Alaska maintenance independent contractor agreement template

Alaska Maintenance Independent Contractor Agreement

This Alaska Maintenance Independent Contractor Agreement (the “Agreement”) is made and entered into as of this [Date] by and between:

[Client Name], residing at [Client Address], hereinafter referred to as “Client,”

and

[Contractor Name], residing at [Contractor Address], hereinafter referred to as “Contractor.”

Scope of Services

• The Contractor shall provide the following maintenance services to the Client: [Detailed Description of Maintenance Services, e.g., facility repairs, HVAC maintenance, janitorial services, property upkeep, equipment servicing]. This description includes, but is not limited to, the tasks specified in Exhibit A.
• Service locations: [List of Service Locations]
• Expected standards of performance: [Specific Performance Standards]
• Service response times: [Response Time Requirements]
• Option A: The Contractor shall provide all tools and supplies necessary to perform the services.
• Option B: The Client shall provide the following tools and supplies: [List of Client-Provided Tools/Supplies]. The Contractor shall provide all other tools and supplies.
• Alaska Climate Considerations: The Contractor will take reasonable steps to protect Client's property during seasonal periods, including [Specific seasonal tasks, e.g., winterization, snow removal].

Term and Termination

• This Agreement shall commence on [Start Date] and shall continue for a term of [Duration of Contract].
• The Contractor will perform services:
  • Option A: Regularly, according to the following schedule: [Regular Service Schedule].
  • Option B: On-call, as requested by the Client. Requests for service will be made via [Method of Contact] and will be addressed within [Agreed upon timeframe].
• Termination:
  • Option A: Either party may terminate this Agreement with [Number] days written notice to the other party.
  • Option B: The Client may terminate this Agreement immediately for cause, including but not limited to material breach, gross negligence, or violation of applicable law.
  • Option C: Either party may terminate this agreement for convenience with [Number] days written notice.
• Upon termination, the Contractor shall return all Client property, including keys, access devices, and any maintenance records, to the Client within [Number] days.

Compensation and Payment

• The Client shall compensate the Contractor as follows:
  • Option A: At an hourly rate of [Dollar Amount] per hour.
  • Option B: At a rate of [Dollar Amount] per visit.
  • Option C: On a project basis, as follows: [Project-Based Payment Terms].
• Overtime Rate (if applicable under Alaska law): [Dollar Amount] per hour for hours worked exceeding [Number] in a workweek.
• Reimbursable expenses, if any, are limited to [List of Reimbursable Expenses and Limitations]. Reimbursement requires prior written approval from the Client and submission of valid receipts.
• The Contractor shall submit invoices to the Client on a [Frequency, e.g., weekly, monthly] basis.
• The Client shall pay invoices within [Number] days of receipt.
• Late payment fee: [Dollar Amount or Percentage] for payments received more than [Number] days past the due date.
• The Contractor is responsible for all applicable Alaska state and local taxes, including self-employment taxes, business license fees, and sales tax (if applicable).

Independent Contractor Status

• The Contractor is an independent contractor and not an employee of the Client. The Client shall not be responsible for withholding any taxes or making any contributions for unemployment insurance or workers' compensation, unless specifically agreed otherwise in a separate written agreement.
• The Contractor is responsible for filing their own tax returns and paying all applicable taxes.
• The Contractor shall maintain their own workers' compensation insurance if they hire employees, as required by Alaska law.
• The Contractor shall provide proof of insurance to the Client, including:
  • Option A: General liability insurance with a minimum coverage of [Dollar Amount].
  • Option B: Property damage insurance with a minimum coverage of [Dollar Amount].
  • Option C: Workers' Compensation Insurance (if applicable) that complies with Alaska Statute 23.30.045.

Licenses and Permits

• The Contractor is responsible for obtaining and maintaining all necessary licenses and permits required to perform the services in Alaska, including compliance with Alaska business licensing laws and relevant municipal codes. [Specify any required licenses or registrations].

Ownership and Confidentiality

• All maintenance records, reports, and other work product created by the Contractor shall be the property of the Client.
• The Contractor shall maintain the confidentiality of all Client information and shall not disclose any confidential information to any third party. This includes not copying or transmitting Client proprietary information by electronic means.

Standards of Conduct and Safety

• The Contractor shall comply with all applicable Alaska Occupational Safety and Health (AKOSH) regulations, environmental protection laws, and safety procedures while on site.
• The Contractor shall be responsible for the proper disposal of any hazardous materials generated during the performance of the services in accordance with Alaska law.
• The Contractor must report any defects or hazards on site to the Client immediately and provide notification to the Client of any incidents or injuries that occur on site, incorporating Alaska-specific reporting requirements.

Indemnification and Liability

• The Contractor shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorney's fees) arising out of or relating to the Contractor's performance of the services, except to the extent caused by the Client's negligence or willful misconduct.
• Limitations of Liability: [Specify any limitations of liability]

Inspection and Approval

• The Client shall have the right to inspect, audit, or approve the Contractor's work.
• If the Client determines that the Contractor's work is substandard, the Contractor shall correct the work within [Number] days of notification.

Subcontracting

• Subcontracting:
  • Option A: Subcontracting is not permitted under this Agreement.
  • Option B: Subcontracting is permitted only with the Client's prior written approval. If subcontracting is permitted, the Contractor shall ensure that all subcontractors comply with all applicable Alaska licensing, insurance, and employment law requirements.

Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to a force majeure event, including but not limited to acts of God, earthquakes, extreme weather events, transportation interruptions, or other causes beyond its reasonable control specific to Alaska.

Dispute Resolution

The parties shall attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiation. If negotiation fails, the parties agree to [Mediation or Arbitration] in Alaska. This Agreement shall be governed by and construed in accordance with the laws of the State of Alaska. The exclusive jurisdiction for any legal action arising out of this Agreement shall be in the state courts of Alaska.

Compliance with Laws

The Contractor shall comply with all applicable local, state, and federal laws, rules, and regulations in performing the services, including but not limited to business licensing, tax registration, workplace safety, and environmental rules specific to Alaska.

Amendment

This Agreement may be amended or modified only in writing signed by both parties.

Review of Certifications and Insurance

The Contractor is required to provide current copies of all certifications and insurance documents on an annual basis to the Client.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter hereof.

Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

____________________________

[Client Name]

____________________________

Date

____________________________

[Contractor Name]

____________________________

Date