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7 <br />E. Service Provider certifies that it is aware of the provisions of Title 51 of the Revised Code of Washington <br />that requires every employer to be insured against liability of Workers’ Compensation, or to undertake <br />self-insurance in accordance with the provisions of that Title. Service Provider shall comply with the <br />provisions of Title 51 of the Revised Code of Washington before commencing the performance of the <br />Work. Service Provider shall provide the City with evidence of Workers’ Compensation Insurance (or <br />evidence of qualified self-insurance) before any Work is commenced. <br />9. Risk of Loss. Service Provider shall be solely responsible for the safety of its employees, agents and <br />subcontractors in the performance of the work hereunder and shall take all protections reasonably <br />necessary for that purpose. All work shall be done at Service Provider’s own risk, and Service Provider shall <br />be solely responsible for any loss of or damage to Service Provider’s materials, tools, or other articles used <br />or held for use in connection with the work. <br />10. Independent Contractor. This Agreement neither constitutes nor creates an employer-employee <br />relationship. Service Provider must provide services under this Agreement as an independent contractor. <br />Service Provider must comply with all federal and state laws and regulations applicable to independent <br />contractors including, but not limited to, the requirements listed in this Section. Service Provider agrees to <br />indemnify and defend the City from and against any claims, valid or otherwise, made against the City <br />because of these obligations <br />11. City of Everett Business License. Service Provider agrees to obtain a City of Everett business license prior <br />to performing any work pursuant to this Agreement. <br />12. Compliance with Federal, State and Local Laws. Service Provider shall comply with and obey all federal, <br />state and local laws, regulations, and ordinances applicable to the operation of its business and to its <br />performance of work hereunder. <br />13. Compliance with the Washington State Public Records Act. Service Provider acknowledges that the City is <br />subject to the Public Records Act, chapter 42.56 RCW (the “Act”). All records owned, used or retained by <br />the City are public records subject to disclosure unless exempt under the Act, whether or not such records <br />are in the possession or control of the City or Service Provider. Service Provider shall cooperate with the <br />City so that the City may comply with all of its obligations under the Act. <br />14. Equal Employment Opportunity. Service Provider shall not discriminate against any employee, applicant <br />for employment, or other person on the basis of race, color, religion, sex, age, disability, marital state, or <br />national origin or other circumstance prohibited by applicable federal, state, or local law or ordinance. <br />Service Provider shall comply with and shall not violate any applicable provisions of Chapter 49.60 RCW, <br />Title VI of the Civil Rights Act of 1964, and all applicable federal, state, or local law or ordinance regarding <br />non-discrimination. <br />15. Waiver. Any waiver by Service Provider or the City or the breach of any provision of this Agreement by the <br />other party will not operate, or be construed, as a waiver of any subsequent breach by either party or <br />prevent either party from thereafter enforcing any such provisions. <br />16. Complete Agreement. This Agreement contains the complete and integrated understanding and <br />agreement between the parties and supersedes any understanding, agreement or negotiation whether oral <br />or written not set forth herein. <br />17. Modification of Agreement. This Agreement may only be modified by a writing explicitly identified as a <br />modification or amendment of this Agreement that is signed by authorized representatives of the City and <br />Service Provider. <br />18. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be <br />inoperative, null and void, insofar as it is in conflict with said laws, and the remainder of the Agreement <br />shall remain in full force and effect. <br />19. Notices. <br />A. Notices to the shall be sent to the City Project Manager address in the Basic Provisions. <br />B. Notices to Service Provider shall be sent to its address in the Basic Provisions. <br />20. Venue. Venue for any lawsuit arising out of this Agreement shall be in the Superior Court of Snohomish <br />County, Washington. <br />21. Governing Law. The laws of the State of Washington, without giving effect to principles of conflict of laws, <br />govern all matters arising out of or relating to this Agreement.