Docstoc

Carrier

Document Sample
Carrier Powered By Docstoc
					                                   INDEPENDENT CONTRACTOR AGREEMENT

                                                  ADULT CARRIERS
                                          (Negotiated Per Piece Rate Agreement)

THIS INDEPENDENT CONTRACTOR AGREEMENT (“Agreement”), made and entered into this day of
                                   (the “Effective Date”), by and between GateHouse Media Kansas Holdings, Inc. d/b/a
Leavenworth Times, having an office at 422 Seneca St.; Leavenworth, KS 66048 (the “Company”) and
                                              having an address at
(“Carrier”) for delivery of :           Chronicle Shopper
                                        Chronicle Shopper / Lansing Times combination
                                        Fort Leavenworth Lamp
and advertisements, inserts, product samples, other newspapers or any other products that Company supplies (referred to
herein as the “Product” or “Products”). In consideration of the mutual agreements and covenants herein contained, the
parties hereto agree as follows:


1.   INDEPENDENT CONTRACTOR

a. Relationship. This Agreement shall not render Carrier an employee, partner or joint venturer with the Company for
any purpose. CARRIER IS AND WILL REMAIN AN INDEPENDENT CONTRACTOR IN HIS/HER
RELATIONSHIP TO THE COMPANY. The Carrier shall be free to determine his/her own means and manner of
providing such services, using his/her own independent and professional judgment. The Company shall not exercise or
retain right to control, direct or supervise the manner in which the Carrier performs his/her services for the Company
except as specified herein. This is not a personal services agreement. Carrier has the right to hire employees of his/her
choosing and to contract with others to fulfill the Carrier’s obligations under this Agreement. Employees, independent
contractors and agents of Carrier shall be employees, agents or independent contractors of Carrier only, and shall not be
deemed employees, agents or independent contractors of the Company. Carrier is, and shall remain, free to work or
perform services for any other person or company. Carrier will not have any authority to bind the Company or any
subsidiary of the Company in any manner.

b. Taxes. Carrier and the Company agree that the Company will treat Carrier as an independent contractor and a direct
seller and not as an employee under all applicable laws for federal, state, and local tax purposes, including, but not limited
to, 26 U.S.C. §3508. As required by law, Carrier will be provided IRS Form 1099 for tax purposes and Carrier agrees that
he/she is responsible for the payment of all taxes. No taxes of any type will be withheld from contract fees due Carrier.
Carrier will be solely responsible to pay any and all state and/or federal income, social security and unemployment taxes
for Carrier and his/her employees. Carrier agrees to pay any unemployment taxes due on the earnings of employees of
Carrier.

c. Benefits. Carrier shall have no claim against the Company hereunder or otherwise for vacation pay, sick or personal
leave, retirement benefits, social security, workers’ compensation, health or disability benefits, unemployment insurance
benefits, or employee benefits of any kind. Carrier agrees, as an independent contractor, that neither Carrier nor Carrier’s
agents, subcontractors, or employees are eligible for unemployment benefits from the Company in the event this
Agreement ends for any reason.

d. Insurance. Carrier agrees to maintain in force for the duration of this Agreement any and all required liability
insurance in amounts required by the law of the state in which Carrier is rendering services to the Company, including,
but not limited to, automobile insurance on vehicles used or designated by Carrier or his/her agents, subcontractors or
employees to receive, transport, distribute or deliver the Products furnished by the Company under this Agreement.
Insurance under this Subsection 1(d) shall cover property damage, bodily injury and death. Carrier will be required to
supply evidence of automobile insurance coverage upon the request of the Company.
e. Permits. Carrier shall acquire, from the appropriate governmental agency, all permits, licenses and the like necessary
to perform Carrier’s obligations under this Agreement and Carrier will ensure that such permits, licenses and the like
remain in force during the term of this Agreement. Carrier will be required to supply copies of permits and/or licenses
upon the request of the Company.

f. Expenses. Carrier agrees that all expenses incurred by Carrier in the performance of this Agreement are the
responsibility of Carrier, and agrees that none of these expenses are the Company’s responsibility.


2.   DELIVERY OF THE PRODUCT

a. Vehicle / Delivery Method. Carrier is able to use any manner and means to deliver the Product. Carrier agrees to
maintain in reliable condition any vehicles necessary to perform its obligations under this Agreement and to ensure that all
such vehicles meet requirements required by state law, and are mechanically maintained to meet at least the minimum
vehicle equipment safety standards of the jurisdiction in which the vehicles are registered.

b. Delivery Area. The agreed-upon residential and other route designations for Carrier to deliver the Product are
attached hereto as Exhibit A (the “Delivery Area”). The Company reserves the right, in its sole discretion, to propose
changes to the Delivery Area at any time. If the parties cannot reach agreement on such changes within thirty (30) days,
this Agreement will terminate. A map of the Delivery Area is available from the Company upon request. Carrier
understands that there is no guaranteed minimum or maximum size of the Delivery Area, and that Carrier has no
proprietary right, title or interest in any such Delivery Area, whether by claim of proprietary right, expectancy or
otherwise.

c. Product Pickup. Carrier agrees to take delivery of the Product from the Company at its place of business by 9:00am
or such other location as may be mutually agreed upon from time to time, in writing, by Carrier and the Company. Carrier
agrees to pick up the Product in sufficient time to meet the delivery deadlines outlined below:

     Chronicle Shopper            Delivered by 6pm on the same day (Tuesdays) that the product is picked up.
     CS / Lansing Times combo Delivered by 6pm on the same day (Wednesday) that the product is picked up.
     Fort Leavenworth Lamp        Delivered by 12pm on the same day (Thursday) that the product is picked up.

Delivery times may be changed by the Company in the case of a holiday or an emergency, and Carrier will be notified
ahead of time so that alternate arrangements can be made. If Carrier discovers that he/she has an excessive amount or
shortage of the Product, Carrier must call the office to make arrangements for delivery of the shortage or pick up of the
surplus before delivery.

d. Product Delivery. The Company will provide a route map, & all residential & business locations within the territory
indicated on the route map are to receive the Product (the “Addresses”) and will notify Carrier of any addresses
requesting “No Delivery” of the Product. Carrier agrees to ensure delivery of the Product to every occupied Address
within the Delivery Area. A “Start or Stop” notice will be given to the Carrier as these Addresses are identified. Should
Carrier deliver to an Address after this notification, Carrier does so at his/her own risk of violation of any local
ordinances, and Carrier will be responsible for any fines or penalties assessed. A repeat violation of delivery to an
address on the “Do Not Deliver” (DND) list will result in immediate termination of the agreement.

e. Acceptable Delivery Standards. Carrier acknowledges that a newspaper is a unique time-sensitive product and that
both Carrier and the Company have a legitimate interest in timely delivery of the Product to the Addresses. Carrier agrees
to deliver the Product in a dry, unsoiled and readable condition, and to cover the Product with a protective wrap, if
necessary, in Carrier’s judgment. Carrier agrees to deliver the Product with all the Company designated advertisements
inserted into the Product. Carrier agrees not to stamp upon, insert into or attach to copies of the Product or bundles of the
Product, any advertising or other matter which is not furnished to Carrier by the Company, except with the prior written
agreement of the Company; nor shall Carrier insert copies of newspapers within any imprinted wrapping, covering or
container that has not been approved by the Company. This provision does not preclude Carrier from delivering other
materials to subscribers that are not attached to or inserted within the Product.


                                                             2
f. Missing Product. Carrier agrees to make every reasonable effort to deliver any missing Product requests that are
called in for the Carrier’s Delivery Area within one (2) hours after Carrier is informed of the missing Product. After
receiving any such calls and identifying the responsible route, the Circulation Department may call Carrier and inform
him/her of the location, and Carrier may be assessed a $1.00 delivery fee per missed address. Repeat violations may, in
the sole discretion of the Company, result in the termination of this Agreement.

g. Failure to Deliver. If Carrier is unable to meet the deadline for delivery of the Product, Carrier agrees to notify the
Circulation Department immediately and inform them of the reason and a determination of what needs to be done will be
made by the Company at that time. If the Product is not delivered by the deadline and the Circulation Department has not
been notified by Carrier, this Agreement may be terminated by the Company.

h. Return of Product. It is understood that if Carrier or any of Carrier’s agents, subcontractors or employees dump or
dispose of the Product, extra Product, non-delivered Product, old Product, or any advertising materials or inserts, instead
of returning said items to the Company, then Carrier or any of Carrier’s agents, subcontractors or employees may be
prosecuted according to any governing laws or ordinances and this Agreement may be terminated.


3.   CUSTOMER COMPLAINTS

Carrier acknowledges that the intended result of this Agreement is to maintain and increase the number of the Product
delivered in Carrier’s Delivery Area. To this end, Carrier agrees to use his/her best efforts to maintain and increase the
number of subscribers in Carrier’s Delivery Area and agrees to promptly respond to any customer complaints as specified
in this section. Carrier agrees to meet or exceed the following minimum performance standards regarding complaints:

a.   Carrier shall not allow more than one (1) complaint per five hundred (500) Products delivered; and

b.   Carrier should rectify any service errors as soon as possible to avoid repeat complaints from customers.

In the event Carrier fails to meet the minimum performance standards as set forth in this paragraph, the Company will
notify Carrier of such deficiencies, and Carrier will have an opportunity to correct the noted deficiencies within a
reasonable period of time as determined by the Company. If Carrier fails to correct the deficiencies within a reasonable
period of time as determined by the Company, the Company may immediately terminate this Agreement without further
notice.


4.   FEES AND COMPENSATION

Carrier agrees that payment shall only be for delivery services that are actually performed, and that Carrier must finish
delivery of the entire Delivery Area to be eligible to be compensated. The Company reserves the right to deny
compensation if Carrier does not deliver received Product to all Addresses. As Carrier’s total compensation for all
services to be performed pursuant to this Agreement, the Company agrees to compensate Carrier for delivery of the
Product at a rate of:

     Chronicle Shopper                 ($             ) per Delivery
     CS / Lansing Times combo          ($             ) per Delivery
     Fort Leavenworth Lamp             ($             ) per Delivery

Carrier will be compensated on the second Tuesday of the month for the previous period’s deliveries. The Company
reserves the right to change the compensation schedule upon thirty (30) days prior written notice to the Carrier, and
Carrier will be notified in writing by the Company in advance if this occurs. In the event Carrier loses his/her
compensation check, Carrier may be held responsible for the bank’s stop payment fee, and Carrier’s check will be reduced
by this amount before the substitute check is reissued.



                                                             3
5.   BOND

______ Completion/surety bond (“Bond”) will not be collected from Carrier.
______ Bond will be collected from Carrier as follows:
______ (a) Bonding Company – non-refundable amount of $______ will be paid to a bonding company by Carrier
                                                 Paragraph 5
through deductions each billing period. The amount of the Bond does not limit Carrier’s obligations under this
Agreement.                               Not applicable to delivery
                                               of to be product.
______ (b) Refundable Bond amount of $ ____ this paid to the Company. $_____ will be collected from Carrier each
billing period until the total amount of the Bond is collected. The Bond is not interest bearing and will not be segregated
by the Company in a separate account. The Bond amount, less any amounts the Company is entitled to deduct under this
Agreement, will be refunded to Carrier within thirty (30) days after the expiration, termination or any renewals of this
Agreement and satisfactory compliance with the terms of the Agreement. The amount of the Bond does not limit
Carrier’s obligations under this Agreement.


6.   SUBCONTRACTING.

It is Carrier’s responsibility to find a qualified substitute for his/her Delivery Area at any time Carrier is unable to, or
elects not to, deliver the Product, and it is the sole responsibility of Carrier to compensate any agents, sub-contractors or
employees Carrier uses for delivery of the Product.


7.   TERM AND TERMINATION.

The term of this Agreement (the “Term”) shall be for a period of twelve (12) months commencing on the Effective Date.
The Agreement shall expire on (one year from current date), unless terminated earlier for any of the reasons set forth in
this Agreement. At its sole discretion, the Company may elect to immediately terminate this Agreement in the event (a)
Carrier breaches any of the terms or provisions of this Agreement or commits any act of deceit or dishonesty in
connection with providing services hereunder; (b) violates any federal, state or local law, rule or regulation relating to or
affecting this Agreement; or (c) if, in the opinion of the Company, Carrier commits an act or does anything which reflects
unfavorably on the Company. This Agreement may be terminated by either party, without cause, by providing thirty (30)
days advance written notice to the other party, it being understood that the subsequent occurrence of either (a), (b) or (c)
above shall immediately serve to terminate such thirty (30) day period.


8.   CONFIDENTIALITY.

Carrier hereby covenants, warrants and represents that Carrier will keep confidential, both during the Term of the
Agreement and forever after its termination, all information obtained from the Company with respect to all trade secrets,
proprietary matters, business procedures, customer lists, needs of customers and all matters which are competitive and
confidential in nature, and will not disclose this information to any person, firm, corporation or other entity for any
purpose or reason whatsoever. The Company shall be entitled to an injunction restraining Carrier from disclosing this
information in the event of a breach or threatened breach of the provisions of this paragraph without having to post bond
or show actual damages.




                                                             4
9.   LIABILITY.

Carrier shall be responsible for all injuries to persons and for all damages to real or personal property to the Company or
others, caused by or resulting from the negligence of itself, its employees, or its agents during the progress of or connected
with the rendition of services hereunder. Carrier shall indemnify and hold harmless the Company and its affiliates, and all
their respective officers, directors and employees from and against any and all liability, claims, costs (including
reasonable attorney’s fees), damages, expenses and causes of action for damages to real or personal property, or personal
injury to any person(s) resulting, in whole or in part, from the negligence of Carrier, its employees or its agents; or for any
breach of any obligations, duties or covenants of Carrier under this Agreement or transactions related to it; or from any
service of Carrier hereunder. The Company agrees to indemnify and hold Carrier harmless from and against any
liabilities, claims, costs and expenses whatsoever arising out of or in connection with the Company’s performance or
failure to perform with respect to this Agreement. Carrier understands that he/she is solely responsible for
obtaining/maintaining his/her own insurance coverage hereunder. Notwithstanding anything in this Agreement to the
contrary, in no event shall the Company or Carrier, their respective affiliates or any of their respective directors, officers,
employees, agents or subcontractors, be liable under any theory of tort, contract, strict liability or other legal theory for
lost profits, lost revenues, lost business opportunities, exemplary, punitive, special, incidental, indirect or consequential
damages, regardless of whether the damages were foreseeable or whether any party has been advised of the possibility of
the damages.


10. MODIFICATION.

This Agreement may not be modified except by amendment reduced to writing and signed by both the Company and
Carrier. No waiver of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach
thereof.


11. ENTIRE AGREEMENT.

This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein
and supersedes all prior discussions between the parties. No modification of or amendment to this Agreement, nor any
waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged. Any
subsequent change or changes in Carrier’s services will not affect the validity or scope of this Agreement.


12. MISCELLANEOUS.

a. Waiver. No waiver of any default of the Company or Carrier hereunder shall be implied from any omission to take
any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default
other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or
more waivers by the Company or Carrier shall not be construed as a waiver of a subsequent breach of the same covenant,
term or condition.

b. Governing Law. This Agreement shall be governed by and construed in accordance with the laws
of the state in which the services of Carrier are rendered.

c. Severability. Any provision of this Agreement which is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without
invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not
invalidate or render unenforceable such provision in any other jurisdiction.




                                                              5
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.


COMPANY

GATEHOUSE MEDIA KANSAS HOLDINGS, INC. d/b/a LEAVENWORTH TIMES


By:


Title:


Printed Name:


CARRIER



Signature of Carrier



Printed Name of Carrier


By his/her signature above, Carrier acknowledges and warrants that prior to signing, he/she has read this Agreement in
its entirety and was afforded the opportunity to have the contract reviewed by legal counsel. Specifically, Carrier
understands that this contractual relationship is an independent contractor relationship and that Company does not
provide health, liability or accident insurance, workers’ compensation, or contributions toward social security or
unemployment compensation benefits. Carrier understands it is his/her sole responsibility to file a Schedule C and report
and pay income and self-employment tax upon all income resulting from the services rendered under this Agreement.

Carrier also acknowledges that this Agreement is negotiable, including the Fees herein. Carrier further certifies that the
drivers license and automobile insurance information provided to the Company is true and correct; that such license and
insurance will be in good standing and in full force and effect as of the effective date of this Agreement and will remain in
full force and effect for the entire term of this Agreement. Carrier acknowledges and agrees that the Company may rely
upon this certification.

By his/her signature above, Carrier acknowledges that he/she can read the English language and understands this
Agreement.




                                                             6
                                         CARRIER INFORMATION

NAME:

ADDRESS:

TELEPHONE # (_________) _________________________________

DATE OF BIRTH: ___________________________SOCIAL SECURITY # _______-______-_________

DRIVERS LICENSE # __________________________________EXPIRATION DATE: ____________

AUTO INSURANCE COMPANY ___________________________________EXPIRATION DATE: ___________

CARRIER SIGNATURE _________________________________________________________


GateHouse Media Kansas Holdings, Inc. d/b/a Leavenworth Times
422 Seneca St.; Leavenworth, Ks 66048; 913-682-0305



By:
      Circulation Manager                                       Print




                       MUST HAVE COPY OF VALID DRIVERS LICENSE, SIGNED W-9
                               AND PROOF OF VEHICLE INSURANCE.




                                                     7
          EXHIBIT A

        DELIVERY AREA



Route    Current # of Papers (subject to change)




             8
       EXHIBIT B

PRODUCT(S) – FEE SCHEDULE




          9

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:16
posted:9/26/2012
language:Unknown
pages:9