|
17
<br /> party as a consequence of any negligent act or omission on the part of the Contractor's employees,while
<br /> so engaged on any of the Work
<br /> C. Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and
<br /> other legislation affecting its employees and the rules and regulations issued thereunder insofar as
<br /> applicable to its employees and shall at all times save the City free, clear and harmless from all actions,
<br /> claims, demands and expenses arising out of said act, and rules and regulations that are or may be
<br /> promulgated in connection therewith.
<br /> D. Contractor 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 Contractor and as to all duties, activities and
<br /> requirements by the Contractor in performance of the Work and Contractor shall assume exclusive
<br /> liability therefore, and meet all requirements thereunder pursuant to any rules or regulations that are now
<br /> or may be promulgated in connection therewith.
<br /> 13. Employment. The Contractor warrants that he had not employed or retained any company or
<br /> person, other than a bona fide employee working solely for the Contractor, to solicit or secure this
<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 Contractor, any fee,commission,percentage,brokerage fee,gifts,or any
<br /> other consideration, contingent upon or resulting from the award or making of this Agreement. For
<br /> breach or violation of this warranty,the City shall have the right to annul this Agreement without liability
<br /> or, in its discretion, to deduct from the Agreement price or consideration or otherwise recover, the full
<br /> 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 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 of
<br /> personnel,conditions of employment and other data relating to all matters covered by this Agreement.
<br /> 15. 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 /> 16. 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 number
<br /> as required by RCW 50.04.140 and 51.08.195 prior to performing any work pursuant to this Agreement.
<br /> 17. Compliance with Federal, State and Local Laws. Contractor 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. Waiver. Any waiver by the Contractor or the City or the breach of any provision of this Agreement
<br /> by the other party will not operate, or be construed, as a waiver of any subsequent breach by either party
<br /> or prevent either party from thereafter enforcing any such provisions.
<br /> 6
<br />
|