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B. Any and all employees of Service Provider, while engaged in the performance of any Work, shall
<br />be considered employees of Service Provider only and not of the City, and any and all claims that may or
<br />might arise under the Worker's Compensation Act on behalf of said employees or Service Provider, while
<br />so engaged in any and all claims made by a third party as a consequence of any negligent act or omission
<br />on the part of Service Provider's employees, while so engaged on any of the Work, shall be the sole
<br />obligation and responsibility of Service Provider.
<br />C. Service Provider 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. Service Provider assumes full responsibility for the payment of all payroll taxes, use, sales,
<br />income, or other form of taxes (such as state and, city business and occupation taxes), fees, licenses,
<br />excises or payments required by any city, federal or state legislation which are now or may during the
<br />term of the Agreement be enacted as to all persons employed by Service Provider and as to all duties,
<br />activities and requirements by Service Provider in performance of the Work and Service Provider shall
<br />assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or
<br />regulations that are now or may be promulgated in connection therewith.
<br />11. Employment. Service Provider warrants that it had not employed or retained any company or
<br />person, other than a bona fide employee working solely for Service Provider, to solicit or secure this
<br />Agreement and that it has not paid or agreed to pay any company or person, other than a bona fide
<br />employee working solely for Service Provider, any fee, commission, percentage, brokerage fee, gifts, or
<br />any 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 />12. 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 books, 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, 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 />13. _City of Everett Business License. Service Provider shall obtain a City of Everett business license
<br />prior to performing any work pursuant to this Agreement.
<br />14. State of Washington Requirements. Service Provider shall 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 />15. Compliance with Federal, State, and Local Laws. Service Provider shall comply with and obey
<br />all federal, state, and local laws, regulations, and ordinances applicable to the operation of its business and
<br />to its performance of work hereunder.
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