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SUBCONTRACTOR AGREEMENT
IN CONSIDERATION OF the covenants and conditions hereafter expressed this Agreement is
made This 6 day of January, 2011, between:
The Contractor:
CHERYL TRASK O/A DOMESTIC DIVAS
#25-51313 RR 231; SHERWOOD PARK AB; T8B 1K7
780-718-3917
And the Subcontractor:
XXXXXXX
XXXXXXX
For the following project: XXXXXXXXXXXXXXXXXXX
1. Scope of Work
a. The Subcontractor shall furnish all of the material, and perform all of the residential cleaning at the above client address as described in the Guidelines for Subcontractors, all in accordance with scope described herein and the terms of the Contract Documents.
Description of Work:
Date to Start: JANUARY 7, 2011
Frequency: ONE TIME
Length of Each Cleaning: 3 HOURS
2. Payment Terms
a. The Contract amount shall be $18/hour of residential cleaning as specified above.
b. The Subcontractor shall, on her time and expense, submit to the Contractor a payment application or invoice to obtain payment for any hours worked at above project. No payment shall be made, except at Contractor’s option, unless such documentation has been furnished. Any payment made without such documentation shall not be construed as a waiver of Contractor’s right to require such invoices prior to further payments. Any payment made prior to final completion and acceptance of the work shall not be construed as acceptance of any part of the work.
c. Full payment will be due to the Subcontractor when the Contract has been fully performed by the Subcontractor and when final payment is received from the homeowner to Domestic Divas.
d. The payment application shall include an original of the following:
(1) invoice describing the Work that was performed (when, where, hours involved);
(2) the payment amount requested;
(3) name of subcontractor and contractor.
f. The above payment amount includes all applicable sales, gst, and other taxes which may now or hereafter be levied against Subcontractor.
g. Subcontrator shall immediately reimburse Contractor if there is any overpayment. Contractor may deduct or offset from any payments to Subcontractor any amounts owed to the Contractor by Subcontractor arising out of the performance of this Subcontract or any other agreement, event or transaction, whether or not related to this Subcontract.
h. If Client/Owner/Project or any other person responsible for providing cleaning payments delays in making payment to the Contractor from which payment to Subcontractor is to be made, Contractor shall have a reasonable time to make payments to Subcontractor. “Reasonable time” shall be determined according to the relevant circumstances, but in no event shall be less than the time Contractor and Subcontractor require to pursue to conclusion their legal remedies against Owner and/or any other person responsible for providing cleaning payments to obtain payment.
3. Time of Completion.
a. Time is of the essence of this Subcontract. Subcontractor shall prosecute the Work in a prompt and diligent manner whenever the Work is scheduled or at such other time or times as Contractor may direct at the request of Client/Owner/Project. Subcontractor shall endeavor to promote the general progress of the entire cleaning and shall not, by delay or otherwise, interfere with or hinder the work of the Contractor.
b. The Subcontractor shall employ persons of competence and skill to complete the project with approval of Contractor.
c. If the Subcontractor fails to complete the Work as agreed herein, the Contractor may declare the Subcontractor in default by providing written notice to Subcontractor by registered mail. If Subcontractor fails to remedy such within fifteen (15) days of such notice, Contractor shall have the right to select a substitute Subcontractor. If the expense of completing the Work exceeds the unpaid balance on this Contract, the Subcontractor shall pay the difference to the Contractor.
d. In agreeing to complete the Work by the agreed Time of Completion, Subcontractor has taken into consideration and made allowance for ordinary delays, and hindrances incident to such Work, whether growing out of delays from weather, delays from transportation, delays in securing material or workers, or otherwise.
e. As per Guidelines for Subcontractors, Subcontractors may not leave the Client/Owner/Project’s address upon request from the Client/Owner/Project earlier than the provisions for Description of Work as outlined in this Subcontract without completing the 3 steps outlined in Guidelines for Subcontractors.
4. Mandatory Documents Required by Domestic Divas
a. A certificate of Workers Compensation Insurance shall be delivered to the Contractor prior to February 1st, 2011, or the Contractor may withhold a percentage of amounts invoiced to cover the
labour costs. This certificate is issued by WCB on the payment of WCB premiums of each Subcontrator.
b. All Subcontractor’s will be given 10 days from the date of this contract to provide Domestic Divas with an original copy of a Criminal Record Check provided by the local RCMP or City Police Detachment. Domestic Divas will keep a copy of this record check in each Subcontractor’s file. If no Criminal Record Check is provided, contracts may be declared null and void at the discretion of Domestic Divas.
5. Other Insurance
a. Domestic Divas will hold liability insurance for subcontractor’s entering homes. This liability insurance does not include personal injury, as that is the responsibility of Worker’s Compensation Insurance coverage. Subcontractors may, and are free to do so, decide to carry extra coverage on themselves.
b. All Subcontractors and employees of Subcontractors are responsible for holding their own valid car insurance, driver’s licence, and car registration as per the Government of Alberta legislation. Proof of all three must be carried at all times within vehicle used for Subcontract work.
6. Completion of Contract
This contract will be deemed complete/null and void/frustrated if any of the following events occur:
a. The homeowner/client cancels their services permanently,
b. The homeowner/client requests a different cleaner.
7. Client/Owner/Project Cancellations or Rescheduling
a. Contract does not include times where Client/Owner/Project cancels one or more cleaning dates based on their own holidays and preference. This cancellations will not be paid to the Subcontractor by Domestic Divas.
8. Inclusions
This contract is not full nor complete without including the following:
a. Subcontractor Guidelines Acknowedgement
SUBCONTRACTOR CONTRACTOR
_____________________________________________________ ____________________________________________________
SIGNATURE SIGNATURE
_____________________________________________________ ____________________________________________________
DATE DATE
_____________________________________________________ ____________________________________________________
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