Arizona hr independent contractor agreement template

Arizona HR Independent Contractor Agreement

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

[Client Company Full Legal Name], located at [Client Company Business Address], with a telephone number of [Client Company Telephone] and an email address of [Client Company Email] (the “Client”),

and

[Contractor Full Legal Name], located at [Contractor Business Address], with a telephone number of [Contractor Telephone] and an email address of [Contractor Email] (the “Contractor”).

1. Scope of HR Services

• Option A: The Contractor shall provide the following HR services to the Client: [Detailed Description of HR Services, e.g., recruiting, onboarding, compliance consulting, policy development, employee relations, benefits administration, leave management, workplace investigations, training, payroll coordination, advisory services on Arizona and federal labor law compliance].
• Option B: The Contractor shall provide HR services as described in Exhibit A attached hereto.
• Option C: The Contractor will provide specific HR services requested by the Client from time to time, as agreed upon in writing.

2. Deliverables, Deadlines, and Performance Standards

• Option A: The Contractor shall provide the following deliverables according to the following deadlines: [List of Deliverables and Deadlines, e.g., Revised Employee Handbook - October 26, 2024]. The Contractor shall perform the services in a professional and workmanlike manner, meeting industry standards.
• Option B: Performance standards will be reviewed and updated [Frequency] and as needed in writing, based on the Client’s performance goals and objectives.
• Option C: The Contractor will provide status updates to [Name of Contact Person] on a [Daily/Weekly/Monthly] basis, as applicable.

3. Location of Services

• Option A: The services will be performed remotely.
• Option B: The services will be performed on-site at the Client’s premises located at [Client Company Business Address].
• Option C: The services will be performed on a hybrid basis, with [Number] days per week on-site and the remaining days worked remotely.
  • For on-site work, the Contractor must adhere to the Client's facility access procedures, as communicated by [Name of Contact Person].

4. Compensation

• Option A: The Contractor shall be compensated at an hourly rate of [Dollar Amount] per hour.
• Option B: The Contractor shall be compensated a fixed fee of [Dollar Amount] per project, as described in Exhibit B attached hereto.
• Option C: The Contractor shall be paid a monthly retainer of [Dollar Amount].
  • The Contractor shall submit invoices to the Client [Frequency, e.g., monthly, bi-weekly]. Payment is due within [Number] days of invoice receipt.
  • Late payments shall accrue interest at a rate of [Percentage] per month.
  • Reimbursement for pre-approved travel and business expenses are capped at [Dollar Amount] per [Time Period]. The Contractor must submit receipts for all reimbursable expenses.

5. Tax Obligations

The Client will not withhold any federal, state, or local taxes on behalf of the Contractor.

The Contractor is solely responsible for paying all self-employment taxes, insurance premiums, and any other applicable taxes, including Arizona Transaction Privilege Tax if required based on the services provided. The Contractor must independently register with the Arizona Department of Revenue if necessary.

6. Independent Contractor Status

The parties agree that the Contractor is an independent contractor and not an employee of the Client. This Agreement does not create an employer-employee relationship, and the Contractor is not eligible for any employee benefits, including unemployment or workers' compensation. The Contractor is solely responsible for complying with all applicable Arizona and federal laws and regulations pertaining to independent contractors.

7. Record-Keeping and Audit

The Contractor shall maintain accurate records of all work performed and expenses incurred.

The Client shall have the right to audit the Contractor’s records related to this Agreement upon reasonable notice, in compliance with Arizona law and HR industry norms.

The contractor will maintain records for a minimum of [Number] years.

8. Licensing and Registration

• Option A: The Contractor represents and warrants that they possess all necessary licenses, registrations, and professional certifications required to provide HR services in Arizona. [Specify License/Certification, e.g., SHRM-SCP].
• Option B: The Contractor confirms that no specific licensing, registration or certification is required to perform the agreed upon HR services.

9. Confidentiality and Privacy

The Contractor shall maintain the confidentiality of all employee information, records, and client data obtained during the course of this Agreement, in accordance with Arizona legal standards and federal privacy regulations (e.g., HIPAA, FCRA).

The Contractor shall not disclose any confidential information to any third party without the Client’s prior written consent.

10. Intellectual Property

All work product, including forms, training materials, and policies developed by the Contractor for the Client, shall be the sole property of the Client. All digital files and employee data shall belong solely to the Client.

The Contractor retains [Rights of Use, if any].

11. Non-Disclosure, Non-Solicitation, and Non-Competition

The Contractor shall not disclose any confidential information of the Client to any third party.

During the term of this Agreement and for a period of [Number] years thereafter, the Contractor shall not solicit the Client’s employees or customers.

The Contractor shall not compete with the Client within a [Specific Geographic Area] for a period of [Number] years after the termination of this Agreement, as permissible under Arizona law.

12. Liability and Indemnification

The Contractor shall be liable for any legal violations, negligent HR advice, discrimination claims, breach of confidentiality, data loss, or regulatory fines resulting from their actions or omissions, except for matters caused by the Client’s error or omission.

The Contractor shall indemnify and hold harmless the Client from any claims, damages, or expenses arising from the Contractor’s breach of this Agreement or negligence.

13. Termination

• Option A: Either party may terminate this Agreement for convenience upon [Number] days written notice.
• Option B: The Client may terminate this Agreement immediately for material breach by the Contractor, including breach of confidentiality or violation of law.
  • Upon termination, the Contractor shall provide transition assistance, final reporting, and transfer all records to the Client.
  • The Contractor shall return or securely destroy all client documents and data.

14. Arizona-Specific HR Practices

The Contractor shall comply with all applicable Arizona laws and regulations, including the Arizona Employment Protection Act, Arizona Paid Sick Leave Law, and local city HR ordinances.

The Contractor shall ensure compliance with anti-discrimination laws, E-Verify mandates, and workplace harassment training standards.

15. Background Checks

• Option A: The Contractor agrees to undergo a background check as required by Arizona law, including fingerprint clearance if the duties involve education, healthcare, or work with vulnerable populations.
• Option B: A background check is not required for the services to be provided under this Agreement.

16. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona.

Any disputes arising out of or relating to this Agreement shall be resolved through [Negotiation/Mediation/Arbitration/Litigation in Maricopa County courts].

The prevailing party shall be entitled to recover its reasonable attorney’s fees and costs.

17. Miscellaneous

Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control.

Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments: This Agreement may be amended only by a written agreement signed by both parties.

Assignment: This Agreement may not be assigned or delegated by either party without the prior written consent of the other party.

Notices: All notices under this Agreement shall be in writing and delivered to the addresses set forth above.

18. Compliance with Regulations

The Contractor shall comply with all applicable federal and Arizona regulations affecting HR services.

19. Required Disclosures

The Contractor shall provide all required Arizona and industry HR disclosures, such as contractor privacy policies and background screening procedures.

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

[Client Company Full Legal Name]

By: [Name]

Title: [Title]

[Contractor Full Legal Name]

By: [Name]

Title: [Title]