|
(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 the Service Provider, while engaged in the performance of any
<br /> Work, shall be considered employees of only the Service Provider and not employees of the City.
<br /> The Service Provider shall be solely liable for any and all claims that may or might arise under
<br /> the Worker's Compensation Act on behalf of said employees or Service Provider, while so
<br /> engaged 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 the Service Provider's employees, while so engaged on any of the Work
<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 the Service
<br /> Provider and as to all duties, activities and requirements by the Service Provider in performance
<br /> of the Work and Service Provider shall assume exclusive liability therefore, and meet all
<br /> requirements thereunder pursuant to any rules or regulations that are now or may be promulgated
<br /> in connection therewith.
<br /> 13. Employment. The Service Provider warrants that he had not employed or retained any
<br /> company or person, other than a bona fide employee working solely for the Service Provider, to
<br /> solicit or secure this Agreement and that he has not paid or agreed to pay any company or person,
<br /> other than a bona fide employee working solely for the Service Provider, any fee, commission,
<br /> percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the
<br /> award or making of this Agreement. For breach or violation of this warranty, the City shall have
<br /> the right to annul this Agreement without liability or, in its discretion, to deduct from the
<br /> Agreement price or consideration or otherwise recover, the full amount of such fee, commission,
<br /> 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
<br /> may deem necessary, the Service Provider shall make available to the City for the City's
<br /> examination all of the Service Provider's records and documents with respect to all matters
<br /> covered by this Agreement and, furthermore, the 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 /> 15. City of Everett Business License. Service Provider agrees to obtain a City of Everett
<br /> business license prior to performing any work pursuant to this Agreement.
<br /> Page 7
<br /> (Form Approved by City Attorney's Office January 7,2010,updated November 21,2016)
<br />
|