Common use of INDEPENDENT CONTRACTOR STATUS; RESPONSIBILITY FOR TAXES AND WITHHOLDING Clause in Contracts

INDEPENDENT CONTRACTOR STATUS; RESPONSIBILITY FOR TAXES AND WITHHOLDING. 10.1 Contractor shall provide all Goods as an independent contractor. Although OPRD has the right (i) to determine and modify the delivery schedule for the Goods to be provided and (ii) to evaluate the quality of the completed performance, OPRD cannot and will not control the means or manner of Contractor's performance. Contractor is responsible for determining the appropriate means and manner of Contractor’s performance under this Contract. Contractor certifies, represents and warrants that Contractor is an independent contractor of OPRD under all applicable State and federal law. Contractor is not an "officer", "employee", or "agent" as those terms are used in ORS 30.265 of State or OPRD. Neither party shall make any statements, representations, nor commitments of any kind or to take any action binding on the other except as provided for herein or authorized in writing by the party to be bound. 10.2 If Contractor is currently performing work for State or the federal government, Contractor by signature to this Contract or acceptance of an electronic ordering device, represents and warrants: Contractor's performance of this Contract creates no potential or actual conflict of interest as defined by ORS 244 and that no rules or regulations of Contractor's employing agency (state or federal) would prohibit Contractor's performance of this Contract. 10.3 Contractor is responsible for all federal and state taxes applicable to compensation or payments paid to Contractor under this Contract, and OPRD will not withhold from compensation or payments to Contractor any amount(s) to cover Contractor's federal or state tax obligations unless Contractor is subject to backup withholding. Contractor is not eligible for any social security, unemployment insurance or workers' compensation benefits from compensation or payments paid to Contractor under this Contract. 10.4 If Contractor is a nonresident alien as defined in 26 USC § 7701(b)(1)(B), then Contractor shall, upon execution of this Contract, deliver to OPRD a completed and signed W-8 form,8233 form, or W-9 form, as applicable, from the Internal Revenue Service (“IRS”), as evidence that OPRD is not required by 26 USC 1441 to withhold part of Contractor's payment. Such forms are currently available at xxxx://xxx.xxx.xxx. OPRD may withhold payments to Contractor pending OPRD's receipt from Contractor of the applicable, completed and signed form. If OPRD does not receive the applicable, completed and signed form from Contractor, or if the IRS provides notice to OPRD that Contractor's information on the form provided is incorrect, OPRD will withhold as federal income tax 30% of all amounts OPRD owes to Contractor under this Contract.

INDEPENDENT CONTRACTOR STATUS; RESPONSIBILITY FOR TAXES AND WITHHOLDING. 10.1 i. Contractor shall provide act at all Goods times and perform all Services as an independent contractorContractor and not as an agent or employee of Agency. Contractor has no right or authority to incur or create any obligation for or legally bind Agency in any way. Although OPRD has Agency reserves the right to (ia) to determine and modify the delivery schedule for the Goods Services to be provided performed and (iib) to evaluate the quality of the completed performance, OPRD Agency cannot and will not control the means or manner by which Contractor performs the Services, except to the extent the means and manner in which the Services are to be provided is specifically set forth in the Statement of Contractor's performanceWork. Contractor is responsible for determining the appropriate means and manner of Contractor’s performance performing any Services required under this Contract. Contractor certifies, represents acknowledges and warrants agrees that Contractor is an independent contractor of OPRD under all applicable State and federal law. Contractor is not an "officer", "employee", or "agent" of Agency (or any other agency, office, or department of the State of Oregon), as those terms are used in ORS 30.265 of State or OPRD30.265, and shall not make representations to third parties to the contrary. Neither party shall make any statements, representations, nor commitments of any kind or to take any action binding on the other except as provided for herein or authorized in writing by the party to be bound. 10.2 ii. If Contractor is currently performing work for State or the federal government, Contractor by signature to this Contract or acceptance of an electronic ordering device, represents and warrants: Contractor's performance of this Contract creates no potential or actual conflict of interest as defined by ORS 244 and that no rules or regulations of Contractor's employing agency (state or federal) would prohibit Contractor's performance of this Contract. 10.3 iii. Contractor is responsible for all federal and state taxes applicable to compensation or payments paid to Contractor under this Contract, and OPRD unless required by prevailing federal law or regulations, Agency will not withhold from compensation or payments to Contractor any amount(s) to cover Contractor's federal or state tax obligations unless Contractor is subject to backup withholding. Contractor is not eligible for any social security, unemployment insurance or workers' compensation benefits from compensation or payments paid to Contractor under this Contract. 10.4 If Contractor is a nonresident alien as defined in 26 USC § 7701(b)(1)(B), then Contractor shall, upon execution of this Contract, deliver to OPRD a completed and signed W-8 form,8233 form, or W-9 form, as applicable, from the Internal Revenue Service (“IRS”), as evidence that OPRD is not required by 26 USC 1441 to withhold part of Contractor's payment. Such forms are currently available at xxxx://xxx.xxx.xxx. OPRD may withhold payments to Contractor pending OPRD's receipt from Contractor of the applicable, completed and signed form. If OPRD does not receive the applicable, completed and signed form from Contractor, or if the IRS provides notice to OPRD that Contractor's information on the form provided is incorrect, OPRD will withhold as federal income tax 30% of all amounts OPRD owes to Contractor under this Contract.