|
9
<br /> paid by employers and businesses and has registered for and received a unified business
<br /> identifier number from the state of Washington; and
<br /> (6) By the effective date of this Agreement, Service Provider is maintaining a
<br /> separate set of records that reflect all items of income and expenses of the services performed.
<br /> C.Any and all employees of Service Provider, while engaged in the performance of any
<br /> Work, shall be considered employees of Service Provider only and not of the City, and any and
<br /> all claims that may or might arise under the Worker's Compensation Act on behalf of said
<br /> employees or Service Provider, while so engaged in any and all claims made by a third party as a
<br /> consequence of any negligent act or omission on the part of Service Provider's employees, while
<br /> so engaged on any of the Work, shall be the sole obligation and responsibility of Service
<br /> Provider.
<br /> D.Service Provider shall comply with all applicable provisions of the Fair Labor Standards
<br /> Act and other legislation affecting its employees and the rules and regulations issued thereunder
<br /> insofar as applicable to its employees and shall at all times save the City free, clear and harmless
<br /> from all actions, claims, demands and expenses arising out of said act, and rules and regulations
<br /> that are or may be promulgated in connection therewith.
<br /> E. Service Provider 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 taxes), fees,
<br /> licenses, excises or payments required by any city, federal or state legislation which are now or
<br /> may during the term of the Agreement be enacted as to all persons employed by Service Provider
<br /> and as to all duties, activities and requirements by Service Provider in performance of the Work
<br /> and Service Provider shall assume exclusive liability therefore, and meet all requirements
<br /> thereunder pursuant to any rules or regulations that are now or may be promulgated in
<br /> connection therewith.
<br /> 11. Employment. Service Provider warrants that it had not employed or retained any company
<br /> or person, other than a bona fide employee working solely for Service Provider, to solicit or
<br /> secure this Agreement and that it has not paid or agreed to pay any company or person, other
<br /> than a bona fide employee working solely for Service Provider, any fee, commission, percentage,
<br /> brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or
<br /> making of this Agreement. For breach or violation of this warranty, the City shall have the right
<br /> to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price
<br /> or consideration or otherwise recover, the full amount of such fee, commission, percentage,
<br /> brokerage fee, gift, or contingent fee.
<br /> 12. Audits and Inspections. At any time during normal business hours and as often as the City
<br /> may deem necessary, Service Provider shall make available to the City for the City's
<br /> examination all of Service Provider's books, records and documents with respect to all matters
<br /> covered by this Agreement and, furthermore, Service Provider will permit the City to audit,
<br /> examine and make copies, excerpts or transcripts from such records, and to make audits of all
<br /> contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other
<br /> data relating to all matters covered by this Agreement.
<br /> Retail Lockbox Professional Services Agreement--Page E6 0
<br />
|