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arise under the Worker's Compensation Act on behalf of said employees or Hearing <br /> Examiner Pro Tern, while so engaged and for any and all claims made by a third party as <br /> a consequence of any negligent act or omission on the part of the Hearing Examiner Pro <br /> Tern's employees, while so engaged on any of the services performed under this Contract, <br /> Hearing Examiner Pro Tern 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 /> The Hearing Examiner Pro Tem assumes full responsibility for the payment of all payroll <br /> taxes, use, sales, income, or other form of taxes (such as state and, city business and <br /> occupation taxes), fees, licenses, excises or payments required by any city, federal or <br /> state legislation which are now or may during the term of the Contract be enacted as to all <br /> persons employed by the Hearing Examiner Pro Tem and as to all duties, activities and <br /> requirements by the Hearing Examiner Pro Tern for services performed under this <br /> Contract and Hearing Examiner Pro Tern 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 /> 3. The Hearing Examiner Pro Tern agrees to obtain a City of Everett business license prior <br /> to performing any work pursuant to this Contract. The Hearing Examiner Pro Tern <br /> agrees to register and obtain any State of Washington business licenses, Department of <br /> Revenue account and/or unified business identifier number as required by RCW <br /> 50.04.140 and 51.08.195 prior to performing work pursuant to this Contract. <br /> 4. The services of the Hearing Examiner Pro Tern pursuant to this Contract are to <br /> commence on September 1,2019, and expire not later than four(4)years following this <br /> date. At such time services are provided pursuant to this Contract,all prior contracts <br /> between the Michael McCarthy and the City for the same services are hereby superseded. <br /> 5. Termination of this Contract before the expiration date may be accomplished by the <br /> Hearing Examiner Pro Tern by giving the City a sixty(60)days written notice of <br /> termination. Termination of this Contract before the expiration date may be <br /> accomplished by the City as outlined in EMC 2.23.050 titled"Removal," <br /> 6. Compensation for the Hearing Examiner Pro Tem for the services pursuant to this <br /> Contract shall be at the rate of$145 per hour not to exceed $10,000 per year. The <br /> Hearing Examiner Pro Tern shall be reimbursed for long distance telephone calls which <br /> he or she makes to the City for the purpose of carrying out his or her duties as Hearing <br /> Examiner Pro Tern up to a maximum of Twenty-Five Dollars($25.00)per month. <br /> Documented proof of such calls must be provided prior to payment. <br /> 7. Notices <br /> Hearing Examiner Pro Tern Contract 2019 Page 3 of 6 <br />