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indemnify and defend the City from and against any claims, valid or otherwise, made <br /> against the City because of these obligations. <br /> In addition to the other requirements of this Section 2, if the Hearing Examiner Pro Tern <br /> is a sole proprietor, the Hearing Examiner Pro Tem agrees that the Hearing Examiner Pro <br /> Tern is not an employee or worker of the City under Chapter 51 of the Revised Code of <br /> Washington, Industrial Insurance for the service performed in accordance with this <br /> Contract, by certifying to the following: <br /> (1) The Hearing Examiner Pro Tem is free from control or direction over the <br /> performance of the service; and <br /> (2) With the exception of holding hearings at City facilities, the service <br /> performed is outside the usual course of business for the City, or will not <br /> be performed at any place of business of the City, or the Hearing <br /> Examiner Pro Tern is responsible for the costs of the principal place of <br /> business from which the service is performed; and <br /> (3) The Hearing Examiner Pro Tern is customarily engaged in an <br /> independently established business of the same nature as the service <br /> performed, or has a principal place of business for the service performed <br /> that is eligible for a business deduction for federal income tax purposes; <br /> and <br /> (4) On the effective date of this Contract, the Hearing Examiner Pro Tern is <br /> responsible for filing a schedule of expenses, for the next applicable filing <br /> period, with the internal revenue service for the type of service performed; <br /> and <br /> (5) By the effective date of this Contract or within a reasonable time <br /> thereafter, the Hearing Examiner Pro Tern has established an account with <br /> the 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 Pro Tern 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 Pro Tern, while engaged in the <br /> performance of any services performed under this Contract, shall be considered <br /> employees of only the Hearing Examiner Pro Tern and not employees of the City. The <br /> Hearing Examiner Pro Tem shall be solely liable for any and all claims that may or might <br /> arise under the Worker's Compensation Act on behalf of said employees or Hearing <br /> Examiner Pro Tern, while so engaged and for any and all claims made by a third party as <br /> Hearing Examiner Pro Tern Contract 2018 2 <br />