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(5) By the effective date of this Agreement or within a reasonable time
<br />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 normally
<br />paid by employers and businesses and has registered for and received a unified business identifier
<br />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 the
<br />Worker's Compensation Act on behalf of such 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 such 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 />14. 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 />15. 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 December 2, 2022)
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