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2006/07/26 Council Agenda Packet
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2006/07/26 Council Agenda Packet
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Council Agenda Packet
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7/26/2006
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14 <br /> The Hearing Examiner is an independent contractor and shall be responsible for all <br /> obligations relating to federal income tax, self-employment,FICA taxes and <br /> contributions, and all other so called employer taxes and contributions, including,but not <br /> limited to, industrial insurance (Workmen's Compensation), and the Hearing Examiner <br /> agrees to indemnify and hold the City of Everett harmless from any claims and expenses, <br /> valid or otherwise,made to and/or incurred by the City,because of these obligations. <br /> Any employees of the Hearing Examiner,while engaged in the performance of any work <br /> or services required by the Hearing Examiner under this Contract, shall be considered <br /> employees of the Hearing Examiner only and not of the City. Any and all claims that <br /> may or might arise under the Worker's Compensation Act on behalf of said employees of <br /> Hearing Examiner,while engaged in the performance of any work or service under this <br /> Contract, and all claims made by a third party related to any act or omission on the part of <br /> the Hearing Examiner's employees,while so engaged shall be the sole obligation and <br /> responsibility of the Hearing Examiner. <br /> The Hearing Examiner shall comply with all applicable provisions of the Fair Labor <br /> Standards Act and other laws affecting the Hearing Examiner and any applicable rules <br /> and regulations issued thereunder. The Hearing Examiner shall at all times save the City <br /> harmless and indemnify the City from all actions, claims, demands and expenses related <br /> to or arising under the FSLA and other laws affecting its employees. <br /> The Hearing Examiner assumes exclusive liability for any failure to pay any taxes, fees <br /> licenses, excises or other payments required by any City, federal or state law enacted as <br /> to the persons employed by the Hearing Examiner and as to the duties, activities and <br /> requirements of the Hearing Examiner in performance of the work or services under this <br /> Contract. <br /> 3. The Hearing Examiner agrees to obtain a City of Everett business license prior to <br /> performing any work pursuant to this Contract. The Hearing Examiner agrees to register <br /> and obtain any State of Washington business licenses, Department of Revenue account <br /> and/or unified business identifier number as required by RCW 50.04.140 and 51.08.195 <br /> prior to performing work pursuant to this Contract. <br /> 4. The services of the Hearing Examiner pursuant to this Contract are to commence on <br /> August 1,2006 and expire not later than four(4)years following this date; provided that <br /> the Hearing Examiner may continue providing services thereafter under the terms of this <br /> Contract subject to thirty (30)days written notice of termination. At such time services <br /> are provided pursuant to this Contract,the contract between the Hearing Examiner and <br /> the City dated December 22, 2002, as amended, is hereby superseded. <br /> 5. Termination of this Contract before the expiration date may be accomplished by the <br /> Hearing Examiner by giving the City a sixty (60)days written notice of termination. <br /> Termination of this Contract before the expiration date may be accomplished by the City <br /> as outlined in Section 5,titled "Removal"or Ordinance No. 692-80 (as amended). <br /> 62 <br />
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