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requirements listed in this Section 3. The Hearing Examiner agrees to indemnify and <br /> defend the City from and against any claims, valid or otherwise, made against the City <br /> because of these obligations. <br /> In addition to the other requirements of this Section 3, if the Hearing Examiner is a sole <br /> proprietor, the Hearing Examiner agrees that the Hearing Examiner is not an employee or <br /> worker of the City under Chapter 51 of the Revised Code of Washington, Industrial <br /> Insurance for the service performed in accordance with this Contract, by certifying to the <br /> following: <br /> (1) The Hearing Examiner is free from control or direction over the <br /> performance of the service; and <br /> (2) The service performed is outside the usual course of business for the City, <br /> or will not be performed at any place of business of the City, or the <br /> Hearing Examiner is responsible for the costs of the principal place of <br /> business from which the service is performed; and <br /> (3) The Hearing Examiner is customarily engaged in an independently <br /> established business of the same nature as the service performed, or has a <br /> principal place of business for the service performed that is eligible for a <br /> business deduction for federal income tax purposes; and <br /> (4) On the effective date of this Contract,the Hearing Examiner is responsible <br /> for filing a schedule of expenses, for the next applicable filing period, with <br /> the internal revenue service for the type of service performed; and <br /> (5) By the effective date of this Contract or within a reasonable time <br /> thereafter,the Hearing Examiner has established an account with the <br /> department of revenue and other state agencies, where required, for the <br /> service performed for the payment of all state taxes normally paid by <br /> employers and businesses and has registered for and received a unified <br /> business identifier number from the state of Washington; and <br /> (6) By the effective date of this Contract, the Hearing Examiner is <br /> maintaining a separate set of records that reflect all items of income and <br /> expenses of the services performed. <br /> Any and all employees of the Hearing Examiner, while engaged in the performance of <br /> any services performed under this Contract, shall be considered employees of only the <br /> Hearing Examiner and not employees of the City. The Hearing Examiner shall be solely <br /> liable for any and all claims that may or might arise under the Worker's Compensation <br /> Act on behalf of said employees or Hearing Examiner, while so engaged and for any and <br /> all claims made by a third party as a consequence of any negligent act or omission on the <br /> part of the Hearing Examiner's employees, while so engaged on any of the services <br /> performed under this Contract. <br /> Hearing Examiner Contract 2017 2 <br />