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3 <br /> The Hearing Examiner Pro Tern is an independent contractor and shall be responsible for <br /> all 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 /> Pro Tern agrees to indemnify and hold the City of Everett harmless from any claims and <br /> expenses, valid or otherwise, made to and/or incurred by the City, because of these <br /> obligations. <br /> Any employee of the Hearing Examiner Pro Tern, while engaged in the performance of <br /> any work or services required by the Hearing Examiner Pro Tem under this Contract, <br /> shall be considered an employee of the Hearing Examiner Pro Tern only and not of the <br /> City. Any and all claims that may or might arise under the Worker's Compensation Act <br /> on behalf of said employee(s) of the Hearing Examiner Pro Tem, while engaged in the <br /> performance of any work or service under this Contract, and all claims made by a third <br /> party related to any act or omission on the part of the Hearing Examiner Pro Tern's <br /> employees, while so engaged shall be the sole obligation and responsibility of the <br /> Hearing Examiner Pro Tem. <br /> The Hearing Examiner Pro Tern shall comply with all applicable provisions of the Fair <br /> Labor Standards Act and other laws that may affect the Hearing Examiner Pro Tern and <br /> any applicable rules and regulations issued thereunder. The Hearing Examiner Pro Tern <br /> shall at all times save the City harmless and indemnify the City from all actions, claims, <br /> demands and expenses related to or arising under the FSLA and other laws affecting <br /> employees, if any, of the Hearing Examiner Pro Tern. <br /> The Hearing Examiner Pro Tern assumes exclusive liability for any failure to pay any <br /> taxes, fees licenses, excises or other payments required by any City, federal or state law <br /> enacted as to the persons employed by the Hearing Examiner Pro Tern and as to the <br /> duties, activities and requirements of the Hearing Examiner Pro Tern in performance of <br /> the work or services under this Contract. <br /> 3. The Hearing Examiner Pro Tem agrees to obtain a City of Everett business license prior <br /> to performing any work pursuant to this Contract. The Hearing Examiner Pro Tem <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 November 29, 2007 and expire not later than one (1) year following this <br /> date; provided that the Hearing Examiner Pro Tern may continue providing services <br /> thereafter under the terms of this Contract subject to thirty (30) days written notice of <br /> termination. <br /> 6 <br />