2009/01/27 Council Agenda Packet

The Hearing Examiner Pro Tem is an independent contractor and shall be responsible for all obligations relating to federal income tax, self-employment, FICA taxes and contributions, and all other so called employer taxes and contributions, including, but not limited to, industrial insurance(Workmen's Compensation), and the Hearing Examiner Pro Tern agrees to indemnify and hold the City of Everett harmless from any claims and expenses, valid or otherwise, made to and/or incurred by the City, because of these obligations. Any employee of the Hearing Examiner Pro Tem, while engaged in the performance of any work or services required by the Hearing Examiner Pro Tern under this Contract, shall be considered an employee of the Hearing Examiner Pro Tem only and not of the City. Any and all claims that may or might arise under the Worker's Compensation Act on behalf of said employee(s)of the Hearing Examiner Pro Tern, while engaged in the performance of any work or service under this Contract, and all claims made by a third party related to any act or omission on the part of the Hearing Examiner Pro Tern's employees, while so engaged shall be the sole obligation and responsibility of the Hearing Examiner Pro Tern. The Hearing Examiner Pro Tem shall comply with all applicable provisions of the Fair Labor Standards Act and other laws that may affect the Hearing Examiner Pro Tern and any applicable rules and regulations issued thereunder. The Hearing Examiner Pro Tern shall at all times save the City harmless and indemnify the City from all actions, claims, demands and expenses related to or arising under the FSLA and other laws affecting employees,if any, of the Hearing Examiner Pro Tern. The Hearing Examiner Pro Tern assumes exclusive liability for any failure to pay any taxes,fees licenses,excises or other payments required by any City, federal or state law enacted as to the persons employed by the Hearing Examiner Pro Tem and as to the duties, activities and requirements of the Hearing Examiner Pro Tern in performance of the work or services under this Contract. 3. The Hearing Examiner Pro Tem agrees to obtain a City of Everett business license prior to performing any work pursuant to this Contract. The Hearing Examiner Pro Tern agrees to register and obtain any State of Washington business licenses, Department of Revenue account and/or unified business identifier number as required by RCW 50.04.140 and 51.08.195 prior to performing work pursuant to this Contract. 4. The services of the Hearing Examiner Pro Tem pursuant to this Contract are to commence on November Z9,2007 and expire not later than one (1)year following this date;provided that the Hearing Examiner Pro Tern may continue providing services thereafter under the terms of this Contract subject to thirty (30)days written notice of termination.