|
<br />General Provisions - 6
<br />Within ten (10) days after receipt of notice from the City, Contractor shall deliver to the City copies
<br />of all records relating to this Contract or relating to the Work that the City determines qualify as
<br />the City’s public records under the Act. If the City receives a public records request relating to
<br />this Contract or relating to the Work, the City shall seek to provide notice to Contractor at least
<br />ten (10) days before the City releases records pursuant to such public records request, but in no
<br />event will the City have any liability to Contractor for any failure of the City to provide such notice.
<br />In addition to its other indemnification and defense obligations under this Contract, Contractor
<br />shall indemnify and defend the City from and against any and all losses, penalties, fines, claims,
<br />demands, expenses (including, but not limited to, attorney’s fees and litigation expenses), suits,
<br />judgments, or damage arising from or relating to any failure of Contractor to comply with this
<br />Section.
<br />17. Equal Employment Opportunity. Contractor shall not discriminate against any employee,
<br />applicant for employment, or other person on the basis of race, color, religion, sex, age,
<br />disability, marital state, or national origin or other circumstance prohibited by applicable
<br />federal, state, or local law or ordinance. Contractor shall comply with and shall not violate any
<br />applicable provisions of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, and all
<br />applicable federal, state, or local law or ordinance regarding non-discrimination.
<br />18. Federal Debarment. Contractor shall immediately notify the City of any suspension or
<br />debarment or other action that excludes the Contractor and any subcontractor from
<br />participation in Federal contracting. Contractor shall verify all subcontractors that are intended
<br />and/or used by the Contractor for performance of City work are in good standing and are not
<br />debarred, suspended or otherwise ineligible by the Federal Government. Debarment shall be
<br />verified at https://www.epls.gov/epls/search.do. The Contractor shall keep proof of such
<br />verification within the Contractor records.
<br />19. Waiver. Any waiver by the Contractor or the City or the breach of any provision of this Contract
<br />by the other party will not operate, or be construed, as a waiver of any subsequent breach by
<br />either party or prevent either party from thereafter enforcing any such provisions.
<br />20. Complete Contract. This Contract contains the complete and integrated understanding and
<br />Contract between the parties and supersedes any understanding, Contract or negotiation
<br />whether oral or written not set forth herein.
<br />21. Modification of Contract. This Contract may only be modified only by a writing explicitly
<br />identified as a modification of this Contract that is signed by authorized representatives of the
<br />City and the Contractor. In the case of a modification of the RFP Scope of Work, the modification
<br />may be signed as set forth therein.
<br />22. Severability. If any part of this Contract is found to be in conflict with applicable laws, such part
<br />shall be inoperative, null and void, insofar as it is in conflict with said laws, and the remainder of
<br />the Contract shall remain in full force and effect.
<br />23. Notices.
<br />A. Notices to the City of Everett shall be sent to the City address in the Basic Provisions.
<br />B. Notices to the Contractor shall be sent to its address in the Basic Provisions.
<br />24. Venue. Venue for any lawsuit arising out of this Contract shall be in the Superior Court of
<br />Snohomish County, Washington.
<br />25. Governing Law. The laws of the State of Washington, without giving effect to principles of conflict
<br />of laws, govern all matters arising out of or relating to this Contract.
<br />26. City Marks. The Contractor will not use any trade name, trademark, service mark, or logo of the
<br />City (or any name, mark, or logo confusingly similar thereto) in any advertising, promotions, or
<br />otherwise, without the City's express prior written consent.
|