THIS IS A LEGALLY BINDING CONTRACT. DO
NOT SIGN IT UNTIL YOU HAVE READ IT AND AGREED TO FULFILL ITS OBLIGATIONS.
BALTIMORE SUN HOME DELIVERY AGENCY
__________, LOCATED AT ___________________________________________, (hereinafter referred to as “Agent”)
and the independent, self-employed delivery contractor identified in this
Agreement (hereinafter referred to as “Contractor”), mutually agree to the
following terms and conditions.
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NAME |
SOCIAL SECURITY NUMBER OR FEDERAL
TAX IDENTIFICATION NUMBER |
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ADDRESS |
CITY, STATE, ZIP CODE |
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|
BUSINESS OR HOME TELEPHONE NUMBER |
CELL PHONE NUMBER |
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DRIVERS LICENSE NUMBER |
STATE |
EXPIRATION DATE |
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VEHICLE YEAR & MAKE |
ODOMETER |
MECHANICAL CONDITION |
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VEHICLE LIABILITY INSURANCE CARRIER |
AGENT |
LICENSE PLATE & STATE |
Contractor
is a self-employed independent contractor, authorized by Agent to deliver
newspapers, advertisements and products, as mutually agreed to by the parties
either expressly in this Agreement or by written amendment, to Agent’s home
delivery subscribers. The right of the Contractor to deliver newspapers,
advertisements, and other products within the delivery area is not exclusive.
Agent
is interested only in the results to be obtained by Contractor as described in
this Agreement, and the manner and means to be used by Contractor are matters
solely within the authority and discretion of Contractor. The parties agree
that the Contractor is an independent contractor for all purposes, including
for purposes of federal income taxation. It is expressly understood, agreed,
and intended by the parties that the Contractor is not and will not be treated
by Agent as an employee. Contractor agrees to be responsible for the payment of
all federal, state, and local taxes applicable to Contractor and any of
Contractor’s subcontractors and employees. Contractor agrees to carry and pay
for individual workers compensation insurance for Contractor and any of
Contractor’s employees.
3.
Deliveries
The
designated area of delivery responsibility within which the contractor agrees
to render delivery services described in this Agreement is AGENCY
_______ as reflected
in records maintained by Agent. A map of the delivery area is available upon
request. Agent reserves the right in its sole discretion to make any changes in
the designated area at any time without prior notice to Contractor. Contractor
has no proprietary right, title, or interest in any such delivery area, whether
by claim of proprietary right, expectancy, or otherwise.
Contractor
agrees to pick up the newspapers, advertising, and products to be delivered
each day, immediately following their delivery to The Baltimore Sun
distribution facility located at ___________________________________________;
and to deliver this material in a dry, unsoiled, readable condition in a
location satisfactory to each subscriber. Contractor agrees to deliver all
daily newspapers (Monday through Friday) on or before 6:00 A.M., and weekend
newspapers (Saturday and Sunday) on or before 8:00 A.M. If requested, Contractor
agrees to label all publications for delivery with labels supplied by Agent. If
requested, Contractor agrees to deliver publications in delivery bags supplied
by Agent.
4.
Fees and Compensation
As
Contractor’s total compensation for all services to be performed pursuant to
this Agreement, Agent agrees to pay Contractor the following fees:
a. Daily deliveries: ______ cents for each delivery of a complete edition of any
Daily newspaper to a subscriber in the delivery area, regardless of the number
of parts or trips necessary to achieve delivery; and,
b. Sunday deliveries: ______ cents for each delivery of a complete edition of any Sunday
newspaper delivered by Contractor to a subscriber in the delivery area,
regardless of the number of parts or trips necessary to achieve delivery.
The
term “subscriber records” as used herein means the names, addresses, telephone
numbers, products delivered, frequency of delivery service, and special service
instructions pertaining to each subscriber serviced by Agent. Agent and
Contractor each agree to supply the other with all changes in subscriber
records on a timely basis so as to maintain such records in a current status.
Contractor agrees that all subscriber records are the property of Agent; agrees
to keep all subscriber records confidential; and agrees to return all
subscriber records in its possession to Agent upon termination of this
Agreement by either party for any reason.
Contractor
agrees to operate independently of supervision in performance of its
obligations under this Agreement to include control over operating hours, use
of subcontractors and employees, and manner of delivery, as long as the
customers’ needs are satisfied. Agent will not keep any time sheets or controls
on the hours worked by Contractor. Contractor is responsible for scheduling
his/her own time off and for training substitute contractors to deliver
newspapers in his/her delivery area during planned and unplanned absences,
vacations, and other time off.
Contractor
agrees to maintain in reliable condition any vehicles necessary to perform its
obligations under this Agreement and to ensure that all such vehicles are
insured at least to the minimum liability insurance requirements, and are
mechanically maintained to meet at least the minimum vehicle equipment safety
standards, of the jurisdiction in which the vehicles are registered. Contractor
agrees that the receipt, transportation, distribution, and delivery of all
newspapers and products supplied by Agent shall be made only in vehicles under
the control and direction of Contractor.
Contractor
understands that it is free to perform other services for other companies and
the general public as Contractor sees fit, as long as such services do not
interfere with contractual commitments to Agent. Contractor agrees that it
shall only be paid for delivery services that are actually performed. Agent
shall incur no liability to pay Contractor for non-performance of Contractor’s
obligations due to errors, sickness, holidays, vacations, or any other reason.
Contractor
agrees to facilitate prompt resolution of any complaints received from Agent’s
home delivery subscribers pertaining to Contractor’s delivery service.
Contractor agrees and understands that poor performance or non-performance of
its obligations under this Agreement may result in lost revenue and/or
termination of this Agreement. If contractor fails to satisfy any obligations
of the Agreement, then in addition to any other remedies available to Agent,
contractor shall be liable to Agent in the amount of
_________________________________________________ ($ .00)
as liquidated damages, which may immediately be assessed against contractor’s
unpaid earnings and/or performance bond.
a. Recovery of Missed Deliveries
When
a subscriber or Agent informs Contractor by 10:30 A.M. on weekdays, 12:30 P.M.
on Saturdays, and 12:30 P.M. on Sundays that the newspaper has not been
delivered, or has been delivered in an unacceptable condition (hereinafter
“missed delivery”) to any subscriber in the Contractor’s route, Contractor will
promptly deliver a copy of the newspaper to such subscriber, in a condition
which meets the subscriber’s reasonable demands. Contractor agrees to make
delivery of missed deliveries as soon thereafter as Contractor is notified of
the missed delivery, but in no instance more than sixty (60) minutes after the
Contractor is informed of the missed delivery.
b. Reimbursable Expenses Due Agent
If
the Contractor fails to make delivery of a missed delivery in accordance with
Section 10 of this Agreement and Agent makes such delivery, Contractor agrees
to pay Agent, as reimbursable expenses due Agent, the amount of ______________
dollars ($ .00) plus the retail
cost of a replacement newspaper for each missed delivery that is delivered by
Agent; in addition, Contractor shall forfeit its delivery fee for each such
missed delivery.
c. Liquidated Damages Due Agent
In
addition to the reimbursable expenses due Agent (paragraph 1.a), in any week
where The Baltimore Sun Company determines that Agent did not earn its service
quality incentive income, Contractor shall pay Agent the Contractor’s pro-rata
share of Agent’s lost income.
d. Prompt Starts
In
addition to the reimbursable expenses due Agent (paragraph 1.a), in any week
where The Baltimore Sun Company determines that Agent did not earn its prompt
start incentive income, and If the Contractor failed to make delivery of a
newly-started newspaper subscription during the week as requested in writing by
Agent or Agent’s publisher-client(s) (hereinafter, “start not started”),
Contractor agrees to pay Agent, as liquidated damages, Contractor’s pro-rata
share of Agent’s lost income.
e. Repeat Complaints
In
addition to the reimbursable expenses due Agent (paragraph 1.a), in any week
where The Baltimore Sun Company determines that Agent did not earn its repeat
complaint reduction incentive income, and If the Contractor failed to make
delivery to the same address on a second or subsequent day within sixty (60)
days of a previous missed delivery (hereinafter, “repeat complaint”),
Contractor agrees to pay Agent, as liquidated damages, Contractor’s pro-rata
share of Agent’s lost income.
Agent
may terminate this contract for cause immediately, at its sole discretion.
Either Party may terminate this Agreement by serving upon the other Party a
written notice of its intention at least ________________________ ( ) calendar days before the date upon
which the termination is effective.
This
Independent Contractor Distributor Agreement supersedes any and all prior
contractual Agreements for delivery services to subscribers and nonsubscribers,
written and oral, between Contractor and Agent, which prior Agreements, if any,
are hereby terminated. Agent and Contractor agree that no oral changes to this
Agreement shall be considered as binding on either party. Any changes to this
Agreement will be prepared in writing to amend this current Agreement. AGREED:
AGENT:
__________________________________________________ Date: ______________________
CONTRACTOR:
____________________________________________ Date:
______________________
ACKNOWLEGEMENT OF RECEIPT
I HEREBY ACKNOWLEGE THAT I HAVE
RECEIVED A COMPLETE SIGNED COPY OF THIS CONTRACT.
__________________________________________________________ DATE: ______________________
CONTRACTOR