2014-07-14_ENFORCEMENT - M2013036 (2)

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INDEPENDENT CONTRACTOR SERVICES AGREEMENT John Avery, hereinafter referred to as "John Avery" and C & J Gravel Products Inc.; hereinafter referred to as "Contractor" do hereby enter into this Independent Contractor Agreement under the following terms: l . The terms of this Agreement shall be for one year from Approval date. Either party can terminate this agreement for cause, with a written letter. This agreement allows the contractor access to property owned by John Avery and authorization to crush aggregates on said property. Crushing will take place on 261 Equestrian Trail. John Avery will be responsible for all permits required to crush aggregates at this location. If the permitting is not complete and C & J Gravel accrues any type of fines John Avery will be responsible for the costs of such fines. 3. Measurement of material will be by equipment provided by Contractor. All material will cross a belt scale. John Avery will have access to Contractors scale and the right to verify scale accuracy. 4. Payment for servic-v,,s will be 4.00 per ton of material that crosses belt scale. 5. Contractor will bill John Avery when the contrackfulfid k,23'0 day payment terms, from date invoice is received by John Avery. Payments shall be made payable to the trade or business name of the contractor and not to any individual. If this Agreement is terminated, John Avery shall compensate contractor for only approved material processed. 6. Contractor is an Independent Contractor, not an employee of John Avery. Contractor is engaged in an independent trade, occupation, profession or business and is qualified to perform the services pursuant to this Agreement. John Avery shall rely upon Contractor's expertise, and the Contractor is free from control on the process needed to perform service, but John Avery has the right to direct Contractor on what product is produced and where material is mined from and stock piled. John Avery shall not provide any training to the Contractor, nor oversee the actual work, nor instruct contractor as to how the work will be performed. Contractor is free to provide services to other and is not required to work exclusively for John Avery. Contractor is responsible for providing its own tools and benefits at its own cost. Contractor is not entitled to workers compensation benefits or unemployment insurance benefits from John Avery. Contractor is obligated to pay federal (including social security) and state income tax on any monies earned pursuant to this contract relationship. Contractor is responsible for complying with all employment laws and insurance laws for the State of Colorado, relating to its own employees, and shall purchase and have proof of workers compensation coverage for such employees. Contractor agrees