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General Provisions - 3
<br />to performing any work pursuant to this Agreement.
<br />11. State of Washington Requirements. Facility User 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 this
<br />Agreement.
<br />12. Compliance with Federal, State and Local Laws. Facility User shall comply with and obey all federal,
<br />state and local laws, regulations, and ordinances applicable to the operation of its business and to
<br />its performance hereunder.
<br />13. Use of Labor. If Facility User is allowed under this Agreement to undertake construction, alteration,
<br />repair, or improvement of Athletic Facilities, Facility User may use volunteers for such work.
<br />Volunteers are individuals to whom no wage or salary compensation is paid, but Facility User may
<br />provide volunteers with clothing or tools; meals or refreshments; and accident/injury insurance
<br />coverage. If minors (under age 18) are participating in such work, Facility User assumes all
<br />responsibility for obtaining formal parental/guardian consent for the minor’s attendance and
<br />participation. Facility User further acknowledges that Facility User is responsible for providing
<br />adequate adult supervision for all minor volunteers during volunteer service. If Facility User uses
<br />paid labor for work of construction, alteration, repair, or improvement of Athletic Facilities under
<br />this Agreement (regardless of whether such payments are from Facility User or Facility User
<br />subcontractor of any tier), then all such paid laborers must be paid an amount not less than the
<br />prevailing rate of wages established for each trade or occupation as established by the Washington
<br />Department of Labor and Industries, in accordance with Chapter 39.12 RCW (Prevailing Wages).
<br />14. Compliance with the Washington State Public Records Act. Facility User acknowledges that the City
<br />is subject to the Public Records Act, chapter 42.56 RCW (the “Act”). All records owned, used or
<br />retained by the City are public records subject to disclosure unless exempt under the Act, whether
<br />or not such records are in the possession or control of the City or Facility User. Facility User shall
<br />cooperate with the City so that the City may comply with all of its obligations under the Act. Within
<br />ten (10) days after receipt of notice from the City, Facility User shall deliver to the City copies of all
<br />records relating to this Agreement or relating to the Athletic Facilities that the City determines qualify
<br />as the City’s public records under the Act. If the City receives a public records request relating to this
<br />Agreement or relating to the Athletic Facilities, the City shall seek to provide notice to Facility User
<br />at least ten (10) days before the City releases records pursuant to such public records request, but in
<br />no event will the City have any liability to Facility User for any failure of the City to provide such
<br />notice. In addition to its other indemnification and defense obligations under this Agreement,
<br />Facility User shall indemnify and defend the City from and against any and all losses, penalties, fines,
<br />claims, demands, expenses (including, but not limited to, attorney’s fees and litigation expenses),
<br />suits, judgments, or damage arising from or relating to any failure of Facility User to comply with this
<br />Section.
<br />15. Equal Employment Opportunity. Facility User shall not discriminate against any employee,
<br />applicant for employment, or other person on the basis of race, color, religion, sex, age, disability,
<br />marital state, or national origin or other circumstance prohibited by applicable federal, state, or
<br />local law or ordinance. Facility User shall comply with and shall not violate any applicable
<br />provisions of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, and all applicable federal,
<br />state, or local law or ordinance regarding non-discrimination.
<br />16. Waiver. Any waiver by Facility User or the City or the breach of any provision of this Agreement by
<br />the other party will not operate, or be construed, as a waiver of any subsequent breach by either
<br />party or prevent either party from thereafter enforcing any such provisions.
<br />17. Complete Agreement. This Agreement contains the complete and integrated understanding and
<br />agreement between the parties and supersedes any understanding, agreement or negotiation
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