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General Provisions - 6
<br />requirements thereunder pursuant to any rules or regulations that are now or may be
<br />promulgated in connection therewith.
<br />14. Employment/Conflict of Interest. Service Provider warrants that it has not employed or retained
<br />any company or person, other than a bona fide employee working solely for Service Provider, to
<br />solicit or secure this Agreement and that it has not paid or agreed to pay any company or person,
<br />other than a bona fide employee working solely for Service Provider, any fee, commission,
<br />percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from
<br />the award or making of this Agreement. For breach or violation of this warranty, the City shall
<br />have the right to annul this Agreement without liability or, in its discretion, to deduct from the
<br />Agreement price or consideration or otherwise recover, the full amount of such fee, commission,
<br />percentage, brokerage fee, gift, or contingent fee. Further, it is recognized that Service Provider
<br />may or will be performing professional services during the term of this Agreement for other
<br />parties; however, such performance of other services shall not conflict with or interfere with
<br />Service Provider's ability to perform the Work. Service Provider agrees to resolve any such
<br />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, Service Provider shall make available to the City for the City’s examination all of
<br />Service Provider’s records and documents with respect to all matters covered by this Agreement
<br />and, furthermore, Service Provider will permit the City to audit, examine and make copies,
<br />excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials,
<br />payrolls, records of personnel, conditions of employment and other data relating to all matters
<br />covered by this Agreement.
<br />16. City of Everett Business License. Service Provider agrees to obtain a City of Everett business
<br />license prior to performing any work pursuant to this Agreement.
<br />17. State of Washington Requirements. Service Provider 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/Prevailing Wages. Service Provider shall comply
<br />with and obey all federal, state and local laws, regulations, and ordinances applicable to the
<br />operation of its business and to its performance of work hereunder. If any Work by Service
<br />Provider or a subcontractor is subject to prevailing wages under chapter 39.12 RCW, all wages to
<br />workers, laborers, or mechanics employed in the performance of such work shall be not less than
<br />prevailing wages under chapter 39.12 RCW. State of Washington prevailing wage rates published
<br />by the Washington State Department of Labor and Industries (L&I) are obtainable from the L&I
<br />website address: https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-
<br />wage-rates/, and the effective prevailing wage date is the same date as the date of last signature
<br />on this Agreement. A copy of the applicable prevailing wage rates are also available for viewing
<br />at Owner’s office located at City of Everett Procurement, 3200 Cedar St, Everett, WA, and the City
<br />will mail a hard copy of the prevailing wage rates upon written request.
<br />19. Compliance with the Washington State Public Records Act. Service Provider acknowledges that
<br />the City is subject to the Public Records Act, chapter 42.56 RCW (the “Act”). All records owned,
<br />used or retained by the City are public records subject to disclosure unless exempt under the Act,
<br />whether or not such records are in the possession or control of the City or Service Provider.
<br />Service Provider shall cooperate with the City so that the City may comply with all of its obligations
<br />under the Act. Within ten (10) days after receipt of notice from the City, Service Provider shall
<br />deliver to the City copies of all records relating to this Agreement or relating to the Work that the
<br />City determines qualify as the City’s public records under the Act. If the City receives a public
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