DELIVERY DRIVER INDEPENDENT CONTRACTOR AGREEMENT
DELIVERY DRIVER INDEPENDENTCONTRACTOR AGREEMENTThis ‘DELIVERY DRIVER INDEPENDENT CONTRACTOR AGREEMENT’ (“Agreement”) is made by andentered into between- , anindividual residingat,-(the “Contractor”)and BURPY INC. a corporation existing under the laws of the State of Texas, and having its principalplace-of business at 1616 Guadalupe Street, Austin, Texas 78701 (the “Company”), and is executed as abinding agreement as of this- day of , 20 -(the “Effective Date”). (Contractorand Company are sometimes herein referred to collectively as the-“Parties” or individually as a “Party”.)RECITALS: BACKGROUND AND PURPOSE OF THIS AGREEMENTA.WHEREAS, the Company wishes to engage the Contractor as an independent contractor for theCompany for the purpose of completing the delivery of certain designated Order(s) to thecustomers of the Company on the terms and conditions set forth below; andB.WHEREAS, the Contractor wishes to provide the Services (as defined below) in accordance withthe terms of this Agreement; andC.WHEREAS, each Party is duly authorized and capable of entering into this Agreement.NOW THEREFORE, in consideration of the above recitals and the mutual promises and benefitscontained herein, the Parties hereby agree as follows:1.DRIVER REPRESENTATIONS AND WARRANTIES.To become and remain a delivery driver for the Company, the Contractor represents, warrants andagrees as follows: I am at least 18 years of age, have a valid Texas or other state driver license, and possess(and shall continue to maintain) personal automobile insurance coverage as mandated by theState of Texas. I have not exceeded two at-fault accidents/violations within the last 18 months or have anyviolation in the last 18 months for drunk driving, driving under the influence of drugs, or recklessdriving, or have a reinstated license in effect less than one year after revocation. While driving I agree to obey all local, state and federal traffic laws, agree not to drive under theinfluence of alcohol or any illegal drug, agree not to possess or transport any alcohol, illegaldrugs, firearms or weapons, agree to wear a seatbelt and require all passengers to wear aseatbelt, and agree to avoid horseplay, racing or other distracting or aggressive behavior. I authorize and consent to allow the Company to obtain information regarding my drivingperformance and insurance coverage at any time. I will notify my Manager immediately if I am involved in an accident, receive any movingviolations, or a change occurs in my driving privileges or auto insurance coverage. My vehicle has current state inspection and registration. I will not smoke, chew tobacco, eat, drink, wear headphones, talk on the telephone, nor use aradar detector while driving for the Company. I will not carry any passengers besides other on-duty Company employees. I will maintain an acceptable driving record. I will keep my personal vehicle, or any Company vehicle, clean and in good repair while drivingfor the Company. I will not permit any unauthorized persons to drive the vehicle.BURPY DELIVERY DRIVER INDEPENDENT CONTRACTOR AGREEMENTPage 1 of 8
2.2.12.22.33.3.13.23.33.43.5I agree to keep copies of my up-to-date driver’s license, insurance card and information, andvehicle inspection and registration with the Company.I understand that by using my personal vehicle to perform the Services under this Agreement,should there be any damage to my vehicle, other vehicles or property, or injury to passengersin my vehicle, to drivers or passengers of other vehicle(s), or to any pedestrian, that mypersonal insurance will be used to cover any claims made; and that neither the Company northe Customer will be responsible for damages or injuries.Failure to follow any of the above may result in the immediate termination of this Agreement.SERVICES TO BE PERFORMED.Contractor agrees to deliver each food and/or grocery order (the “Order”), as determined by theCompany, to the address of the residence of the customer of the Company (or other location asdetermined by the Company) (the “Services”).The services to be performed under this agreement are personal to the Contractor and as such theCompany requires such services to be performed exclusively and by the Contractor him/her self.The Contractor shall make each delivery in safe and careful manner and complete each deliverwithin a reasonable amount time.TERMS OF PAYMENT.Compensation. In consideration for the services to be performed by Contractor, the Companyagrees to pay Contractor in accordance with the compensation terms set forth on Schedule A,which terms may be modified by written agreement between the Company and Contractor.No Other Compensation. The compensation set forth on Schedule A shall be the Contractor’ssole compensation under this Agreement.Damages or Losses to the Order. The Contractor shall be responsible for the Order and liable forthe loss or damage to any of the items contained in the Order after accepting control of the same;any such loss or damages shall be deducted from the Contractor’s compensation.Invoices and Payment. Contractor shall send the Company an invoice monthly. The Companyshall pay Contractor within ten (10) days from the date of each invoice. The invoice should includethe following: an invoice number, the dates covered by the invoice, and a summary of the workperformed.Late Fees. Late payments by the Company shall be subject to late penalty fees of set forth onSchedule A accruing per month from the date due until the amount is paid.4.EXPENSES.Contractor shall be responsible for all expenses incurred while performing services under thisAgreement. This includes automobile, truck, and other travel expenses; vehicle maintenance andrepair costs; vehicle and other license fees and permits; insurance premiums; road, fuel, and othertaxes; fines; pager, or cell phone expenses; meals; and all salary, expenses, and othercompensation paid to employees or contract personnel the Contractor hires to complete the workunder this Agreement.5.VEHICLES AND EQUIPMENT.Contractor will furnish all vehicles, equipment, tools, and materials used to provide the servicesrequired by this Agreement. Except were required otherwise in this Agreement, The Company willnot require Contractor to rent or purchase any equipment, product, or service as a condition ofentering into this Agreement.6.TERM.This Agreement shall become effective as of the Effective Date and, unless otherwise terminated inaccordance with the terms of this Agreement, will continue until the Services have beensatisfactorily completed and the Contractor has been paid in full for such Services (the “Term”);provided, however, that in no event shall this Agreement remain effective for longer than one (1)year.BURPY DELIVERY DRIVER INDEPENDENT CONTRACTOR AGREEMENTPage 2 of 8
7.TERMINATING THE AGREEMENT.Either party may terminate this Agreement at any time by giving five (5) days’ written notice oftermination. Contractor shall be entitled to full payment for services performed prior to the effectivedate of termination.8.INDEPENDENT CONTRACTOR STATUS.Contractor is an independent contractor, and not the Company’s employee. The Contractor and theCompany agree to the following rights consistent with an independent contractor relationship: Contractor has the right to perform services for others during the term of this Agreement. Contractor has the sole right to control and direct the means, manner, and method by which theservices required by this Agreement will be performed. Contractor shall perform the services required by this Agreement; the Company shall not hire,supervise, or pay any assistants to help the Contractor. Contractor shall not receive any training from the Company in the skills necessary to performthe services required by this Agreement. The Company shall not require Contractor to devote full time to performing the servicesrequired by this Agreement. Contractor shall not be eligible to participate in any employee pension, health, vacation pay,sick pay, or other fringe benefit plan of the Company. Contractor shall at all times represent to third-parties that Contractor is an independentcontractor and not an employee of the Company, and shall not utilize business cards or othermaterials with the Company’s name or logo unless authorized in writing by the Company andsuch materials clearly reflect Contractor’s independent contractor status.9.LEGAL COMPLIANCE.Contractor is encouraged to treat all company employees, customers, clients, business partnersand other affiliates with respect and responsibility. Contractor is required to comply with all laws,ethical codes and company policies, procedures, rules or regulations, including those forbidding sexharassment, discrimination, and unfair business practices.10.BUSINESS LICENSES, PERMITS, AND CERTIFICATES.Contractor represents and warrants that Contractor and Contractor's employees and contractpersonnel will comply with all federal, state, and local laws requiring driver's and other licenses,business permits, and certificates required to carry out the Services to be performed under thisAgreement.11. LOCAL, STATE, AND FEDERAL TAXES.11.1 Contractor shall pay all income taxes and FICA (Social Security and Medicare taxes) incurred whileperforming services under this Agreement. The Company will not:(a) Withhold FICA from Contractor’s payments or make FICA payments on Contractor’s behalf,(b) Make state or federal unemployment compensation contributions on Contractor’s behalf, or(c) Withhold state or federal income tax from Contractor’s payments.11.2 The charges included here do not include taxes. If Contractor is required to pay any federal, state,or local sales, use, property, or value-added taxes based on the services provided under thisAgreement, the taxes shall be billed to the Company separately. Contractor shall not pay anyinterest or penalties incurred due to late payment or nonpayment of such taxes by the Company.12.FRINGE BENEFITS.Contractor understands that neither Contractor nor Contractor's employees or contract personnelare eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringebenefit plan of the Company.BURPY DELIVERY DRIVER INDEPENDENT CONTRACTOR AGREEMENTPage 3 of 8
13.UNEMPLOYMENT COMPENSATION.The Company shall make no state or federal unemployment compensation payments on behalf ofContractor or Contractor's employees or contract personnel. Contractor will not be entitled to thesebenefits in connection with work performed under this Agreement.14.WORKERS' COMPENSATION.The Company shall not obtain workers' compensation insurance on behalf of Contractor orContractor's employees.15. INSURANCE.15.1 The Company shall not provide insurance coverage of any kind for Contractor or Contractor'semployees or contract personnel. Contractor shall obtain the following insurance coverage andmaintain it during the entire term of this Agreement:(a) Automobile liability insurance for each vehicle used in the performance of this Agreement(including owned, non-owned, leased, or hired vehicles) in the minimum amount of sixtythousand dollars ( 60,000) combined single limit per occurrence for bodily injury and propertydamage.(b) Comprehensive or commercial general liability insurance coverage in the minimum amount ofsixty thousand dollars ( 60,000) combined combined single limit, including coverage for bodilyinjury, personal injury, broad form property damage, contractual liability, and cross-liability.15.2 Before commencing any work, Contractor shall provide the Company with proof of this insuranceand with proof that the Company has been made an additional insured under the policies.15.3 Contractor understands that the Company will rely on the representations and documentationprovided by Contractor as proof of coverage and shall not be responsible for independentlyverifying the effectiveness of such coverage beyond a review of such documentation.16. CONFIDENTIALITY.16.1 Contractor acknowledges that it will be necessary for the Company to disclose certain confidentialand/or proprietary information to Contractor in order for Contractor to perform duties under thisAgreement. Contractor acknowledges that disclosure to a third party or misuse of this proprietary orconfidential information would irreparably harm the Company. Accordingly, Contractor will notdisclose or use, either during or after the term of this Agreement, any proprietary or confidentialinformation of the Company or its customers without the Company's prior written permission exceptto the extent necessary to perform services on the Company's behalf.16.2 Proprietary or confidential information includes:(a) Private personal or business information about the customer(s) of the Company;(b) The written, printed, graphic, or electronically recorded materials furnished by the Company forContractor to use;(c) Any written or tangible information stamped “confidential,” “proprietary,” or with a similar legend,or any information that the Company makes reasonable efforts to maintain the secrecy of;(d) Business or marketing plans or strategies, customer lists, operating procedures, trade secrets,design formulas, know-how and processes, computer programs and inventories, discoveries,and improvements of any kind, sales projections, and pricing information; and(e) Information belonging to customers and suppliers of the Company about whom Contractorgained knowledge as a result of Contractor's services to the Company.16.3 Upon termination of Contractor's services to the Company, or at the Company's request, Contractorshall deliver to the Company all materials in Contractor's possession relating to the Company'sbusiness.16.4 Contractor acknowledges that any breach or threatened breach of this Section 16 of this Agreementwill result in irreparable harm to the Company for which damages would be an inadequate remedy.Therefore, the Company shall be entitled to equitable relief, including an injunction, in the event ofsuch breach or threatened breach of this Section 16 of this Agreement. Such equitable relief shallbe in addition to the Company's rights and remedies otherwise available at law.17.NON-SOLICITATION.BURPY DELIVERY DRIVER INDEPENDENT CONTRACTOR AGREEMENTPage 4 of 8
Independent Contractors shall not, during the Agreement and for a period of one year immediatelyfollowing termination of this Agreement, either directly or indirectly, call on, solicit, or take away, orattempt to call on, solicit, or take away, any of the customers or clients of the Company on whomIndependent Contractor called or became acquainted with during the terms of this Agreement,either for their own benefit, or for the benefit of any other person, firm, corporation or organization.18.NON-RECRUIT.Independent Contractor shall not, during this Agreement and for a period of one year immediatelyfollowing termination of this agreement, either directly or indirectly, recruit any of Company’semployees for the purpose of any outside business.19.RETURN OF PROPERTY.On termination of this Agreement, or whenever requested by the parties, each party shallimmediately deliver to the other party all property in its possession, or under its care and control,belonging to the other party to them, including but not limited to, proprietary information, customerlists, trade secrets, intellectual property, computers, equipment, tools, documents, plans,recordings, software, and all related records or accounting ledgers.20.NO PARTNERSHIP.This Agreement does not create a partnership relationship. Neither party has authority to enter intocontracts on the other’s behalf.21.MODIFICATION.No amendment, change, or modification of this Agreement shall be valid unless in writing andsigned by both Parties.22.ASSIGNMENT.The Company may assign this Agreement freely, in whole or in part. The Contractor may not,without the written consent of the Company, assign, subcontract, or delegate its obligations underthis Agreement, except that the Contractor may transfer the right to receive any amounts that maybe payable to it for its Services under this Agreement, which transfer will be effective only afterreceipt by the Company of written notice of such assignment or transfer.23.SUCCESSORS AND ASSIGNS.All references in this Agreement to the Parties shall be deemed to include, as applicable, areference to their respective successors and assigns. The provisions of this Agreement shall bebinding on and shall inure to the benefit of the successors and assigns of the Parties.24.FORCE MAJEURE.A Party shall be not be considered in breach of or in default under this Agreement on account of,and shall not be liable to the other Party for, any delay or failure to perform its obligations hereunderby reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyondthat Party’s reasonable control (each a “Force Majeure Event”); provided, however, if a ForceMajeure Event occurs, the affected Party shall, as soon as practicable:(a) Notify the other Party of the Force Majeure Event and its impact on performance under thisAgreement; and(b) Use reasonable efforts to resolve any issues resulting from the Force Majeure Event andperform its obligations hereunder.25.NO IMPLIED WAIVER.The failure of either Party to insist on strict performance of any covenant or obligation under thisAgreement, regardless of the length of time for which such failure continues, shall not be deemed awaiver of such Party's right to demand strict compliance in the future. No consent or waiver,express or implied, to or of any breach or default in the performance of any obligation under thisAgreement shall constitute a consent or waiver to or of any other breach or default in theperformance of the same or any other obligation.BURPY DELIVERY DRIVER INDEPENDENT CONTRACTOR AGREEMENTPage 5 of 8
26.NOTICES.Any notice to be given hereunder by any party to the other may be affected either by personaldelivery in writing, or by mail, registered or certified, postage pre-paid with return receipt requested.Mailed notices shall be addressed to the parties at the addresses appearing in the introductoryparagraphs of this Agreement, but each party may change their address by written notice inaccordance with this paragraph. Notices delivered personally shall be deemed communicated as ofactual receipt; mailed notices shall be deemed communicated as of five (5) days after mailing.Contractor agrees to keep Company current as to their business and mailing addresses, as well astelephone, facsimile, e-mail and pager numbers.27.ATTORNEY'S FEES AND COSTS.If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, theprevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursementsincurred both before or after judgment in addition to any other relief to which such party may beentitled.28.INDEMNIFICATION.Contractor shall defend, indemnify, hold harmless, and insure the Company from any and alldamages expenses or liability resulting from or arising out of, any negligence or misconduct onContractor's part, or from any breach or default of this Agreement which is caused or occasioned bythe acts of Contractor. Contractor shall name the Company as an additional insured on all relatedinsurance policies including workers compensation, and general liability.29.REPRESENTATION.Each party of this Agreement acknowledges that no representations, inducements, promises oragreements, orally or otherwise, have been made by any party hereto, or anyone acting on behalfof any party hereto, which are not embodied herein, and that no other agreement, statement orpromise not contained in this Agreement shall be valid or binding. Any modification of thisAgreement shall be effective only if it is in writing, signed and dated by all partie
This ‘DELIVERY DRIVER INDEPENDENT CONTRACTOR AGREEMENT’ (“Agreement”) is made by and entered into between-_, an individual residing at _,-(the “Contractor”) and BURPY INC. a corporation existing under the laws of the State of Texas, and having its principal place-of business at 1616 Guadalupe Street, Austin, Texas 78701 (the .
Documents Required for Independent Contractor/Consultant Approval: 1. Independent Contractor Prehire Information form Complete Parts 1 through 4 of this form prior to engaging in independent contractor services. All sections of this form must be completed. 2. Independent Contractor/Consultant’s CV/r
h) The Contractor will not use Contractor Agents to perform the Services who are not employees of the Contractor without the Exchange's prior written consent and, upon receipt of such consent, prior to use of such Contractor Agent, the Contractor shall secure an assignment to the Exchange of any work product produced by such Contractor Agent. 8.
Project Delivery n Design-Build (D/B) n Contractor and Architect team and form a single entity to provide a service to the owner n A/E and Contractor have a contract in this model n Typically Contractor has lead role n Architect relinquishes control of project n Works under the guise of the Contractor n Contractor controls costs & quality n Architect is selected by Contractor
3. REQUIRED APPOINTMENTS AS PER THE CONSTRUCTION REGULATIONS Ite m Regulation Appointment Responsible Person 1. 5(1)(k) Principal contractor for each phase or project Client 2. 7(1)(c)(v) Contractor Principal Contractor 3. 7(3) Contractor Contractor 4. 8(1) Construction Manager Contractor 5. 8(2) Assistant Construction Managers Contractor 6.
A Contractor Representative MUST be designated for all contractors working at the University. A key role of the Contractor Representative is to ensure that this contractor safety management program is followed. When the contractor is a prime contractor, the specific responsibilities of the Contractor Representative includes ensuring:
Contractor's (AZ ROC), Contractor Search at www.roc.az.gov or by giving the Agency a call at 1-877-692-9762. What is the Contractor Search? The Contractor Search is a license record search tool available on AZ ROC's website. It allows users to search for a specific contractor or find a certain type of contractor in their area.
Jul 01, 2021 · MASTER AGREEMENT [rev Dec. 2019]AGREEMENT MA-SF202101 1. In this Master Agreement (“Agreement”), the term “Contractor” refers to Humanscale Corporation, and the term “Establishing Judicial Branch Entity ” or “Establishing JBE” refers to the Judicial Council of California. This Agreement is entered into between Contractor and the Establishing JBE for the benefit of the Judicial
2nd Grade English Language Arts Georgia Standards of Excellence (ELAGSE) Georgia Department of Education April 15, 2015 Page 1 of 6 . READING LITERARY (RL) READING INFORMATIONAL (RI) Key Ideas and Details Key Ideas and Details ELAGSE2RL1: Ask and answer such questions as who, what, where, when, why, and how to demonstrate understanding of key details in a text. ELAGSE2RI1: Ask and answer .
