Common use of SECONDARY FACTORS Clause in Contracts

SECONDARY FACTORS. (a) The extent of control which, by agreement, COMMISSION may exercise over the details of the work is slight rather than substantial; (b) CONSULTANT is engaged in a distinct occupation or business; (c) In the locality, the work to be done by CONSULTANT is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skill required in the particular occupation is substantial rather than slight; (e) The CONSULTANT rather than the COMMISSION supplies the instrumentalities, tools and work place; (f) The length of time for which CONSULTANT is engaged is of limited duration rather than indefinite; (g) The method of payment of CONSULTANT is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project, rather than part of the regular business of COMMISSION; (i) CONSULTANT and COMMISSION believe they are creating an independent CONSULTANT relationship rather than an employer-employee relationship; and (j) The COMMISSION conducts public business.

Appears in 3 contracts

Samples: RTC Master Contract Provisions, Contract Template, Professional Services Agreement

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SECONDARY FACTORS. (a) The extent of control which, by agreement, COMMISSION may exercise over the details of the work is slight rather than substantial; (b) CONSULTANT is engaged in a distinct occupation or business; (c) In the locality, locality where the work is to be done by CONSULTANT is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skill required in the particular occupation is substantial rather than slight; (e) The CONSULTANT rather than the COMMISSION supplies the instrumentalities, tools and work place; (f) The length of time for which CONSULTANT is engaged is of limited duration rather than indefinite; (g) The method of payment of CONSULTANT is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project, rather than part of the regular business of COMMISSION; (i) CONSULTANT and COMMISSION believe they are creating an independent CONSULTANT relationship rather than an employer-employee relationship; and (j) The COMMISSION conducts public business. It is recognized that it is not necessary that all secondary factors support creation of an independent CONSULTANT relationship, but rather that overall there are significant secondary factors which indicate that CONSULTANT is an independent CONSULTANT.

Appears in 2 contracts

Samples: Engineering Services Contract, Engineering Services Contract

SECONDARY FACTORS. (a) The extent of control which, by agreement, COMMISSION COUNTY may exercise over the details of the work is slight rather than substantial; (b) CONSULTANT CONTRACTOR is engaged in a distinct occupation or business; (c) In the locality, the work to be done by CONSULTANT CONTRACTOR is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skill required in the particular occupation is substantial rather than slight; (e) The CONSULTANT CONTRACTOR rather than the COMMISSION COUNTY supplies the instrumentalities, tools and work placeworkplace; (f) The length of time for which CONSULTANT CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment of CONSULTANT CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project, rather than part of the regular business of COMMISSIONCOUNTY; (i) CONSULTANT CONTRACTOR and COMMISSION COUNTY believe they are creating an independent CONSULTANT contractor relationship rather than an employer-employee relationship; and (j) The COMMISSION COUNTY conducts public business.

Appears in 1 contract

Samples: Independent Contractor Agreement

SECONDARY FACTORS. (a) The extent of control which, by agreementagree- ment, COMMISSION COUNTY may exercise over the details of the work is slight rather than substantial; (b) CONSULTANT CONTRACTOR is engaged in a distinct occupation or business; (c) In the locality, the work to be done by CONSULTANT CONTRACTOR is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skill required in the particular occupation is substantial rather substantial’rather than slight; (e) The CONSULTANT CONTRACTOR rather than the COMMISSION COUNTY supplies the instrumentalities, tools and work place; (f) The length of time for which CONSULTANT CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment of CONSULTANT CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project, rather than part of the regular business of COMMISSIONCOUNTY; (iI) CONSULTANT CONTRACTOR and COMMISSION COUNTY believe they are creating an independent CONSULTANT contractor relationship rather than an employer-employee relationship; and (j) The COMMISSION COUNTY conducts public business.. ,

Appears in 1 contract

Samples: Contractor Agreement

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SECONDARY FACTORS. (a) The extent of control which, by agreement, COMMISSION COUNTY may exercise over the details of the work is slight rather than substantial; (b) CONSULTANT CONTRACTOR is engaged in a distinct occupation or business; (c) In the locality, the work to be done by CONSULTANT CONTRACTOR is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skill required in the particular occupation is substantial rather than slight; (e) The CONSULTANT CONTRACTOR rather than the COMMISSION COUNTY supplies the instrumentalities, tools and work place; (f) The length of time for which CONSULTANT CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment of CONSULTANT CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project, rather than part of the regular business of COMMISSIONCOUNTY; (i) CONSULTANT CONTRACTOR and COMMISSION COUNTY believe they are creating an independent CONSULTANT contractor relationship rather than an employer-employee relationship; and (j) The COMMISSION conducts public business.employee

Appears in 1 contract

Samples: Independent Contractor Agreement

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