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The Service Provider shall be solely liable for any and all claims that may or might arise under the
<br /> Worker's Compensation Act on behalf of said employees or Service Provider, while so engaged
<br /> and for any and all claims made by a third party as a consequence of any negligent act or omission
<br /> on the part of the Service Provider's employees,while so engaged on any of the Work
<br /> D. Service Provider shall comply with all applicable provisions of the Fair Labor Standards
<br /> Act and other legislation affecting its employees and the rules and regulations issued thereunder
<br /> insofar as applicable to its employees and shall at all times save the City free, clear and harmless
<br /> from all actions, claims, demands and expenses arising out of said act, and rules and regulations
<br /> that are or may be promulgated in connection therewith.
<br /> E. Service Provider assumes full responsibility for the payment of all payroll taxes,use,sales, •
<br /> income, or other form of taxes (such as state and, city business and occupation taxes), fees,
<br /> licenses, excises or payments required by any city, federal or state legislation which are now or
<br /> may during the term of the Agreement be enacted as to all persons employed by the Service
<br /> Provider and as to all duties, activities and requirements by the Service Provider in performance
<br /> of the Work and Service Provider shall assume exclusive liability therefor, and meet all
<br /> requirements thereunder pursuant to any rules or regulations that are now or may be promulgated
<br /> in connection therewith. 1 f
<br /> 13. Employment/Conflict of Interest. The Service Provider warrants that it has not employed _
<br /> or retained any company or person,other than a bona fide employee working solely for the Service I
<br /> Provider,to solicit or secure this Agreement and that it has not paid or agreed to pay any company i r
<br /> or person, other than a bona fide employee working solely for the Service Provider, any fee,
<br /> commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or
<br /> resulting from the award or making of this Agreement. For breach or violation of this warranty, ; _
<br /> the City shall have the right to annul this Agreement without liability or,in its discretion,to deduct
<br /> from the Agreement price or consideration or otherwise recover, the full amount of such fee,
<br /> commission, percentage, brokerage fee, gift, or contingent fee. Further, it is recognized that I
<br /> Service Provider may or will be performing professional services during the term of this
<br /> Agreement for other parties; however, such performance of other services shall not conflict with -
<br /> or interfere with Service Provider's ability to perform the Work. Service Provider agrees to resolve
<br /> any such conflicts of interest in favor of the City.
<br /> •
<br /> 14. Audits and Inspections. At any time during normal business hours and as often as the City
<br /> may deem necessary, the Service Provider shall make available to the City for the City's
<br /> examination all of the Service Provider's records and documents with respect to all matters
<br /> covered by this Agreement and, furthermore, the Service Provider will permit the City to audit,
<br /> examine and make copies, excerpts or transcripts from such records, and to make audits of all
<br /> contracts,invoices,materials,payrolls,records of personnel,conditions of employment and other
<br /> data relating to all matters covered by this Agreement.
<br /> 15. City of Everett Business License. Service Provider agrees to obtain a City of Everett
<br /> business license prior to performing any work pursuant to this Agreement.
<br /> 16. State of Washington Requirements. Service Provider agrees to register and obtain any State
<br /> of Washington business licenses, Department of Revenue account and/or unified business
<br /> Page 7
<br /> (Form Approved by City Attorney's Office January 7,2010,updated November 4,2020)
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