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2005/01/12 Council Agenda Packet
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2005/01/12 Council Agenda Packet
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Council Agenda Packet
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1/12/2005
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3 <br /> 4. Information And Reports: The Contractor shall provide all information and reports <br /> required by the Regulations, or directives issued pursuant thereto, and shall permit <br /> access to its books, records, accounts, other sources of information, and its facilities as <br /> may be determined by the City to be pertinent to ascertain compliance with such <br /> Regulations or directives. Where any information required of the Contractor is in the <br /> exclusive possession of another who fails or refuses to furnish this information the <br /> Contractor shall so certify to the City, or the United States Department of <br /> Transportation as appropriate, and shall set forth what efforts it has made to obtain the <br /> information. <br /> 5. Sanctions For Noncompliance: In the event of the Contractor's noncompliance with the <br /> nondiscrimination provisions of this Agreement, the City shall impose such sanctions <br /> as it or the Federal Highway Administration may determine to be appropriate, <br /> including, but not limited to: <br /> a. Withholding of payments to the Contractor under the Agreement until the <br /> Contractor complies, and/or <br /> b. Cancellation, termination or suspension of the Agreement, in whole or in part. <br /> 6. Incorporation Of Provisions: The Contractor shall include the provisions of paragraphs <br /> (1) through (6) in every subcontract, including procurements of materials and leases of <br /> equipment, unless exempt by the Regulations or directives issued pursuant thereto. <br /> The Contractor shall take such action with respect to any subconsultant or procurement <br /> as the City or the Federal Highway Administration may direct as a means of enforcing <br /> such provisions including sanctions for noncompliance; provided, however, that, in the <br /> event a Contractor becomes involved in, or is threatened with, litigation with a <br /> subconsultant or supplier as a result of such direction, the Contractor may request the <br /> City to enter into such litigation to protect the interests of the City, and in addition, the <br /> Contractor may request the United States to enter into such litigation to protect the <br /> interests of the United States. <br /> G. Unfair Employment Practices: The Contractor shall comply with RCW 49.60.180. <br /> 15. Required Certifications. Attached hereto as Exhibit D-1, are the Certifications of the Consultant <br /> and the City, Exhibit D-2 Certification regarding debarment, suspension and other responsibility <br /> matters - primary covered transactions, Exhibit D-3 Certification regarding the restrictions of the use <br /> of Federal funds for lobbying, and Exhibit D-4 Certificate of Current Cost or Pricing Data. Contractor <br /> shall execute and return these certificates with the signed Agreement. The certificates are incorporated <br /> herein by reference. <br /> 16. Audits and Inspections. At any time during normal business hours and as often as the City may <br /> deem necessary, the Contractor shall make available to the City for the City's examination all of the <br /> Contractor's records and documents with respect to all matters covered by this Agreement and, <br /> furthermore, the Contractor 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 this <br /> Agreement. <br /> 17. City of Everett Business License. Contractor agrees to obtain a City of Everett business license <br /> prior to performing any work pursuant to this Agreement. <br /> 18. State of Washington Requirements. Contractor agrees to register and obtain any State of <br /> Washington business licenses, Department of Revenue account and/or unified business identifier <br /> Rev9808 7 <br />
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