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General Provisions - 4
<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 and
<br />other state agencies, where required, for the service performed for the payment
<br />of all state taxes normally paid by employers and businesses and has registered
<br />for and received a unified business identifier number from the state of
<br />Washington; and
<br />(6) By the effective date of this Agreement, Service Provider is maintaining a separate
<br />set of records that reflect all items of income and expenses of the services
<br />performed.
<br />C. Any and all employees of the Service Provider, while engaged in the performance of any Work,
<br />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
<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 the Service Provider's employees, while so engaged on any of
<br />the 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 thereunder
<br />insofar as applicable to its employees and shall at all times save the City free, clear and
<br />harmless from all actions, claims, demands and expenses arising out of such act, and rules
<br />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 now
<br />or may during the term of the Agreement be enacted as to all persons employed by the
<br />Service Provider and as to all duties, activities and requirements by the 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. The Service Provider warrants that it has not employed or
<br />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 may
<br />deem necessary, the Service Provider shall make available to the City for the City’s examination
<br />all of the Service Provider’s records and documents with respect to all matters covered by this
<br />Agreement and, furthermore, the Service Provider will permit the City to audit, examine and make
<br />copies, excerpts or transcripts from such records, and to make audits of all contracts, invoices,
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