Independent Contractor Agreement (Page 6 of 16) in pdf

R ELA TION SHIP OF THE PA R TIES

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6.1

This Agreement is between two co

equal, independent business enterprises that are

separately owned and operated. The parties intend this Agreement to create the relationship of

principal and independent contractor and not that of employer and employee. The parties are not

employees, agents, joint venturers or partners of each other for any purpose, including but not limited

to the Federal Insurance Contributions Act ("FICA"), the Social Security Act, the Federal Unemployment

Tax Act ("FUTA"), income tax withholding requirements, state personal income tax withholding, state

unemployment taxes, state disability insurance and all other federal, state and local laws, rules and

regulations.

6.2

None of the provisions of this Agreement shall be interpreted as creating the

relationship of employer and employee between Subcontractor and Contractor or between

Subcontractor and Contractor’s customer at any time, under any circumstances or for any purpose.

Neither party shall have the right to bind the other by contract or otherwise except as specifically

provided in this Agreement.

6.3

Contractor shall have no right to, and shall not, control the manner or prescribe the

method of accomplishing those services which shall be contracted to, and performed by, Subcontractor

pursuant to this Agreement, and the general public and all governmental agencies regulating such

activities shall be so informed. Those provisions of the Agreement reserving ultimate authority in

Contractor or its customer have been inserted solely to achieve compliance with federal, state, or local

laws, regulations, and interpretations thereof, including the leasing regulations.

6.4

Contractor shall report all settlement payments made to Subcontractor on a calendar

year basis using IRS Form 1099, which Contractor may issue directly or through a third party

administrator selected for such purpose. Subcontractor agrees to report all such payments to the

appropriate federal, state and local taxing authorities. Upon execution of this Agreement,

Subcontractor shall provide Contractor with Subcontractor’s business license number, if any, and

Contractor’s federal employer identification number.

SUBCONTRACTOR’S EXPENSES

7.1

Subcontractor shall be responsible for, and shall pay, all costs and expenses of doing

business, including, but not limited to: tolls, fuel, oil, tires, repairs, garaging, parking and maintenance of

vehicle(s) and other equipment, as well as, office overhead, salaries/wages/compensation for

employees and subcontractors, taxes and any other business expenses that may be required to perform

the services covered by this Agreement.

7.2

The parties agree, and Subcontractor hereby explicitly acknowledges, that the delivery

fees paid to Subcontractor pursuant to this Agreement shall constitute the entire amount to be paid to

Subcontractor for the contracted delivery services. As such, Subcontractor acknowledges the fees are

intended to cover both Subcontractor’s labor costs and business expenses.

I N S U R A N C E

8.1

Subcontractor agrees to maintain, throughout the life of this Agreement and for so long

as services are furnished to Contractor, insurance of the types and in the amounts specified in this

Agreement. All required insurance policies must be issued by an insurance company authorized to do

Independent Contractor Agreement Page 6

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