Business Consultation Agreement For Human Resources Consultation Between ACF Industries LLC And American Railcar Industries, Inc. Dated April 1, 2005
Exhibit 10.6
Business Consultation Agreement
For Human Resources Consultation
Between
ACF Industries LLC
And
American Railcar Industries, Inc.
For Human Resources Consultation
Between
ACF Industries LLC
And
American Railcar Industries, Inc.
Dated
April 1, 2005
April 1, 2005
This agreement as of April 1, 2005, is made BETWEEN ACF Industries LLC, whose address is 000
Xxxxx Xxxxxx, Xx. Xxxxxxx, Xxxxxxxx 00000 (referred to as the “Consultant”), AND American Railcar
Industries, Inc. whose address is 000 Xxxxx Xxxxxx, Xx. Xxxxxxx, Xxxxxxxx 00000 (referred to as the
“Company”).
1. Consultation Services. The Company hereby employs the Consultant to perform the following
services
in accordance with the terms and conditions set forth in this agreement:
The Consultant will consult with and advise the Company, on a non-exclusive basis, regarding
the following matters:
a. Labor litigation support and labor relations support and consultation, and labor
contract
interpretation and negotiation services.
Xxxx Xxxxx shall have primary responsibility for providing the services. He may involve
Consultant’s other staff as necessary.
2. Term of Agreement. This agreement will begin April 1, 2005 and will end March 31, 2015.
Either party
may cancel this agreement on 30 days prior written notice to the other party in writing, by
certified mail or personal
delivery.
3. Time Devoted by Consultant. It is anticipated that the Consultant will spend approximately
20 hours
per week in fulfilling its obligations under this contract. The particular amount of time may
vary from day to day or
week to week.
4. Place Where Services Will Be Rendered. The Consultant will perform most services in
accordance
with this contract at 000 Xxxxx Xxxxxx, Xx. Xxxxxxx, Xxxxxxxx. In addition, the Consultant
will perform services on the
telephone and at such other places as designated by the Company to perform these services in
accordance with this
agreement.
5. Payment to Consultant.
The Company will pay the Consultant the sum of one hundred fifty Dollars ($150.00) per hour
payable monthly on or before the
15th day of each month. The Consultant will also be paid for
extraordinary traveling and living expenses if travel is required by the Company.
6. Independent Contractor.
Both the Company and the Consultant agree that the Consultant will
act as an
independent contractor in the performance of its duties under this contract. Accordingly, the
Consultant shall be
responsible for payment of all taxes including Federal, State and local taxes arising out of
the Consultant’s activities
in accordance with this contract, including by way of illustration but not limitation, Federal
and State income tax,
Social Security tax, Unemployment Insurance taxes, and any other taxes or business license
fees as required.
7. Confidential Information. The Consultant agrees that any information received by
the Consultant
during any furtherance of the Consultant’s obligations in accordance with this contract
which concerns the personal, financial or other affairs of the company will be treated by the
Consultant in full confidence and will not be revealed to any other persons, firms or
organizations.
8. Employment of Others. The Company may from time to time request that the Consultant arrange
for the services of others. All costs to the Consultant for those services will be paid by the
Company but in no event shall the Consultant employ others without the prior authorization of the
Company.
ACF Industries LLC
By:
|
/s/ Xxxx X. Xxxxxxxx | ||
Title:
|
Vice President |
American Railcar Industries, Inc
By:
|
/s/ Xxxxx X. Xxxxx | ||
Title:
|
President |