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or Service Provider, while so engaged and for any and all claims made by a third party as a consequence
<br /> of any negligent act or omission on the part of the Service Provider's employees,while so engaged on
<br /> any of the Work. Service Provider shall comply with all applicable provisions of the Fair Labor
<br /> Standards Act and other legislation affecting its employees and the rules and regulations issued
<br /> thereunder 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 said act, and rules and
<br /> regulations that are or may be promulgated in connection therewith.
<br /> D. Service Provider assumes full responsibility for the payment of all payroll taxes,use, sales, income,
<br /> or other form of taxes (such as state and, city business and occupation taxes), fees, licenses, excises or
<br /> payments required by any city, federal or state legislation which are now or may during the term of the
<br /> Agreement be enacted as to all persons employed by the Service Provider and as to all duties, activities
<br /> and requirements by the Service Provider in performance of the Work and Service Provider shall assume
<br /> exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations
<br /> that are now or may be promulgated in connection therewith.
<br /> 13. Employment. The Service Provider warrants that he had not employed or retained any company or
<br /> person, other than a bona fide employee working solely for the Service Provider,to solicit or secure the
<br /> Agreement and that he has not paid or agreed to pay any company or person, other than a bona fide
<br /> employee working solely for the Service Provider, any fee, commission,percentage, brokerage fee, gifts,
<br /> or any other consideration, contingent upon or resulting from the award or making of the Agreement.
<br /> For breach or violation of this warranty, the City shall have the right to annul the Agreement without
<br /> liability or, in its discretion, to deduct from the Agreement price or consideration or otherwise recover,
<br /> the full amount of such fee, commission,percentage, brokerage fee, gift, or contingent fee.
<br /> 14. 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 all of
<br /> the Service Provider's records and documents with respect to all matters covered by the Agreement and,
<br /> furthermore, the Service Provider 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, records
<br /> of personnel, conditions of employment and other data relating to all matters covered by the Agreement.
<br /> 15. City of Everett Business License. Service Provider agrees to obtain a City of Everett business
<br /> license prior to performing any work pursuant to the Agreement.
<br /> 16. 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 number
<br /> as required by RCW 50.04.140 and 51.08.195 prior to performing any work pursuant to the Agreement.
<br /> 17. Compliance with Federal, State and Local Laws. Service Provider shall comply with and obey all
<br /> federal, state and local laws,regulations, and ordinances applicable to the operation of its business and to
<br /> its performance of work hereunder.
<br /> 18. Compliance with Grant Terms and Conditions. Service Provider shall comply with any and all
<br /> conditions, terms and requirements of any federal, state or other grant that wholly or partially funds
<br /> Service Provider's work hereunder.
<br /> General Conditions Page 6
<br /> Standard Document Approved 4.22.14/Office of City Attorney
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