“For the purpose of this document, Nexus Property Maintenance's Property Pres Wizard Based internal software system is referred to as PPW. This agreement shall be construed as if prepared with equal input by both parties and shall not be construed more strongly against either party regardless of who is more responsible for its preparation. If there is a conflict between this agreement and any present or future law, this agreement shall be curtailed only to the extent necessary to bring it within the requirements of the law.
WHEREAS Nexus Property Maintenance desires to retain Subcontractor to perform certain contract work in accordance with various contract documents and specifications and this Agreement; WHEREAS Subcontractor desires to be retained for such services (“Services”) under the terms and conditions herein; NOW THEREFORE Nexus Property Maintenance and Subcontractor agree as follows:
1. **SERVICES**
Subcontractor agrees to perform services relating to property maintenance, lawn care, and property improvements/repairs as set forth on work orders Nexus Property Maintenance submits to Subcontractor. Subcontractor shall determine the method, details, and means of performing the services. Nexus Property Maintenance may specify only the results desired in regard to the specified services.
2. **RELATIONSHIP**
Subcontractor is considered a self‐employed, independent contractor to Nexus Property Maintenance for all purposes. As such, Subcontractor is solely responsible for paying Subcontractor’s own taxes. Nexus Property Maintenance will submit a 1099 to the IRS reporting how much Subcontractor made in a given year, but Nexus Property Maintenance will not withhold or deduct any taxes from payments made to the Subcontractor. Any persons Subcontractor employs in connection with the performance of its services will be Subcontractor’s employees, and Subcontractor will be fully responsible for them. Subcontractor will be responsible for all acts of its employees and contractors. Subcontractor will not be eligible to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by Nexus Property Maintenance. Subcontractor has no authority (and shall not hold itself out as having authority) to bind Nexus Property Maintenance and Subcontractor shall not make any agreements or representations on Nexus Property Maintenance's behalf without Nexus Property Maintenance's prior written consent.
3. **WORK ORDERS**
Subcontractor will be given a Work Order for each project, which will set forth the deadline for each project. Project-specific requests/instructions may be included in the project Work Order. Failure to follow/perform all project-specific requests/instructions included in each project Work Order shall be considered a major infraction. It is the responsibility of the Subcontractor to know all specifications to which Nexus Property Maintenance expects each work order to be completed even if they are not listed on the work order itself. Any subcontractor-suggested amendments to any work order must be approved in writing by Nexus Property Maintenance before Subcontractor is authorized to perform any additional work.
4. **QUALITY CONTROL**
Upon completion of a work order, a representative of Nexus Property Maintenance may conduct an in-office (via photos) and/or on-site quality control inspection of the work completed, noting any infractions or deficiencies. In the event of any deficiencies or infractions, upon Nexus Property Maintenance's request, Subcontractor will revisit the property and correct the infractions and deficiencies within 24 hours of Nexus Property Maintenance's request. For each visit, Nexus Property Maintenance will charge Subcontractor a $50.00 penalty, which may be deducted from amounts owed to Subcontractor. Regardless of whether Nexus Property Maintenance requests a revisit, Nexus Property Maintenance may deduct such amounts it reasonably determines are appropriate to compensate Nexus Property Maintenance for any deficiencies or infractions in the work performed and may charge Nexus Property Maintenance for expenses incurred as a result of any deficiencies or infractions, including costs Nexus Property Maintenance incurs to correct the infractions and or deficiencies. In the event of inconsistencies between this Agreement and the Work Order, the provisions of the Work Order shall prevail.
5. **LABOR SUPERVISION & MANAGEMENT**
Subcontractor will supply all labor, tools, and equipment required to perform the services under this Agreement. Subcontractor has the sole obligation and responsibility to supervise, manage, direct, and perform the projects specified in the Work Orders. Nexus Property Maintenance is committed to complying with the Immigration and Reform Control Act. Subcontractor and all members of Subcontractor’s crew must be lawfully permitted to work in the United States. Subcontractor shall indemnify, defend, and hold Nexus Property Maintenance harmless for any violations relating to immigration and work residency violations.
6. **CONDUCT & SAFETY**
The Subcontractor and all crew members shall wear appropriate, non‐offensive clothing while performing all work and services. No member of the crew is permitted to be shirtless at any time. All members of the Subcontractor crew shall act professionally and courteously at all times and especially when interacting with a property owner or client of Nexus Property Maintenance. The members of the Subcontractor crew shall refrain from any profanity while on the job site. The members of the Subcontractor crew shall not enter or request permission to enter a client residence unless there is prior written approval from Nexus Property Maintenance. Subcontractor shall not solicit any additional work of any kind or any additional payment for work performed from any Nexus Property Maintenance Field Service’s client. Smoking of any kind, alcohol consumption, and/or the use of any illegal/controlled substance is strictly prohibited while members of the Subcontractor crew are on the job site. Subcontractor shall adhere to the latest Occupational Safety & Health Administration guidelines, including, but not limited to, the use of any required safety gear (e.g., helmets, goggles, harnesses, etc.). Subcontractor shall be responsible for payment of any fines or penalties relating to worksite safety. All crew members must be at least 16 years of age. Children are not allowed to be on site even if a parent is present.
7. **COMPLETION, PHOTOS & PAYMENT**
A Work Order is not considered complete until all specified work is completed, all tools belonging to the Subcontractor are removed, and the job site is cleared of all work-related waste and trash. Subcontractor is not entitled to any payment unless the Work Order is viewed as fully complete by Nexus Property Maintenance and its clients. Subcontractor is not entitled to partial payment if work was partially completed. Subcontractor shall prepare and send to Nexus Property Maintenance a detailed digital photo catalog of each completed Work Order. Each photo should clearly show that it was taken at the property specified in the Work Order by, at minimum, photographing the street sign, house number, and front of the home. Although most Work Orders have specifically required photos, Subcontractor should at minimum take before, during, and after photos of each task completed, and the aforementioned photos if applicable. Photos shall be sent by Subcontractor to Nexus Property Maintenance via PPW. The Subcontractor shall have no right to payment unless adequate photos have been received by Nexus Property Maintenance via PPW and approved by Nexus Property Maintenance and its clients. It is the Subcontractor’s responsibility to house all data, including but not limited to: invoice amounts, addresses, work order numbers, photos of work completed, and dates completed. Nexus Property Maintenance is not liable for any lost data submitted by Subcontractor, and Subcontractor may be required to resubmit invoices at no additional cost to Nexus Property Maintenance.
8. **PAYMENT TERMS**
Nexus Property Maintenance agrees to pay Subcontractor for services rendered and determined complete within 30 days of submission into PPW. Subcontractor may be on a pay schedule (weekly, monthly, or otherwise) to be paid much sooner. Nexus Property Maintenance may establish a course of dealing with Subcontractor for payment on a biweekly basis or otherwise; however, in no event shall any course of dealing establish an obligation for Nexus Property Maintenance to pay Subcontractor for services rendered and determined complete any sooner than within 30 days of submission into PPW.
9. **PAYMENT DISPUTES & REMEDIES**
If Subcontractor has not received payment on an order or has been “short paid” (paid less than the total believed), the subcontractor shall create a dispute in PPW under the “Form & Docs” Tab by completing the Pay Dispute Form (if PPW was the issuing system). If Subcontractor no longer has access to PPW, due to termination of business relationship or otherwise, Subcontractor must send an email to its account manager stating the Work Order numbers and street addresses for each individual order that was short paid or not paid. Subcontractor has 15 days from the original payment date to dispute short payments or 15 days after the expected payment date (30 total days) to dispute any payment. After these time periods, the order payments are closed and no further payments will be issued. Subcontractor waives and releases all claims for payments from Nexus Property Maintenance which are not disputed by Subcontractor within the time frames set forth above, including but not limited to all work/services performed by Subcontractor which pre‐date this Agreement. It is the Subcontractor’s responsibility to keep track of the Work Order numbers for each Work Order completed. Any type of payment dispute is evaluated on an individual Work Order basis. Example: If Subcontractor believes it completed 50 Work Orders in a given week, but only received payment for 40 Work Orders, it is the Subcontractor’s responsibility to let Nexus Property Maintenance know the Work Order numbers for each order it believes it was paid for. In the event of a dispute as to payment or completion of a Work Order the Subcontractor agrees as follows: 1) Subcontractor shall not contact the property owner or client of Nexus Property Maintenance, 2) Subcontractor shall not file any liens