Independent Contractor Agreement (Page 5 of 16) in pdf

Subcontractor elects to voluntarily rent any equipment from Contractor or its customer, such rental

shall be at fair market value and shall be memorialized in a separate agreement.

SUBCONTRACTOR’S PERSONNEL

5.1

In lieu of rendering services directly, Subcontractor shall have the right to employ,

furnish and supervise qualified licensed drivers and other qualified individuals and employees, as

required, to perform the services covered by this Agreement. All such individuals, employees and

contractors, utilized by the Subcontractor must meet the qualifications required of Subcontractor

hereunder.

5.2

Subcontractor shall be solely responsible for the direction and control of the employees,

agents and subcontractors of Contractor, if any, performing labor pursuant to this Agreement, including

their selection, hiring, firing, supervision, assignment, and direction, the setting of wages, hours and

working conditions, and the adjustment of their grievances. Subcontractor shall determine the method,

means and manner of the performance of the work of its employees, agents and subcontractors.

5.3

Subcontractor assumes full and sole responsibility for the payment of all compensation,

wages, benefits and expenses of its employees, agents, and subcontractors, if any, and for all required

state and federal income tax withholdings, unemployment insurance, and social security taxes as to

Subcontractor and all persons employed by Subcontractor in the performance of services under this

Agreement, and Subcontractor shall be responsible for meeting and fulfilling the requirements of all

regulations now or hereafter prescribed by legally constituted authority with respect thereto.

Contractor and its customers shall not be responsible for the wages, benefits or expenses due

Subcontractor’s employees, agents, or subcontractors nor for income tax withholding, social security,

unemployment, or other payroll taxes of Subcontractor’s employees, agents, or subcontractors.

5.4

All pay, benefits, and working conditions of Subcontractor’s employees, agents, or

subcontractors are a matter of agreement solely between Subcontractor and its employees, agents, or

subcontractors. Neither Subcontractor nor its employees, agents, or subcontractors shall receive any

vacation pay or holiday pay from Contractor or its customers, nor shall they participate in other

Contractor benefits, if any, available to Contractor’s employees, agents, or subcontractors or

Contractor’s customer’s employees, agents, or subcontractors (even if Subcontractor or its

employees, agents or subcontractors are found to be employees of Contractor or its customer by a court

or agency of competent jurisdiction).

5.5

Before utilizing any driver to perform delivery services under this Agreement,

Subcontractor agrees to conduct a background check, including driving record, and a drug and alcohol

screen of the driver and provide verification of such to Contractor. Subcontractor shall be responsible

for all costs associated with performing background checks and drug and alcohol screening of

Subcontractor’s drivers. Upon request, Subcontractor shall make its records demonstrating compliance

with the foregoing requirements available to Contract for verification. Upon execution of this

Agreement, Subcontractor shall deliver to Contractor any and all documentation for Subcontractor’s

drivers required to be submitted to Contractor by the rules and regulations of the FHA and DOT,

including leasing regulations, and the rules of the appropriate regulatory agencies having jurisdiction.

Independent Contractor Agreement Page 5