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<br />Davey Resource Group PSA 2022
<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.
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<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.
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<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.
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<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.
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<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 of its
<br />business and to its performance of work hereunder.
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<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
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