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General Provisions - 4
<br />business of the same nature as the service performed, or has a principal place of
<br />business for the service performed that is eligible for a business deduction for
<br />federal income tax purposes; and
<br />(4) On the effective date of this Agreement, Service Provider is responsible for filing
<br />a schedule of expenses, for the next applicable filing period, with the internal
<br />revenue service for the type of service performed; and
<br />(5) By the effective date of this Agreement or within a reasonable time thereafter,
<br />Service Provider has established an account with the department of revenue
<br />and other state agencies, where required, for the service performed for the
<br />payment of all state taxes normally paid by employers and businesses and has
<br />registered for and received a unified business identifier number from the state
<br />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
<br />services performed.
<br />C. Any and all employees of Service Provider, while engaged in the performance of any Work,
<br />shall be considered employees of only Service Provider and not employees of the City.
<br />Service Provider shall be solely liable for any and all claims that may or might arise under
<br />the Worker's Compensation Act on behalf of such employees or Service Provider, while so
<br />engaged and for any and all claims made by a third party as a consequence of any negligent
<br />act or omission on the part of Service Provider's employees, while so engaged on any of the
<br />Work.
<br />D. Service Provider shall comply with all applicable provisions of the Fair Labor Standards Act
<br />and other legislation affecting its employees and the rules and regulations issued
<br />thereunder insofar as applicable to its employees and shall at all times save the City free,
<br />clear and harmless from all actions, claims, demands and expenses arising out of such act,
<br />and rules and regulations 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
<br />now or may during the term of the Agreement be enacted as to all persons employed by
<br />Service Provider and as to all duties, activities and requirements by Service Provider in
<br />performance of the Work and Service Provider shall assume exclusive liability therefor, and
<br />meet all requirements thereunder pursuant to any rules or regulations that are now or may
<br />be promulgated in connection therewith.
<br />14. Employment/Conflict of Interest. Service Provider warrants that it has not employed or
<br />retained any company or person, other than a bona fide employee working solely for Service
<br />Provider, to solicit or secure this Agreement and that it has not paid or agreed to pay any
<br />company or person, other than a bona fide employee working solely for Service Provider, any
<br />fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon
<br />or resulting from the award or making of this Agreement. For breach or violation of this
<br />warranty, the City shall have the right to annul this Agreement without liability or, in its
<br />discretion, to deduct from the Agreement price or consideration or otherwise recover, the full
<br />amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Further, it
<br />is recognized that Service Provider may or will be performing professional services during the
<br />term of this Agreement for other parties; however, such performance of other services shall not
<br />conflict with or interfere with Service Provider's ability to perform the Work. Service Provider
<br />agrees to resolve any such conflicts of interest in favor of the City.
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