<br />General Provisions - 6
<br />performing professional services during the term of this Agreement for other parties; however,
<br />such performance of other services shall not conflict with or interfere with Supplier's ability to
<br />perform the Work. Supplier agrees to resolve 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, Supplier shall make available to the City for the City’s examination all of
<br />Supplier’s records and documents with respect to all matters covered by this Agreement and,
<br />furthermore, Supplier 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 Agreement.
<br />16. City of Everett Business License. Supplier agrees to obtain a City of Everett business license prior
<br />to performing any work pursuant to this Agreement.
<br />17. State of Washington Requirements. Supplier 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 Agreement.
<br />18. Compliance with Federal, State and Local Laws. Supplier shall comply with and obey all federal,
<br />state and local laws, regulations, and ordinances applicable to the operation of its business and
<br />to its performance of work hereunder.
<br />19. Compliance with the Washington State Public Records Act. Supplier 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 Supplier. Supplier shall
<br />cooperate with the City so that the City may comply with all of its obligations under the Act.
<br />Within ten (10) days after receipt of notice from the City, Supplier shall deliver to the City copies
<br />of all records relating to this Agreement or relating to the Work 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
<br />this Agreement or relating to the Work, the City shall seek to provide notice to Supplier 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 Supplier for any failure of the City to provide such notice.
<br />In addition to its other indemnification and defense obligations under this Agreement, Supplier
<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 Supplier to comply with this
<br />Section.
<br />20. Compliance with Grant/Loan Terms and Conditions. Supplier shall comply with any and all terms,
<br />conditions, terms and requirements of any federal, state or other agency grant or loan that wholly
<br />or partially funds Supplier’s work hereunder. If the grant or loan requires that the agency be a
<br />third-party beneficiary to this Agreement, then the agency is a third-party beneficiary to this
<br />Agreement.
<br />21. Equal Employment Opportunity. Supplier 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. Supplier 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.
|