Subcontractor Agreement
This Independent Contractor Agreement, ("Agreement") is entered into as of the date of {date} by and between Rocky Mountain Cleaning ("Contractor"), with its principal place of business located at 2301 Sunrise Dr. Longmont Co and {subcontractorName}, {subcontractorCompany} located at {subcontractorAddress} the undersigned independent contractor ("Subcontractor") on the date and at the place set forth above.
WHEREAS, the Contractor is in the business of providing janitorial cleaning and other services for businesses and others and has and develops or obtains clients desiring such services; and
WHEREAS, the Subcontractor is ready, willing and able to provide janitorial cleaning and other cleaning services
;
NOW, THEREFORE, it is mutually agreed as follows:
1. Rocky Mountain Cleaning will supply the Subcontractor with clients of the Rocky Mountain Cleaning to service
2. The Subcontractor shall work diligently and use best efforts to service clients of the Contractor as necessary in providing janitorial cleaning and other services thereto
3. The Contractor will pay an agreed-upon amount to the Subcontractor for services rendered to each client of the Contractor
Cleaning services to include: residential, commercial and post construction cleaning. The subcontractor/vendor must possess and provide cleaning chemicals, tools, vacuums, shop vacs and any other reasonable cleaning products, materials and tools to properly clean the assigned property.
Notes: Payment by Rocky Mountain Cleaning to {subcontractorName} will be sent out within 10 working days of having received the invoice from the subcontractor.
4. The Subcontractor's days and hours of performing such services are variable from day to day and week to week and are mutually determined and agreed upon based upon the requirements and needs of the clients and the availability of the Subcontractor to render such services
5. The Contractor shall not be liable for any negligent, reckless or intentional acts or omissions of the Subcontractor, nor shall the Subcontractor bind or attempt to bind the Contractor in any manner; and nothing herein shall be construed as creating
the relationship of employer and employee between the parties, but rather, the Subcontractor shall at all times be deemed to be an independent contractor and free of any control by the Contractor in selecting the time or method of work or transportation used
7. The Subcontractor shall indemnify and hold the Contractor harmless from all losses, injuries or damages caused by the negligent, reckless or intentional acts or omissions of the Subcontractor in rendering services pursuant to the Agreement
8. All manuals, booklets and materials of the Contractor, and all records of the Contractor's clients, route books, and any other records, books or other materials relating in any matter whatsoever to clients of the Contractor, whether prepared by the Contractor or others coming into the Contractor's possession, shall be exclusive property of the Contractor regardless of who
actually purchased or created the original books, records or materials, and all such books records and material shall be immediately returned or delivered over to the Contractor by the Subcontractor upon demand.
10. The Subcontractor shall not make known to any person, firm, corporation, or business the names and/or addresses of any clients of the Contractor, or any other information pertaining to them, or call on, solicit, take away, or accept, directly or indirectly, business from such clients, with whom the Subcontractor becomes acquainted during and/or as a result of services
rendered pursuant to this Agreement, whether for the Subcontractor's benefit, or potential benefit, of any other person, firm, corporation or business during the term of this Agreement, or for a period of eighteen (24) months after the termination of this Agreement
11. The Subcontractor shall not provide the clients of the Contractor with the Subcontractor's home telephone number or any other information enabling such clients to contact the Subcontractor other than through the Contractor.
12. The term of this Agreement shall commence on its execution and shall terminate upon fourteen (15) days written notice, by the Subcontractor. The Contractor can cancel, without notice, for non-performance.
13. Status of Independent Contractor. This Agreement does not constitute a hiring by either party. It is the parties intention that Independent Contractor shall have an independent contractor status and not be an employee for any purposes
14. Withholding of Taxes. Independent Contractor recognizes and understands that it will receive an IRS 1099 statement and related tax statements
15. Agreement to Waive Rights to Benefits. Independent Contractor hereby waives and foregoes the right to receive any benefits given by the company to its regular employees
NOW, THEREFORE, in consideration of the mutual promises and benefits to be derived by the parties they mutually agree to the terms and conditions as outlined above in this agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date and year first written above.