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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.
<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
<br />Provider, to solicit or secure this Agreement and that it has not paid or agreed to pay any company
<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
<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 />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
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<br />(Form Approved by City Attorney's Office January 7, 2010, updated November 4, 2020)
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