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2 <br /> Hearing Examiner 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 assumes full responsibility for the payment of all payroll taxes, <br /> use, sales,income,or other form of taxes(such as state and,city business and occupation <br /> taxes),fees,licenses, excises or payments required by any city,federal or state legislation <br /> which are now or may during the term of the Contract be enacted as to all persons <br /> employed by the Hearing Examiner and as to all duties,activities and requirements by the <br /> Hearing Examiner for services performed under this Contract and Hearing Examiner <br /> shall assume exclusive liability therefore, and meet all requirements thereunder pursuant <br /> to any rules or regulations that are now or may be promulgated in connection therewith. <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. Ownership of Work Products. The City shall keep the official record in each Hearing <br /> Examiner matter and all primary copies of exhibits. The Hearing Examiner shall possess <br /> only secondary,working copies of all data,materials,reports,memoranda and any other <br /> documents or recordings developed under this Agreement. All completed decisions shall <br /> become the property of the City. The City agrees that if it uses the decisions of the <br /> Hearing Examiner for purposes unrelated to the subject matter for which the decision was <br /> prepared,it does so at its sole risk. <br /> 5. The services of the Hearing Examiner pursuant to this Contract are to commence on <br /> August 1,2017,and expire not later than four(4)years following this date. At such time <br /> services are provided pursuant to this Contract,all prior contracts between the Hearing <br /> Examiner and the City for the same services are hereby superseded. <br /> 6. 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 EMC 2.23.050 (as amended). <br /> 7. Compensation for the Hearing Examiner for the services pursuant to this Contract shall <br /> be a retainer fee of Six Thousand Dollars($6,000)per month. <br /> Hearing Examiner Contract 2017 4 3 <br />