STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor. 6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations. 6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he shall be a member to assist contractor in carrying out the responsibilities herein. 6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county. 6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law. 6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose. 6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance. 6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029. 6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request. 6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year. 6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply): 6.8.2. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3.
Appears in 5 contracts
Samples: Personal Services Agreement, Personal Services Agreement, Personal Services Agreement
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.26.8.1. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is 6.8.2. 6.8.3.
6.8.5. in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3factors such as: Contractor enters into fixed price contracts; contractor is required to correct defective work; contractor warrants the services provided; or contractor negotiates indemnification agreements or purchases liability insurance, performance bonds or errors and omissions insurance. Contractor provides contracted services for two (2) or more different persons within a twelve (12) month period, or contractor routinely engages in business advertising solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services. Contractor makes a significant investment in the business, through means such as: purchasing tools or equipment necessary to provide the services; paying for the premises or facilities where the services are provided; or paying for licenses, certificates or specialized training required to provide the services. Contractor has the authority to hire other persons to provide or to assist in providing the services and has the authority to fire those persons.
Appears in 4 contracts
Samples: Personal Services Agreement, Personal Services Agreement, Personal Services Agreement
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.2. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3.
Appears in 2 contracts
Samples: Personal Services Agreement, Personal Services Agreement
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he contractor shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.26.8.1. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business.
6.8.2. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3.
Appears in 2 contracts
Samples: Professional Services, Professional Services
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.1. _WEW
6.8.2. _WEW Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3. _WEW 6.8.4. _WEW
6.8.5. _WEW factors such as: Contractor enters into fixed price contracts; contractor is required to correct defective work; contractor warrants the services provided; or contractor negotiates indemnification agreements or purchases liability insurance, performance bonds or errors and omissions insurance. Contractor provides contracted services for two (2) or more different persons within a twelve (12) month period, or contractor routinely engages in business advertising solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services. Contractor makes a significant investment in the business, through means such as: purchasing tools or equipment necessary to provide the services; paying for the premises or facilities where the services are provided; or paying for licenses, certificates or specialized training required to provide the services. Contractor has the authority to hire other persons to provide or to assist in providing the services and has the authority to fire those persons.
Appears in 1 contract
Samples: Personal Services Agreement
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.78.1. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returnsNotices shall be deemed given when:
8.1.1. Personally delivered, if contractor provided consulting services as an independent contractor during the previous calendar year.or
6.88.1.2. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three Three (3) of the following apply to contractor's business (initial those that apply):
6.8.2. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is days after deposit in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related United States certified mail, postage prepaid, addressed to the business or the provision of services other party at their last known address.
8.2. Notices, bills and payments sent by mail should be addressed as shown by 6.8.3.follows: COUNTY: Tillamook County Attn: Xxxxxxx Xxxxxx PO Box 489 Tillamook, Oregon 97141 000-000-0000 xxxxxxx@xx.xxxxxxxxx.xx.xx CONTRACTOR: SOLID GROUND CONSULTING Xxxx Xxxxxx 0000 X Xxxxxxx Xxx Portland, Oregon 97239 000-000-0000 xxxx@xxxxxxxxxxxxxxxxxxxxx.xxx
Appears in 1 contract
Samples: Personal Services Agreement
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he contractor shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.26.8.1. _RLS Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3.the
Appears in 1 contract
Samples: Professional Services
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county, which shall not be unreasonably withheld; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.26.8.1. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business.
6.8.2. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3.
Appears in 1 contract
Samples: Professional Services Agreement
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-self- employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with countyCounty's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor he has filed federal and state income tax returns returns
(a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor he is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.2. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3.
Appears in 1 contract
Samples: Professional Services
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returnsbusiness
8.1. Notices shall be deemed given when:
8.1.1. Personally delivered, if contractor provided consulting services as an independent contractor during the previous calendar year.or
6.88.1.2. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three Three (3) of the following apply to contractor's business (initial those that apply):
6.8.2. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is days after deposit in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related United States certified mail, postage prepaid, addressed to the business or the provision of services other party at their last known address.
8.2. Notices, bills and payments sent by mail should be addressed as shown by 6.8.3.follows: COUNTY: Tillamook County Attn: Xxxxxxx Xxxxxx PO Box 489 Tillamook, Oregon 97141 (000) 000-0000 xxxxxxx@xx.xxxxxxxxx.xx.xx Xxxxxx Xxxxxx 0000 XX Xxxxxxxxxx Xxxxxxx Xxxxxxxxx, Xxxxxx 00000 (000) 000-0000 xxxxxx@xxxxxxxxxxxxxx.xxx
Appears in 1 contract
Samples: Personal Services Agreement
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he contractor shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.1. _CJ 6.8.2. _CJ 6.8.3. 6.8.4. _CJ
6.8.5. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3factors such as: Contractor enters into fixed price contracts; contractor is required to correct defective work; contractor warrants the services provided; or contractor negotiates indemnification agreements or purchases liability insurance, performance bonds or errors and omissions insurance. Contractor provides contracted services for two (2) or more different persons within a twelve (12) month period, or contractor routinely engages in business advertising solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services. Contractor makes a significant investment in the business, through means such as: purchasing tools or equipment necessary to provide the services; paying for the premises or facilities where the services are provided; or paying for licenses, certificates or specialized training required to provide the services. Contractor has the authority to hire other persons to provide or to assist in providing the services and has the authority to fire those persons.
Appears in 1 contract
Samples: Professional Services
STATUS OF CONTRACTOR. The parties intend that contractorContractor, in performing the services Contractor Services specified in this agreementAgreement, shall act as an independent contractor.
6.1. The compensation provided herein constitutes payment in full for all Contractor Services provided pursuant to this Agreement. No member of LLC Dental Staff or other Contractor employee or contractor, if any, shall be exclusive and county shall neither pay nor provide contractor with any fringe benefitsentitled to the provision or payment by County of salaries, wages or other benefits of employment, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county County to contractor Contractor or to any of its employees, contractors or agents for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of countyin connection with County's payment of compensation hereunder to contractorContractor and Contractor’s payment of compensation to its employees and contracted staff. County will report the total amount of all payments to contractorContractor, including any expenseexpenses, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement Agreement is personal as to contractor Contractor and contractor Contractor may not subcontract any portion of the services Contractor Services to be performed hereunder without the prior written approval of countyCounty; provided nothing herein shall prohibit any other consultants employed by contractor Contractor or in a firm of which he shall be a member to assist contractor Contractor in carrying out the responsibilities herein.
6.3. This agreement Agreement is not a contract of employment. The parties intend that contractorContractor, in performing the services Contractor Services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein Contractor Services and county the responsibility to exercise independent professional judgment in providing Contractor Services, and County shall not interfere with, control or direct the manner or method in which such services Contractor Services are performed; provided, county County shall direct contractor Contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's servicesContractor Services and/or any requirements with which a federally qualified health center must comply. Except as otherwise may be expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor Contractor shall not be considered an agent of countyCounty.
6.4. Contractor represents and warrants that it shall be responsible for and has obtained or shall obtain obtain, and maintain shall throughout the term of this Agreement maintain, all necessary professional licenses and professional liability insurance, as required by lawlaw and as may be further identified in any exhibit or attachment to this Agreement.
6.5. In the event contractorContractor's labor or services Contractor Services shall be performed by contractor’s its employees, such employees shall be and at all times remain the employees of contractorContractor, under the contractorContractor's sole and exclusive control control, and shall not be deemed employees of county County for any purpose.
6.6. Contractor is an independent contractor of County for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any responsible to obtain Workers’ Compensation coverage under this agreementAgreement. If contractor Contractor has the assistance of other persons in the performance of this agreementAgreement, contractor Contractor shall qualify and remain qualified for the term of the agreement Agreement as an insured employer under ORS 656.407. If contractor Contractor performs this agreement Agreement without the assistance of any other persons, contractor Contractor shall execute a Joint Declaration with countyCounty's Workers’ Compensation carrier absolving county County of any and all liability as provided in under ORS 656.029.
6.6.2. If contractor Contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor Contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at countyCounty's request.
6.7. Contractor represents that contractor he has filed federal and state income tax returns returns
(a) in contractor’s his business name or (b) on a business Schedule C as part of contractor’s his personal income tax returns, if contractor Contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor he is customarily engaged in an independently established business. To that end, contractor Contractor represents that at least three (3) of the following apply to contractorContractor's business (initial those that apply):
6.8.26.8.3. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractorContractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3factors such as: Contractor enters into fixed price contracts; Contractor is required to correct defective work; Contractor warrants the services provided; or Contractor negotiates indemnification agreements or purchases liability insurance, performance bonds or errors and omissions insurance. Contractor provides contracted services for two (2) or more different persons within a twelve (12) month period, or Contractor routinely engages in business 6.8.4.
6.8.5. advertising solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services. Contractor makes a significant investment in the business, through means such as: purchasing tools or equipment necessary to provide the services; paying for the premises or facilities where the services are provided; or paying for licenses, certificates or specialized training required to provide the services. Contractor has the authority to hire other persons to provide or to assist in providing the services and has the authority to fire those persons.
Appears in 1 contract
Samples: Professional Services Agreement
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-self- employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with countyCounty's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.2. ): AJD AJD AJD AJD AJD Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3factors such as: Contractor enters into fixed price contracts; contractor is required to correct defective work; contractor warrants the services provided; or contractor negotiates indemnification agreements or purchases liability insurance, performance bonds or errors and omissions insurance. Contractor provides contracted services for two (2) or more different persons within a twelve (12) month period, or contractor routinely engages in business advertising solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services. Contractor makes a significant investment in the business, through means such as: purchasing tools or equipment necessary to provide the services; paying for the premises or facilities where the services are provided; or paying for licenses, certificates or specialized training required to provide the services. Contractor has the authority to hire other persons to provide or to assist in providing the services and has the authority to fire those persons.
Appears in 1 contract
Samples: Professional Services Agreement
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he contractor shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.2. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3.
Appears in 1 contract
Samples: Professional Services
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he contractor shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Xxxxxxx X. Xxxxx 0000 XX Xxxxxxx Avenue, Suite 100 Portland, Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.2. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3.97239 000-000-0000
Appears in 1 contract
Samples: Professional Services
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-self- employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s his employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with countyCounty's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s his sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor he has filed federal and state income tax returns returns
(a) in contractor’s his business name or (b) on a business Schedule C as part of contractor’s his personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor he is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.26.8.1. BB Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business.
6.8.2. _BB Contractor bears the risk of loss related to the business or the provision of services as shown by factors such as: Contractor enters into fixed price contracts; contractor is required to correct defective 6.8.3. BB
6.8.4. BB
6.8.5. BB work; contractor warrants the services provided; or contractor negotiates indemnification agreements or purchases liability insurance, performance bonds or errors and omissions insurance. Contractor provides contracted services for two (2) or more different persons within a twelve (12) month period, or contractor routinely engages in business advertising solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services. Contractor makes a significant investment in the business, through means such as: purchasing tools or equipment necessary to provide the services; paying for the premises or facilities where the services are provided; or paying for licenses, certificates or specialized training required to provide the services. Contractor has the authority to hire other persons to provide or to assist in providing the services and has the authority to fire those persons.
Appears in 1 contract
Samples: Professional Services Agreement
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.26.8.1. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3.the
Appears in 1 contract
Samples: Professional Services
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he contractor shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.26.8.1. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is 6.8.2. 6.8.3.
6.8.5. in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3factors such as: Contractor enters into fixed price contracts; contractor is required to correct defective work; contractor warrants the services provided; or contractor negotiates indemnification agreements or purchases liability insurance, performance bonds or errors and omissions insurance. Contractor provides contracted services for two (2) or more different persons within a twelve (12) month period, or contractor routinely engages in business advertising solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services. Contractor makes a significant investment in the business, through means such as: purchasing tools or equipment necessary to provide the services; paying for the premises or facilities where the services are provided; or paying for licenses, certificates or specialized training required to provide the services. Contractor has the authority to hire other persons to provide or to assist in providing the services and has the authority to fire those persons.
Appears in 1 contract
Samples: Professional Services
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he contractor shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.26.8.1. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3.DEB
Appears in 1 contract
Samples: Professional Services
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-self- employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s his employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with countyCounty's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s his sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor he has filed federal and state income tax returns returns
(a) in contractor’s his business name or (b) on a business Schedule C as part of contractor’s his personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor he is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.2. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3.three
Appears in 1 contract
Samples: Personal Services Agreement
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-self- employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s his employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with countyCounty's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s his sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor he has filed federal and state income tax returns returns
(a) in contractor’s his business name or (b) on a business Schedule C as part of contractor’s his personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor he is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.2. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3.
Appears in 1 contract
Samples: Professional Services Agreement
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.26.8.1. RH Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business.
6.8.2. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3factors such as: Contractor enters into fixed price contracts; contractor is required to correct defective work; contractor warrants the services provided; or contractor negotiates indemnification agreements or purchases liability insurance, performance bonds or errors and omissions insurance.
Appears in 1 contract
Samples: Personal Services Agreement
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he contractor shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.2COUNTY: Tillamook County Attn: Xxxxx Xxxxx 000 Xxxxxx Xxxx Road Tillamook, Oregon 97141 000-000-0000 xxxxxx@xx.xxxxxxxxx.xx.xx INC. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3.Xxxx X. Xxxxxx P. O. Box 7840 Xxxxx, Xxxxxx 00000 503-689-1330 Xxxxxxx@xxxxxxxxxxxx.xxx
Appears in 1 contract
Samples: Professional Services
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-self- employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s his employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with countyCounty's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s his sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor he has filed federal and state income tax returns returns
(a) in contractor’s his business name or (b) on a business Schedule C as part of contractor’s his personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor he is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.26.8.1. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business.
6.8.2. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3.
Appears in 1 contract
Samples: Professional Services Agreement
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he contractor shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.26.8.1. GW Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business.
6.8.3. GW Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3factors such as: Contractor enters into fixed price contracts; contractor is required to correct defective work; contractor warrants the services provided; or contractor negotiates indemnification agreements or purchases liability insurance, performance bonds or errors and omissions insurance. Contractor provides contracted services for two (2) or more different persons within a twelve (12) month period, or contractor routinely engages in business advertising solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services.
6.8.4. GW
6.8.5. GW Contractor makes a significant investment in the business, through means such as: purchasing tools or equipment necessary to provide the services; paying for the premises or facilities where the services are provided; or paying for licenses, certificates or specialized training required to provide the services. Contractor has the authority to hire other persons to provide or to assist in providing the services and has the authority to fire those persons.
Appears in 1 contract
Samples: Professional Services
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-self- employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with countyCounty's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor he has filed federal and state income tax returns returns
(a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor he is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.2. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3.three
Appears in 1 contract
Samples: Personal Services Agreement
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he contractor shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with county's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor has filed federal and state income tax returns (a) in contractor’s business name or (b) on a business Schedule C as part of contractor’s personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.1. DCH
6.8.2. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3.DCH
Appears in 1 contract
Samples: Professional Services
STATUS OF CONTRACTOR. The parties intend that contractor, in performing the services specified in this agreement, shall act as an independent contractor.
6.1. The compensation provided herein shall be exclusive and county shall neither pay nor provide contractor with any fringe benefits, including, but not limited to, retirement, health insurance, Workers’ Compensation insurance, unemployment insurance or sick leave. No additional compensation or alternate form thereof shall be payable by county to contractor for any purpose whatsoever unless otherwise agreed in writing. Contractor shall be responsible for paying all income taxes, Social Security or self-self- employment taxes, or any other taxes or assessments imposed by any governmental body incurred by reason of county's payment of compensation hereunder to contractor. County will report the total amount of all payments to contractor, including any expense, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.
6.2. This agreement is personal as to contractor and contractor may not subcontract any portion of the services to be performed hereunder without the prior written approval of county; provided nothing herein shall prohibit any other consultants employed by contractor or in a firm of which he shall be a member to assist contractor in carrying out the responsibilities herein.
6.3. This agreement is not a contract of employment. The parties intend that contractor, in performing the services specified herein, shall be and act as an independent contractor and shall have professional control of the work and the manner in which it is performed. Contractor shall have the sole authority to determine the manner and means of performing the services described herein and county shall not interfere with, control or direct the manner or method in which such services are performed; provided, county shall direct contractor as to the work to be assigned and shall have the right to direct the required results to the extent such direction may be consistent with the nature of contractor's services. Except as otherwise expressly provided herein and except for the purposes of the Oregon Tort Claims Act, ORS 30.265, contractor shall not be considered an agent of county.
6.4. Contractor shall be responsible for and has obtained or shall obtain and maintain all necessary professional licenses and professional liability insurance, as required by law.
6.5. In the event contractor's labor or services shall be performed by contractor’s his employees, such employees shall be and at all times remain the employees of contractor, under the contractor's sole and exclusive control and shall not be deemed employees of county for any purpose.
6.6. Contractor is an independent contractor for purposes of the Workers’ Compensation Law (ORS Chapter 656) and unemployment insurance.
6.6.1. Contractor is solely liable for any Workers’ Compensation coverage under this agreement. If contractor has the assistance of other persons in the performance of this agreement, contractor shall qualify and remain qualified for the term of the agreement as an insured employer under ORS 656.407. If contractor performs this agreement without the assistance of any other persons, contractor shall execute a Joint Declaration with countyCounty's Workers’ Compensation carrier absolving county of any and all liability as provided in ORS 656.029.
6.6.2. If contractor is a subject employee for Workers’ Compensation or unemployment insurance purposes, contractor shall provide such Workers’ Compensation and unemployment coverage benefits at contractor’s his sole cost and expense and shall provide proof of such insurance and benefits at county's request.
6.7. Contractor represents that contractor he has filed federal and state income tax returns returns
(a) in contractor’s his business name or (b) on a business Schedule C as part of contractor’s his personal income tax returns, if contractor provided consulting services as an independent contractor during the previous calendar year.
6.8. Contractor represents that contractor he is customarily engaged in an independently established business. To that end, contractor represents that at least three (3) of the following apply to contractor's business (initial those that apply):
6.8.26.8.1. Contractor maintains a business location that is separate from the business or work location of the person for whom the services are provided or that is in a portion of contractor's residence and that portion is used primarily for the business. Contractor bears the risk of loss related to the business or the provision of services as shown by 6.8.3.KAT
Appears in 1 contract
Samples: Professional Services Agreement
