Circulation Management Contracting Checklist

Mike Zinser

In my last column, I focused on the contracting process. This month, I want to follow up on that subject by sharing a document called the "Circulation Management Contracting Checklist."

The Circulation Management Contracting Checklist, shown below, can greatly help prove independent contractor status when executed by the circulation manager and contractor at the time of contracting. After reviewing this form, I think readers will agree it demonstrates that both parties entered into a contract with the intention of creating an independent contractor relationship.

Circulation Management Contracting Checklist

The following factors should be reviewed when contracting with any independent contractor newspaper carrier. After completing the item, the circulation manager and prospective contractor involved should place their initials by the numbered item:

1. _________  The circulation management representative reviewed the entire Independent Contractor Distribution Agreement with the prospective contractor and had him/her initial each page.

2._________   Completion of negotiations:

- The Company's proposed rate was $______________________.

- The prospective independent contractor made a counter offer or counter offers of $______________________.

3. _________  The prospective independent contractor completed IRS Form W-9.

4. _________  The carrier accident insurance for independent contractors was reviewed with the prospective independent contractor.

_________      The prospective independent contractor completed the acceptance/rejection card.

_________      The prospective independent contractor was provided information explaining the coverage.

5. _________  The prospective independent contractor provided proof of vehicle insurance.

6. _________  The prospective independent contractor provided a photocopy of his/her valid driver's license.

7. _________  The prospective independent contractor provided the company with a copy of his/her most current motor vehicle report revealing his/her driving record.

8. _________  After both parties signed the Independent Contractor Distribution Agreement, a photocopy of the signed document was provided to the contractor.

9. _________  The prospective independent contractor completed the Bond application.

10. ________  The circulation management representative provided a route list to the independent contractor.

_________  Audio tape

_________  Written list

11. ________  The circulation management representative explained to the prospective independent contractor that he/she has the right to determine the sequence of route delivery.

12. ________  The prospective contractor reads and understands the English language.

________ The prospective contractor cannot read English; however (name and address) ___________________________________  acted as a translator.

________The prospective contractor cannot read English; however he/she was provided a contract in _____________ language, which he/she can read and understand.

13. ________  The circulation management representative reviewed and explained a sample statement provided to contractors.

14. ________  The circulation management reviewed and explained an example of daily messages relayed by the company to the contractor from subscribers.

15. ________  The circulation management representative specifically informed prospective contractor that he/she is responsible to pay federal income taxes and that no taxes will be withheld by company.

16. ________  The circulation management representative specifically informed the prospective contractor that he/she, as an independent contractor, is not eligible to receive workers' compensation benefits or unemployment compensation benefits.

By ________________________________________  Date ____________________

                              Contractor

By ________________________________________  Date ____________________

                    [Insert Company Name]

L. Michael Zinser is the founding partner of The Zinser Law Firm in Nashville, Tenn. The firm, which has a heavy concentration of clients in communications media, represents management in the area of labor and employment. Zinser can be reached at (615) 244-9700 or mzinser@zinserlaw.com.