SUBHAULER CARRIER AGREEMENT


INDEPENDENT CONTRACTOR SUBHAULER AGREEMENT

 

This Independent Contractor Subhauler Agreement (this "Agreement") is made and entered into by and between Civic Van Lines, Inc., DBA Shleppers Moving & Storage (“Shleppers”) and ("Subhauler") (Shleppers and Subhauler individually referred to herein as a "Party" and collectively referred to herein as the "Parties").

WHEREAS Shleppers is engaged in the transportation of goods and has a need to contract with business entities or individuals engaged in the business of providing transportation services and equipment as a subcontractor.

WHEREAS Subhauler is an independent business entity or individual engaged in the business of hauling goods by motor truck under all requisite permits, authorized by the U.S. D.O.T to provide transportation services, and is the operator and owner or in otherwise lawful possession of certain motor truck equipment adequate for the needs of providing transportation services as contemplated herein.

WHEREAS Subhauler is desirous of rendering transportation services by contract for Shleppers at mutually agreed upon rates as set forth herein.

NOW, THEREFORE, in consideration of the mutual agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

  1. Services and Payment: Subhauler agrees to provide transportation services for such shipments as Shleppers may from time-to-time tender. In consideration of said transportation services Shleppers agrees to pay Subhauler, at a rate agreed upon between Shleppers and Subhauler on a case-by-case basis. It is further agreed and understood that Shleppers is under no obligation to tender any shipments to Subhauler for transportation. Insofar as shipments are tendered to Subhauler for transportation the terms of this Agreement shall apply. Subhauler agrees to perform all transportation services for shipments tendered within a reasonable time frame provided by Shleppers, recognizing that time is of the essence. Subhauler shall pay all costs and expenses incidental to the performance of the transportation services except as otherwise provided herein and shall indemnify Shleppers against, and hold Shleppers harmless from any loss, damage or expense in connection with the transportation of the tendered commodities and shall pay any judgments rendered in connection with such claim, loss, damage or expense, as well as providing Shleppers with defense of such claims.
  2. Licenses: Subhauler warrants that it/he/she is authorized by the U.S. D.O.T to provide transportation services including but not limited to driver qualification files, driver’s log, vehicle maintenance records, etc., and that the equipment owned or possessed and operated by Subhauler is fully licensed for operation under all applicable state and federal laws and regulations. Subhauler agrees that it is responsible for conforming to all applicable state and federal laws and regulations. Subhauler shall indemnify Shleppers against and hold Shleppers harmless from violation of any such requirements, laws or regulations and shall pay any judgments rendered in connection with such claim, loss, damage or expense, as well as providing Shleppers with defense of such claims.
  3. Qualifications: Subhauler represents and warrants that Subhauler has the qualifications and skills necessary to perform the services under this Agreement in a competent, professional manner, without the advice or direction of Shleppers. This means that Subhauler is able to fulfill the requirements of this Agreement. Failure to perform all the services under this Agreement constitutes a material breach of the Agreement.
  4. Relationship:
    • Subhauler agrees to perform the transportation services herein solely as an independent contractor, The Parties to this Agreement recognize that this Agreement does not create any actual or apparent agency, partnership, franchise, or relationship of employer and employee between the Parties. Subhauler is not authorized to enter into or commit Shleppers to any agreements, and Subhauler shall not represent itself as the agent or legal representative of Shleppers.
    • Further, Subhauler shall not be entitled to participate in any of Shleppers’ benefits, including without limitation any health or retirement plans. Subhauler shall not be entitled to any remuneration, benefits, or expenses other than as specifically provided for in this Agreement.
    • Shleppers shall not be liable for taxes, workers compensation, unemployment insurance, employers' liability, employer's FICA, social security, withholding tax, or other taxes or withholding for or on behalf of Subhauler or any other person consulted or employed by Subhauler in performing the transportation services under this Agreement. All such costs shall be Subhauler's responsibility, and any sums assessed to Shleppers for lack of Subhauler's Worker's Compensation shall be due to Shleppers upon demand or taken as a credit at the discretion of the company.
  1. Hold Harmless and Insurance Coverage:  Subhauler or  its employees or agents agrees to indemnify and hold Shleppers free and  harmless for any claims arising out of their operations , performance and duties under this agreement , and shall be required to carry and keep in effect the following Insurance coverage with Shleppers as an additional named insured and loss payee , on all policies, as follows: 
    • A commercial automobile policy with symbol 1 for no less than a combined Single Limit of $1,000,000.  Cargo and warehouse coverage of no less than $200,000 per truck.  Worker’s compensation with no less than a $1,000,000 for Employer’s Liability. General Liability for not less than a $1,000,000 limit per occurrence with an annual aggregate of $2,000,000.  Employers’ Practices Liability for no less than a $1,000,000 including coverage for wage and hour at the amount of $150,000.
    • Lastly an Excess policy which will not be less than $5,000,000 and will be excess to the Commercial Auto,Workers’ Compensation, General Liability and EPL .The Insurance company shall have a rating of no less than A 15 according to AM Best’s rating analysis.
    • Subhauler is one hundred percent (100%) liable to Shleppers for any and all damages, to residential and/or commercial property, household goods and automobiles.
  1. Assignment: Subhauler may not assign this Agreement or any duties or obligations under this Agreement without prior written consent of Shleppers.
  2. Non-Solicitation and Non Compete: During the term of this Agreement and for a period of five (5) years following the termination of this Agreement, Subhauler will not call or solicit, or take away any of Shleppers' customers or potential customers.
  3. Proprietary Information: Subhauler is forbidden from disclosing or making use of any of Shleppers proprietary information for public or private use outside of this Agreement. Subhauler may be made aware of this proprietary information through this Agreement or through any past agreements with Shleppers. Proprietary information includes, but is not limited to, sensitive information that is owned by Shleppers and which gives Shleppers certain competitive advantages, such as Shleppers' customer information ("Proprietary Information").
  4. Termination: This Agreement may be terminated; (a) by either party, in its sole discretion, with or without cause, effective seven (7) days after written notice of termination to the other party; or (b) by Shleppers immediately and automatically without notice of any kind if Subhauler breaches this Agreement in any way. In the event of termination Subhauler shall be responsible for completing all work in progress or alternatively reimbursing Shleppers for the cost of such completion.
  5. Indemnification: Subhauler shall and does hereby indemnify Shleppers from any loss, liability, damage, or expense including reasonable attorney fees which Shleppers may suffer or incur from any act or omission of Subhauler, or because of the failure of Subhauler's insurance carrier to defend any action against Shleppers or settle any judgment against Shleppers arising out of any action, incident, or other happening. This Agreement shall apply as a separate and distinct agreement and shall not be limited by the provisions of any insurance policy held by or for Subhauler.
  6. Entire Agreement: This Agreement constitutes the entire agreement between the Parties. This Agreement supersedes any prior negotiations, agreements or understandings. This Agreement may not be amended, except in a writing signed by both parties which refers to this Agreement.
  7. Headings: The headings of sections in this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
  8. Counterparts. This Agreement may be executed in any number of counterparts and by the different Parties hereto on separate counterparts, each of which when so executed and delivered shall be an original but all of which shall together constitute one and the same agreement. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually executed counterpart of this Agreement.
  9. Governing Law. This agreement will be governed by and constructed in accordance with the laws of the state of California.



 

 

IN WITNESS WHEREOF, the undersigned have executed this Independent Contractor Subhauler Agreement as of the last date executed below.

Civic Van Lines, Inc, DBA Shleppers Moving & Storage

Civic Van Lines, Inc,

Representative: Jesse Heeber

SUBHAULER:

 

SUBHAULER EIN:  

SUBHAULER DOT#:  

CERTIFICATE OF INSURANCE & WORKERS COMPENSATION:

SUBHAULER ADDRESS:

 

Leave this empty:

Signature arrow sign here

Signed by Shleppers Moving & Storage
Signed On: July 20, 2022


Signature Certificate
Document name: SUBHAULER CARRIER AGREEMENT
lock iconUnique Document ID: f8f53ecfff108f23595cade444daebcfdc69b990
Timestamp Audit
July 20, 2022 4:22 pm PDTSUBHAULER CARRIER AGREEMENT Uploaded by Shleppers Moving & Storage - info@shleppers-ca.com IP 198.72.180.97
July 20, 2022 4:43 pm PDTCarrier Agreement - docs@shleppers-ca.com added by Shleppers Moving & Storage - info@shleppers-ca.com as a CC'd Recipient Ip: 198.72.180.97
July 20, 2022 5:15 pm PDTCarrier Agreement - docs@shleppers-ca.com added by Shleppers Moving & Storage - info@shleppers-ca.com as a CC'd Recipient Ip: 198.72.180.97