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<br /> unified business identifier number from the state of Washington; and
<br /> (6) By the effective date of this Agreement, Contractor is maintaining
<br /> a separate set of records that reflect all items of income and expenses of the services
<br /> performed.
<br /> C. Any and all employees of Contractor,while engaged in the performance of any
<br /> Work, shall be considered employees of only Contractor and not employees of the City.
<br /> Contractor shall be solely liable for any and all claims that may or might arise under the
<br /> Worker's Compensation Act on behalf of said employees or Contractor, while so engaged
<br /> and for any and all claims made by a third party as a consequence of any negligent act or
<br /> omission on the part of Contractor's employees,while so engaged on any of the Work
<br /> D. Contractor shall comply with all applicable provisions of the Fair Labor
<br /> Standards Act and other legislation affecting its employees and the rules and regulations
<br /> issued thereunder insofar as applicable to its employees and shall at all times save the
<br /> City free, clear and harmless from all actions, claims, demands and expenses arising out
<br /> of said act, and rules and regulations that are or may be promulgated in connection
<br /> therewith.
<br /> E. Contractor assumes full responsibility for the payment of all payroll taxes,use,
<br /> sales, income,or other form of taxes (such as state and, city business and occupation
<br /> taxes),fees,licenses, excises or payments required by any city, federal or state legislation
<br /> which are now or may during the term of the Agreement be enacted as to all persons
<br /> employed by Contractor and as to all duties, activities and requirements by Contractor in
<br /> performance of the Work and Contractor shall assume exclusive liability therefore, and
<br /> meet all requirements thereunder pursuant to any rules or regulations that are now or may
<br /> be promulgated in connection therewith.
<br /> 11. Employment. The Contractor warrants that it has not employed or retained any
<br /> company or person,other than a bona fide employee working solely for the Contractor,to
<br /> solicit or secure this Agreement and that it has not paid or agreed to pay any company or
<br /> person, other than a bona fide employee working solely for the Contractor, any fee,
<br /> commission,percentage,brokerage fee, gifts,or any other consideration contingent upon
<br /> or resulting from the award or making of this Agreement. For breach or violation of this
<br /> warranty,the City shall have the right to annul this Agreement without liability or, in its
<br /> discretion,to deduct from the Agreement the price or consideration or otherwise recover
<br /> the full amount of such fee, commission,percentage, brokerage fee, gift, or contingent
<br /> fee.
<br /> 12, Audits and Inspections. At any time during normal business hours and as often as
<br /> the City may deem necessary,the Contractor shall make available to the City for the
<br /> City's examination all of the Contractor's books,records and documents with respect to
<br /> all matters covered by this Agreement and, furthermore,the Contractor will permit the
<br /> City to audit, examine and make copies, excerpts or transcripts from such records, and to
<br /> make audits of all contracts, invoices, materials,payrolls, records of personnel,
<br /> conditions of employment and other data relating to all matters covered by this
<br /> Agreement.
<br /> 13. City of Everett Business License. Contractor shall obtain a City of Everett
<br /> business license prior to performing any work pursuant to this Agreement.
<br /> Page 51 Snohomish County Tourism Bureau Contract-2011
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