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Public Art Professional Services Agreement (2021) 7
<br />paid by employers and businesses and has registered for and received a unified business identifier
<br />number from the state of Washington; and
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<br /> (6) By the effective date of this Agreement, Artist is maintaining a separate set
<br />of records that reflect all items of income and expenses of the services performed.
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<br /> C. Any and all employees of the Artist, while engaged in the performance of any Work,
<br />shall be considered employees of the Artist only and not of the City, and any and all claims that
<br />may or might arise under the Worker's Compensation Act on behalf of said employees or Artist,
<br />while so engaged in any and all claims made by a third party as a consequence of any negligent
<br />act or omission on the part of the Artist's employees, while so engaged on any of the Work, shall
<br />be the sole obligation and responsibility of the Artist.
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<br /> D. Artist shall comply with all applicable provisions of the Fair Labor Standards Act and
<br />other legislation affecting its employees and the rules and regulations issued thereunder insofar as
<br />applicable to its employees and shall at all times save the City free, clear and harmless from all
<br />actions, claims, demands and expenses arising out of said act, and rules and regulations that are or
<br />may be promulgated in connection therewith.
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<br /> E. Artist assumes full responsibility for the payment of all payroll taxes, use, sales, income,
<br />or other form of taxes (such as state and, city business and occupation taxes), fees, licenses, excises
<br />or payments required by any city, federal or state legislation which are now or may during the term
<br />of the Agreement be enacted as to all persons employed by the Artist and as to all duties, activities
<br />and requirements by the Artist in performance of the Work and Artist shall assume exclusive
<br />liability therefore, and meet all requirements thereunder pursuant to any rules or regulations that
<br />are now or may be promulgated in connection therewith.
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<br />15. Employment. The Artist warrants that he had not employed or retained any company or
<br />person, other than a bona fide employee working solely for the Artist, to solicit or secure this
<br />Agreement and that he has not paid or agreed to pay any company or person, other than a bona
<br />fide employee working solely for the Artist, any fee, commission, percentage, brokerage fee, gifts,
<br />or any other consideration, contingent upon or resulting from the award or making of this
<br />Agreement. For breach or violation of this warranty, the City shall have the right to annul this
<br />Agreement without liability or, in its discretion, to deduct from the Agreement price or
<br />consideration or otherwise recover, the full amount of such fee, commission, percentage,
<br />brokerage fee, gift, or contingent fee.
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<br />16. Audits and Inspections. At any time during normal business hours and as often as the City
<br />may deem necessary, the Artist shall make available to the City for the City’s examination all of
<br />the Artist’s records and documents with respect to all matters covered by this Agreement and,
<br />furthermore, the Artist will permit the City to audit, examine and make copies, excerpts or
<br />transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls,
<br />records of personnel, conditions of employment and other data relating to all matters covered by
<br />this Agreement.
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