SUB-CONTRACTING AGREEMENT

mukiialice64
Agreements
May 14, 2023

SUB-CONTRACTING AGREEMENT BETWEEN MATHIBA LLC & TEEBS CLEANING (THE CONTRACTOR) AND_______________________________________ (THE SUB-CONTRACTOR)

_____________________________________________________________________________________

THIS AGREEMENT is made on the …………..day of……….20……., entered into by the Contractor and the Sub-Contractor (Contractor and Sub-Contractor collectively referred to herein as the “Parties” or individually as the “Party”) and includes that party’s heirs, personal representatives, successors, and assigns.

WHEREAS:

  • The Sub-Contractor is a service provider.
  • The Contractor is desirous of procuring the Sub-Contractor services.
  • The Sub-Contractor has the necessary skills, expertise, personnel, and equipment to provide the services at a payment amount (a term highlighted below) and to the standards stated in this agreement, those accepted in practice and per the Contractor’s policies, standards, and regulations.
  • The Contractor now wishes to enter into this agreement with the Sub-Contractor, compensating it for its services.

Parties agree to have read and understood the following terms and conditions and to be bound thereby:

  1. DEFINITIONS AND INTERPRETATIONS
  2. In this Agreement:
  3. “Agreement” means this agreement, its Schedules, Exhibits, and other documents (save as may otherwise be varied by this agreement);
  4. “Confidential information” refers to any data or information relating to the business of the Contractor which would reasonably be considered to be proprietary to the Contractor including, but not limited to, accounting records, business processes, and Contractor records and that is not generally known in the industry of the Contractor and where the release of that confidential information could reasonably be expected to cause harm to the Contractor or that which a reasonable person would deem as confidential; and
  5.  “Intellectual Property” means the copyright, know-how, the trade names, and any marks, trade device, service mark, symbol, code or specification, patents, designs, and other individual or intellectual property rights used in or associated with any of the Parties.
  6. In this agreement, unless the context otherwise requires, any reference to:
  7. the singular includes the plural and vice versa;
  8. any agreement or other document includes that agreement or other form as varied or replaced by the Parties in writing from time to time;
  9. Clause headings are inserted for convenience only and shall be ignored in construing this agreement.
  • 2.       APPLICATION OF TERMS
    • Save as may otherwise be provided in this agreement, the terms and conditions set out in this agreement are the only terms on which the Contractor is prepared to deal with the Sub-Contractor.
    • If any ambiguity is found in the agreement or various documents forming this agreement, the Contractor shall issue any necessary clarification or instruction.
    • All documents annexed to this agreement shall be subject to the terms under this agreement, provided that the Parties append their signatures on the documents.
    • The parties will exercise utmost good faith in this agreement.

This agreement shall come into force upon execution by both parties and shall remain in force for a period of _____________________.

  • PAYMENT AMOUNT

The Contractor will pay the Sub-Contractor the following compensation for their services:

•           $75 for a 2-hour cleaning

•           $100 for a 3-hour cleaning

•           $125 for a 4-hour cleaning

•           $150 for a 5-hour cleaning

The Payment Amount shall be paid every week on Friday. (the “payment method”). The Payment Amount and Payment Method shall be referred to as “Compensation by Zelle”. Any payment for service rendered by the Sub-Contractor shall be due payable when this agreement is terminated.

Any payment amount shall be subject to the Contractor inspecting the completed services of the Sub-Contractor. If the said services are defective or incomplete, the Contractor shall have the right to notify the Sub-Contractor and the Sub-Contractor shall promptly correct such services within reasonable time.

  • SERVICES PROVIDED

The Sub-Contractor hereby agrees to provide the Contractor with cleaning services (the “Services”), devoting all necessary time and attention, and specifically the following housekeeper duties;

•         Dusting and polishing furniture and fixtures;

•         Cleaning and sanitizing toilets, showers/bathtubs, countertops, and sinks;

•         Maintaining a clean and sanitary kitchen area;

•         Making beds and changing linens;

•         Washing interior windows within reach;

•         Vacuuming and cleaning carpets and rugs;

•         Sweeping/vacuuming, polishing, and mopping hard floors;

•         Do and fold laundry;

•         Using any cleaning equipment such as vacuums, mops, and other cleaning tools;

•         Keeping bathrooms stocked with clean linens, toiletries, and other supplies;

•         Cleaning mirrors, light fixtures, and other glass surfaces;

•         Emptying trash receptacles and disposing of waste;

•         Washing blinds;

•         Tidying up rooms;

•         Reporting any necessary repairs or replacements;

•         Cleaning fridges, oven, and microwave;

•         Cleaning the cabinets; and

•         Mopping and polishing floors;

The Sub-Contractor shall be capable of lifting and carry 25 pounds, knowledgeable on deep cleaning, standard cleaning, move-out cleaning, and cleaning supplies products.

The Sub-Contractor shall also be responsive to the reasonable needs and concerns of the Contractor related to their provision of services. The services will also include any other tasks which the parties may agree on.

The Sub-Contractor agrees that the presence of alcohol and drugs are prohibited while performing the services or in the place where they are being performed (“work site”).Breach of this term shall entitle the Contractor to immediately terminate this agreement.

The Sub-Contractor further acknowledges that time is of the essence in regard to the performance of the services.

  • EQUIPMENT

Except as otherwise provided in this agreement or agreed by the parties in writting, the Sub-Contractor will provide at the Sub-Contractor’s own expense any tools, machinery, equipment, raw materials, supplies, workware, and other items or parts necessary to deliver the services per the agreement.

  • LIABILITY

The Sub-Contractor shall pay and be solely responsible for all withholdings, including, but not limited to, Social Security, State unemployment, State and Federal income taxes, and any other obligations. In addition, the Sub-Contractor shall pay all applicable sales or use taxes on labor provided and materials furnished or otherwise required by law in connection with the services performed.

The Sub-Contractor shall, at his/her/their own expense, be solely responsible for protecting its employees, sub-subcontractors, material suppliers, and all other persons from risk of death, injury or bodily harm arising from or in any way related to the services or the work site. e.g through providing insurance. In addition, the Sub-Contractor agrees to act in accordance with the rules and regulations administered by federal law and OSHA. The Sub-Contractor shall be solely responsible and liable for any penalties, fines, or fees incurred.

  • INDEMNITY

In the event of default under this agreement, the defaulting party shall reimburse the non-defaulting party or parties for all costs and expenses reasonably incurred by the non-defaulting party or parties in connection with the default, including, without limitation, attorney’s fees. Additionally, in the event a suit or action is filed to enforce this agreement or with respect to this agreement, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including, without limitation, reasonable attorney’s fees at the trial level and on appeal.

The Contractor agrees that it would be difficult to measure damage to the Contractor’s business from any breach by the Sub-Contractor under this Section; therefore, any monetary damages would be an inadequate remedy for such breach. Accordingly, the Sub-Contractor agrees that if he/she/they should breach this Section, the Contractor shall be entitled to, in addition to all other remedies it may have at law or equity, to an injunction or other appropriate orders to restrain any such breach, without showing or proving actual damages sustained by the Contractor.

  • INTELLECTUAL PROPERTY

The Sub-Contractor agrees that any intellectual property, e.g., the Contractor’s name, and associated rights owned or developed by the Contractor, solely or jointly with others, during the subsistence of this agreement is the Contractor’s exclusive property. The Sub-Contractor will enjoy a non-exclusive, limited use license of the Contractor’s intellectual property.  

  1. NON-SOLICITATION

The Sub-Contractor shall not interfere with the Contractor’s relationship with or endeavor to entice away from the Contractor, the Contractor’s clients, or any person who had a material business relationship with the Contractor in the duration of this agreement. This provision shall survive the termination of this agreement.

  1. INDEPENDENT CONTRACTOR

The Sub-Contractor acknowledges that he/she/they are an independent contractor and not an agent, partner, joint venture, nor an employee of the Contractor. The Sub-Contractor shall have no authority to bind or otherwise obligate the Contractor in any manner nor shall the Sub-Contractor represent to anyone that it has a right to do so. Sub-Contractor further agrees that in the event the Contractor suffers any loss or damage as a result of a violation of this provision, the Sub-Contractor shall indemnify and hold harmless the Contractor from any such loss or damage.

  1. DISPUTE RESOLUTION

Any dispute under this agreement shall be resolved by Negotiation. Parties shall have a meeting, phone call meeting to resolve the dispute. Parties shall act in good faith to resolve the dispute. Nothing in this section shall be construed as limiting the Court’s jurisdiction.

  1. TERMINATION
  • Either party may terminate this agreement at any time upon breach of the contract by the other party.
  • Either party may terminate this agreement with written notice to the other party within fifteen (15) working days. Suppose the Sub-Contractor wishes to terminate the contract with less than fifteen (15) working days’ notice. In that case, the Contractor reserves the right to charge costs that have already been paid in advance or incurred by the Contractor on their behalf.
  • Either party may terminate this agreement at any time if both parties agree to the termination.
  • Upon termination or expiration of this agreement, all equipment and unused supplies must be returned to the Contractor or, at the Client’s request, deducted from funds due.
  • The Sub-Contractor shall return to the Contractor any other property, documentation, records, reports, documents, lists, plans, memoranda, notes, and other documentation related to the business of the Contractor or confidential information which is the property of the Contractor upon termination or expiration of this agreement or at the Contractor’s written request.
  • Upon the termination of this Agreement, all property provided by the Contractor, including, but not limited to, cleaning supplies, uniforms, equipment, and any other items, must be returned by the Sub-Contractor. Failure to do so may result in a delay in any final payment made by the Contractor.
  • The termination of this agreement shall not discharge the liabilities accumulated by either party.
  • Any Clauses intended by the parties or this agreement to survive the termination of this agreement, whether expressly stated or not, shall survive the termination of this agreement by whatever cause.
  1. CHANGES TO THE AGREEMENT

Either party may request changes to the agreement, but the changes will only be effective if agreed in writing, signed by all parties, and recorded.

  1. CONFIDENTIALITY

The Sub-Contractor shall not at any time disclose, directly or indirectly to any other person whatsoever (including to the public or any section of the public) or use for a personal benefit, any information concerning this agreement, whether such information is stated to be confidential or not, without the express written permission of the Contractor. Confidential information shall include but not be limited to: all financial and accounting records, lists of property owned by Contractor, including amounts paid, therefore, client and customer lists, and any other data and information related to the Contractor’s business. This provision shall survive the termination of this agreement.

  1. FORCE MAJEURE

For this agreement, “Force Majeure” means an event which a diligent party could not have reasonably avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies.

A Party’s failure to fulfill its obligations due to Force Majeure, shall not be considered as a breach of this agreement, provided that the party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay all to carry out the terms of this agreement.

  1. NO WAIVER

Except where this agreement provides otherwise, the rights and remedies contained in it are not exclusive to rights or remedies provided by law.  Failure by either party to enforce any of the terms or conditions of this agreement shall not be a waiver of their right to enforce this agreement. No waiver of any provision of this agreement shall be deemed or shall constitute a continuing waiver, and no waiver shall be binding unless executed in writing by the party making the waiver.

  1. SEVERABILITY

Suppose any provision of this agreement is declared by any judicial or other competent body to be void, voidable, illegal, or otherwise unenforceable; parties may amend that provision or remove it from this agreement. The remaining provisions of this agreement shall remain in full force and effect.

  1. NOTICES
  • All notices shall be in writing.
  • Parties shall be served through the following addresses (including email).
  • Either party may provide changes in the below addressees by reasonable notice in writing given to the other party as aforesaid.

THE CONTRACTOR:           ___________________________________________

                                                ___________________________________________

                                                ___________________________________________

                                                ___________________________________________

THE SUB-CONTRACTOR:   ___________________________________________

                                                ___________________________________________

                                                ___________________________________________

                                                ___________________________________________                            

  • GOVERNING LAW

This agreement shall be governed by the Colorado State Laws.

IN WITNESS WHEREOF, each of the Parties has freely and voluntarily executed this agreement, both Parties by their duly authorized officer, as of the day and year set forth below.

Signed by the duly authorized representative of the CONTRACTOR   Signature:        Name: Designation:    Date:……………………………………… Signed by the duly authorized representative of the SUB-CONTRACTOR   Signature:        Name: Designation:    Date:…………………………………………….…………

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