Arizona maintenance independent contractor agreement template

Arizona Maintenance Independent Contractor Agreement

This Arizona Maintenance Independent Contractor Agreement (the "Agreement") is made and entered into as of [Date], by and between:

[Client Name], located at [Client Address], Phone: [Client Phone], Email: [Client Email] (hereinafter "Client"),

and

[Contractor Name], located at [Contractor Address], Phone: [Contractor Phone], Email: [Contractor Email], Arizona License (if applicable): [Contractor License Number] (hereinafter "Contractor").

1. Scope of Services

The Contractor shall perform the following maintenance services for the Client:

Option A: General Maintenance Services

Detailed Description: [Detailed Description of General Maintenance Services]

Option B: Specific Maintenance Area(s)

Commercial/Residential Property

HVAC

Electrical

Plumbing

Landscaping

Janitorial

Specialized Equipment: [Description of Specialized Equipment]

Option C: Specific Work Descriptions

Preventive Maintenance: [Detailed Description of Preventive Maintenance Tasks]

Corrective Maintenance: [Detailed Description of Corrective Maintenance Tasks]

Response Time: [Response Time Requirement]

Standards for Repairs/Upkeep: [Detailed Description of Repair Standards]

Service Frequency: [Service Frequency]

Emergency Call-Out Procedures: [Emergency Call-Out Procedures]

Client-Supplied Materials/Tools: [List of Client-Supplied Materials/Tools]

2. Service Locations and Access

The services shall be performed at the following location(s):

[Property Address 1]

[Property Address 2]

Etc.

Access Procedures: [Detailed Description of Access Procedures]

Work Hours: [Work Hours]

Site Security Requirements: [Site Security Requirements]

Tenant/Third-Party Contact Protocols: [Tenant/Third-Party Contact Protocols]

3. Service Deliverables and Quality Standards

The Contractor shall deliver the following:

Completion Timelines: [Completion Timelines for Specific Tasks]

Safety Compliance: [Safety Compliance Standards]

Service Logs: [Requirements for Service Logs]

Maintenance Reports: [Requirements for Maintenance Reports]

Parts Replacement Documentation: [Requirements for Parts Replacement Documentation]

Reporting/Sign-Off Procedures: [Reporting/Sign-Off Procedures]

4. Materials and Equipment Sourcing

Option A: Contractor Responsibility

The Contractor shall be responsible for sourcing all materials and equipment. Arizona-approved products must be used when required. [List of Arizona-Approved Products/Suppliers, if applicable].

Option B: Client Responsibility

The Client shall provide all necessary materials and equipment.

Storage, Inventory, and Hazardous Waste Disposal shall comply with Arizona Department of Environmental Quality (ADEQ) rules. [Details on Storage, Inventory, and Waste Disposal]

5. Compensation

The Client shall compensate the Contractor as follows:

Option A: Hourly Rate: [Hourly Rate]

Option B: Project Fee: [Project Fee]

Option C: Per-Task Rate: [Per-Task Rate(s)]

Option D: Retainer: [Retainer Amount]

Overtime: [Overtime Rate and Conditions]

Mileage: [Mileage Reimbursement Rate]

Special Call-Out Fees: [Special Call-Out Fee Amount]

Minimum Call Charge: [Minimum Call Charge Amount]

Markup for Supplies: [Markup Percentage for Supplies]

Payment Schedule: [Payment Schedule]

Invoicing Procedures: [Invoicing Procedures]

Payment Methods: [Acceptable Payment Methods]

Interest/Late Fee Policy: Subject to Arizona Revised Statutes. [Specific Interest Rate and Late Fee Policy]

Arizona Transactional Privilege Tax (TPT): [Responsibility for TPT, if applicable]

Contractor-Provided Tax Documentation: [Required Tax Documentation]

6. Subcontractors

Option A: Subcontractors Allowed with Approval

The Contractor may use subcontractors with prior written approval from the Client. Subcontractors must comply with Arizona contractor licensing and insurance regulations. The Contractor is primarily responsible for the work quality and safety of subcontractors.

Option B: No Subcontractors Allowed

The Contractor shall not use subcontractors without prior written approval from the Client.

7. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. Nothing in this Agreement shall be construed to create an employment relationship. The Contractor is responsible for their own business licenses, worker’s compensation (or required waiver of coverage in Arizona), unemployment insurance, tax withholding, income reporting, and self-employment taxes.

8. Insurance

The Contractor shall maintain the following insurance coverage:

General Liability: Minimum $1,000,000 per occurrence (Recommended)

Automobile Liability: If driving is required for services.

Workers’ Compensation: Or provide a valid Arizona waiver of coverage.

The Client may request to be named as an additional insured.

Proof of insurance and certificates shall be provided to the Client upon request.

9. Indemnification

The Contractor shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or related to the Contractor's performance of services under this Agreement, including but not limited to property damage, injury, regulatory penalties, or third-party claims. The Contractor shall comply with OSHA standards and Arizona-specific workplace safety laws.

10. Confidentiality

The Contractor shall maintain the confidentiality of Client data, security protocols, and proprietary information. The Contractor shall comply with Arizona data privacy requirements.

11. Intellectual Property

Option A: Client Ownership

All intellectual property rights in deliverables, including service records, custom build plans, and maintenance logs, shall be owned by the Client.

Option B: Contractor Ownership

The Contractor retains ownership of all intellectual property rights in deliverables.

12. Warranties

The Contractor warrants their workmanship. [Specify warranty duration, follow-up procedures, and callback procedures.] Any manufacturer-backed product warranties shall be passed on to the Client. [Process for claims or remediation].

13. Breach and Default

The following shall constitute a breach of this Agreement: failure to meet response times, deficient workmanship, safety violations, contract misrepresentation, or property damage. Remedies for breach include repair, replacement, price reduction, or termination for cause. [Specific remedies and limitations on damages under Arizona contract law].

14. Term and Termination

Option A: Fixed Term

The term of this Agreement shall be from [Start Date] to [End Date].

Option B: Auto-Renewal

This Agreement shall automatically renew for successive [Number] [Months/Years] periods unless either party provides written notice of termination at least [Number] days prior to the end of the current term.

Option C: Termination

Either party may terminate this Agreement for convenience with [Number] days written notice. The Client may terminate immediately for cause.

Upon termination, the Contractor shall provide a final invoice, complete site clean-up, return all tools and keys, and handover all records.

15. Dispute Resolution

Any disputes arising out of or related to this Agreement shall be resolved through [Negotiation, Mediation, or Binding Arbitration]. This Agreement shall be governed by the laws of the State of Arizona. Venue shall be in the superior courts of [County Name], Arizona.

16. Compliance with Laws

The Contractor shall comply with all applicable Arizona laws and industry-specific rules, including registration under the Arizona Registrar of Contractors (if required), local/municipal business permits, background check requirements (if applicable), and Arizona HOA rules (if relevant).

17. Representations and Warranties

The Contractor represents and warrants that they possess the necessary qualifications, certifications, and valid Arizona licenses (if required) to perform the services under this Agreement and that they are in compliance with all federal, state, and local laws.

18. Miscellaneous

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

Modification: This Agreement may only be modified in writing signed by both parties.

Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

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

Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

Notices: All notices under this Agreement shall be in writing and sent to the addresses listed above.

[Custom Client Requirements]

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

____________________________

[Client Name]

____________________________

[Contractor Name]