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Provider, any fee, commission, percentage, brokerage fee, gifts, or any other consideration,
<br /> contingent upon or resulting from the award or making of this Agreement. For breach or
<br /> violation of this warranty, the City shall have the right to annul this Agreement without
<br /> liability or,in its discretion,to deduct from the Agreement price or consideration or otherwise
<br /> recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or
<br /> contingent fee. Further, it is recognized that Service Provider may or will be performing
<br /> professional services during the term of this Agreement for other parties; however, such
<br /> performance of other services shall not conflict with or interfere with Service Provider's
<br /> ability to perform the Work. Service Provider agrees to resolve any such conflicts of interest
<br /> 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
<br /> audit,examine and make copies,excerpts or transcripts from such records,and to make audits
<br /> of all contracts,invoices,materials,payrolls,records of personnel, conditions of employment
<br /> and other 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 /> identifier number as required by RCW 50.04.140 and 51.08.195 prior to performing any work
<br /> pursuant to this Agreement.
<br /> 17. Compliance with Federal, State and Local Laws. Service Provider shall comply with and
<br /> obey all federal, state and local laws,regulations, and ordinances applicable to the operation
<br /> of its business and to its performance of work hereunder.
<br /> 18. Compliance with the Washington State Public Records Act. Service Provider
<br /> acknowledges that the City is subject to the Public Records Act, chapter 42.56 RCW(the"Act").
<br /> All records owned, used or retained by the City are public records subject to disclosure unless
<br /> exempt under the Act, whether or not such records are in the possession or control of the City or
<br /> Service Provider. Service Provider shall cooperate with the City so that the City may comply with
<br /> all of its obligations under the Act. Within ten (10) days after receipt of notice from the City,
<br /> Service Provider shall deliver to the City copies of all records relating to this Agreement or relating
<br /> to the Work that the City determines qualify as the City's public records under the Act. If the City
<br /> receives a public records request relating to this Agreement or relating to the Work,the City shall
<br /> seek to provide notice to Service Provider at least ten (10) days before the City releases records
<br /> pursuant to such public records request, but in no event will the City have any liability to Service
<br /> Provider for any failure of the City to provide such notice. In addition to its other indemnification
<br /> and defense obligations under this Agreement, Service Provider shall indemnify and defend the
<br /> City from and against any and all losses, penalties, fines, claims, demands, expenses (including,
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<br /> (Form Approved by City Attorney's Office January 7,2010,updated January 6,2022)
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