Fill and Sign the Contractor Agreement Oxnard Union High School Form

Contract with Administrative Logistics Assistant Agreement made on the ___ day of __________, 20___, between (Name of Contractor) of (street address, city, county, state, zip code) , referred to herein as Contactor , and (Name of Employer), a corporation organized and existing under the laws of the state of ______________, with its principal office located at (street address, city, county, state, zip code) , referred to herein as s Employer. 1. Employment and Duties A.Employer employs the Contactor as an administrative assistant of the Employer. The Contactor ’s duties shall primarily consist of the following:  Analyzing rates,  Analyzing quotes,  Analyzing projections,  Negotiating carrier quotes,  Performing customer service duties, and  Filing and sending out form letters B. The Contactor accepts this employment and agrees to devote her best efforts to performance of her duties, which shall include such additional duties as the officers or board of directors may from time to time assign to him. The Contactor shall perform all her duties in a manner satisfactory to the officers and board of directors. The Contactor shall obey all policy, rules and orders of the Employer set by the officers and board of directors. 2. Compensation The Employer shall pay to the Contactor $_________ per hour as compensation for her services, said amount to be paid [state when payment made (e.g., weekly)]. 3. Term The term of this Agreement shall be from month to month unless either party gives written notice to the other party that it shall expire on a certain date. Either party may terminate this Agreement at any time by ___ days written notice to the other party. Any breach in the terms of this Agreement by Contactor may result in immediate termination with verbal or written notice. 5. Confidentiality Agreement A. ClientsThe Contactor will not at any time, either directly or indirectly, make known or divulge to any person, firm or corporation the names, addresses, or any aspect of the business or identities of any of the clients of the Employer, except pursuant to the permission of client or pursuant to subpoena or other applicable legal authority. B. Information The Contactor will not at any time, in any fashion, form, or manner, either directly or indirectly, divulge, disclose, or communicate to any person, firm, or employer in any manner whatsoever any information of any kind, nature, or description concerning any matters affecting or relating to the business of the Employer, including, but not limited to, the names of any of its clients, or any other information concerning the business of the Employer , its manner of operation, or its plans, processes, or other data of any kind, nature, or description, without regard to whether any or all of the above matters would be deemed confidential, material, or important. C. Records All books, records, reports, accounts, and documents relating in any manner to the Employer 's business or customers, whether prepared by the Contactor or otherwise coming into Contactor's possession, shall be the exclusive property of the Employer and shall be returned immediately to the Employer on termination of employment or on the Employer 's request at any time. D. Breach The parties stipulate that, as between them, each of the above matters are important, material, and confidential, and gravely affect the effective and successful conduct of the business of the Employer, and its goodwill, and that any breach of the terms of this section is a material breach of the Agreement, from which the Contactor may be enjoined and for which the Contactor shall also pay to the Employer all damages (including but not limited to compensatory, incidental, consequential, and lost profits damages), which arise from the breach, together with interest, costs, and attorneys' fees to collect such damages. E. This Section 5 shall survive termination of this Agreement. 6. Covenant Not to Compete During the period Contractor is under contract with Employer, and for a period of ____years after termination of said contract, Contractor will not directly or indirectly: A. Recruit, solicit, induce, or attempt to induce any of the customers of the Employer to terminate their contractual relationship with Employer. B. Solicit, divert, take away, or attempt to divert or take away, from the Employer any of its business or the patronage of its customers, clients, or accounts, and Contractor shall not assist any other person to do so. C. If any restriction set forth in this Section 6 is found by any court of competent jurisdiction to be unenforceable because it extends for too long a period of time or over too great a range of activities or in too broad a geographic area, it shall be interpreted to extend only over the maximum period of time, range of activities or geographic area as to which it may be enforceable. D. The restrictions contained in this Section 6 are necessary for the protection of the business and goodwill of the Employer and are considered by Contractor to be reasonable for such purpose. Contractor agrees that any breach of this Section 6 will cause the Employer substantial and irrevocable damage and therefore, in the event of any such breach, in addition to such other remedies which may be available, the Employer shall have the right to seek specific performance and injunctive relief. 7. Relationship of the Parties Contractor is an independent contractor and is not an employee, servant, partner or joint venturer of Employer. Employer shall determine the services to be provided by Contractor, but Contractor shall determine the legal means by which it accomplishes the services in accordance with this Agreement. Employer is not responsible for withholding, and shall not withhold or deduct from the commissions FICA or taxes of any kind, unless such withholding becomes legally required. Contractor is not entitled to receive the benefits which employees of Employer and is not entitled to receive and shall not be entitled to workers compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing, or Social Security on account of her services to Employer. 8. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 9. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of __________. 10. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 11 . Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 12. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 13. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 14. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. (Name of Employer) ________________________ By: ________________________________ (Printed name) (Printed name & Office in Corporation) (Signature of Contactor) (Signature of Officer)