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thereafter, Service Provider has established an account with the department of revenue and other
<br /> state agencies, where required, for the service performed for the payment of all state taxes
<br /> normally paid by employers and businesses and has registered for and received a unified
<br /> business identifier number from the state of Washington; and
<br /> (6) By the effective date of this Agreement, Service Provider is maintaining a
<br /> separate set of records that reflect all items of income and expenses of the services performed.
<br /> C. Any and all employees of the Service Provider,while engaged in the performance of any
<br /> Work, shall be considered employees of only the Service Provider and not employees of the City.
<br /> The Service Provider shall be solely liable for any and all claims that may or might arise under
<br /> the Worker's Compensation Act on behalf of said employees or Service Provider, while so
<br /> engaged and for any and all claims made by a third party as a consequence of any negligent act
<br /> or omission on the part of the Service Provider's employees, while so engaged on any of the
<br /> 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,
<br /> sales, 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.
<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
<br /> Service Provider, to solicit or secure this Agreement and that it has not paid or agreed to pay any
<br /> company or person, other than a bona fide employee working solely for the Service Provider, any
<br /> fee, 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
<br /> deduct from the Agreement price or consideration or otherwise recover, the full amount of such
<br /> fee, commission, percentage, brokerage fee, gift, or contingent fee. Further, it is recognized that
<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
<br /> resolve any such conflicts of interest in favor of the City.
<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
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<br /> (Form Approved by City Attorney's Office January 7, 2010, updated November 4, 2020)
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