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<br />General Provisions - 5
<br />during the term of the Contract be enacted as to all persons employed by the Contractor and
<br />as to all duties, activities and requirements by the Contractor in performance of the Work
<br />and Contractor shall assume exclusive liability therefor, and meet all requirements
<br />thereunder pursuant to any rules or regulations that are now or may be promulgated in
<br />connection therewith.
<br />11. Employment/Conflict of Interest. The Contractor warrants that it has not employed or retained
<br />any company or person, other than a bona fide employee working solely for the Contractor, to
<br />solicit or secure this Contract and that it has not paid or agreed to pay any company or person,
<br />other than a bona fide employee working solely for the Contractor, any fee, commission,
<br />percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from
<br />the award or making of this Contract. For breach or violation of this warranty, the City shall have
<br />the right to annul this Contract without liability or, in its discretion, to deduct from the Contract
<br />price or consideration or otherwise recover, the full amount of such fee, commission, percentage,
<br />brokerage fee, gift, or contingent fee.
<br />12. Audits and Inspections. At any time during normal business hours and as often as the City may
<br />deem necessary, the Contractor shall make available to the City for the City’s examination all of
<br />the Contractor’s records and documents with respect to all matters covered by this Contract and,
<br />furthermore, the Contractor 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 Contract.
<br />13. City of Everett Business License. Contractor agrees to obtain a City of Everett business license
<br />prior to performing any work pursuant to this Contract.
<br />14. State of Washington Requirements. Contractor agrees to register and obtain any State of
<br />Washington business licenses, Department of Revenue account and/or unified business identifier
<br />number as required by RCW 50.04.140 and 51.08.195 prior to performing any work pursuant to
<br />this Contract.
<br />15. Compliance with Federal, State and Local Laws. Contractor shall comply with and obey all
<br />federal, state and local laws, regulations, and ordinances applicable to the operation of its
<br />business and to its performance of work hereunder. This includes without limitation:
<br /> “Right to Know” legislation required the Department of Labor and Industries to establish
<br />a program to make employers and employees more aware of the hazardous substances
<br />in their work environment. WAC 296-800-180 requires among other things that all
<br />manufacturers/distributors of hazardous substances, include completed Material Safety
<br />Data Sheets (MSDS) for each hazardous material with each delivery.
<br /> Federal Occupational Safety and Health Acts of 1970 (OSHA), as may be amended, and
<br />the Washington Industrial Safety and Health Act of 1973 (WISHA), as may be amended,
<br />and the standards and regulations issued thereunder.
<br /> Americans with Disabilities Act of 1990 (ADA), as may amended, in performing its
<br />obligations under this Contract.
<br />Contractor, at no expense to the City, shall secure and maintain in full force and effect during the
<br />term of this Contract all required licenses, permits, and similar legal authorizations, and comply
<br />with all requirements thereof.
<br />16. Compliance with the Washington State Public Records Act. Contractor acknowledges that the
<br />City is subject to the Public Records Act, chapter 42.56 RCW (the “Act”). All records owned, used
<br />or retained by the City are public records subject to disclosure unless exempt under the Act,
<br />whether or not such records are in the possession or control of the City or Contractor. Contractor
<br />shall cooperate with the City so that the City may comply with all of its obligations under the Act.
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