Arkansas hr independent contractor agreement template

Arkansas HR Independent Contractor Agreement

This Arkansas HR Independent Contractor Agreement (the “Agreement”) is made and entered into as of this [Date], by and between [Client Legal Name], a [Client Legal Entity Type, e.g., Corporation] with its principal place of business at [Client Address], [Client City], Arkansas [Client Zip Code], hereinafter referred to as “Client,” and [Contractor Legal Name], a [Contractor Legal Entity Type, e.g., Sole Proprietorship, LLC] with its principal place of business at [Contractor Address], [Contractor City], Arkansas [Contractor Zip Code], hereinafter referred to as “Contractor.”

Client Phone: [Client Phone]
Client Email: [Client Email]
Contractor Phone: [Contractor Phone]
Contractor Email: [Contractor Email]

1. Description of Services

The Contractor agrees to provide the following human resources services to the Client:

• Option A: Recruitment services, including sourcing, screening, and interviewing candidates.
• Option B: Onboarding services, including new hire paperwork completion and orientation.
• Option C: Background check services, in compliance with Arkansas and federal law, including obtaining necessary releases.
• Option D: HR compliance audits to ensure compliance with Arkansas and federal labor laws.
• Option E: Employee relations services, including conflict resolution and disciplinary action guidance.
• Option F: Drafting of personnel policies or employee handbooks compliant with Arkansas law.
• Option G: Payroll assistance, excluding direct handling of funds, in compliance with Arkansas wage and hour laws.
• Option H: Training and development programs for employees and managers.
• Option I: Benefits consulting and administration guidance.
• Option J: Regulatory updates and communication regarding changes in Arkansas and federal labor laws.

2. Scope of Work and Deliverables

• Option A: The Contractor will perform services as needed by the Client on a project-by-project basis. Specific deliverables and deadlines will be agreed upon for each project.
• Option B: The Contractor will provide ongoing HR support services to the Client for a predetermined number of hours per week/month. The Contractor will be available during business hours [Start Time] to [End Time] [Days of the Week].
• Option C: Milestone-based project. Deliverable 1: [Milestone 1 Description] due date: [Date]. Deliverable 2: [Milestone 2 Description] due date: [Date].

Progress Reporting:

• Option A: Weekly progress reports to be submitted via email to [Client Email].
• Option B: Monthly meetings with the Client to discuss progress and address any issues.
• Option C: Ad-hoc updates as needed.

Performance Metrics:

• Option A: Time to fill open positions.
• Option B: Employee satisfaction scores.
• Option C: Compliance audit results.

3. Location of Services

• Option A: The Contractor will perform services primarily at the Client's premises located at [Client Address], [Client City], Arkansas [Client Zip Code].
• Option B: The Contractor will perform services remotely.
• Option C: Hybrid: The Contractor will perform services both at the Client's premises and remotely as needed.

Access to Client Premises: The Contractor will be provided with access to the Client's premises as reasonably necessary to perform the services. The Contractor agrees to comply with all of the Client's security policies and procedures.

Remote Work Protocols: The Contractor will maintain a secure and private workspace when working remotely. Secure data transfer protocols will be utilized at all times.

Use of Client Systems: The Contractor may be provided with access to the Client's HR software and other systems as necessary to perform the services. The Contractor agrees to use these systems only for authorized purposes and to comply with all of the Client's policies and procedures regarding system usage.

4. Arkansas Service Standards and Compliance

The Contractor shall adhere to all applicable Arkansas and federal employment laws, including but not limited to the Arkansas Civil Rights Act, Arkansas wage and hour laws, and guidance issued by the Arkansas Department of Labor. The Contractor will maintain up-to-date knowledge of these laws and regulations. The Contractor will provide services that meet or exceed industry benchmarks for HR functions in Arkansas.

5. Fees and Payment

• Charging Method:
• Option A: Hourly rate of [Dollar Amount] per hour.
• Option B: Retainer fee of [Dollar Amount] per month.
• Option C: Per project fee of [Dollar Amount].
• Option D: Milestone-based payment schedule as follows: [Payment Schedule Details].
• Total Fee Limit:
• Option A: There is no total fee limit for this agreement.
• Option B: The total fees paid under this agreement shall not exceed [Dollar Amount].

Payment Schedule: The Client shall pay the Contractor within [Number] days of receipt of invoice.

Acceptable Payment Methods: The Client shall pay the Contractor via [Payment Method, e.g., Check, ACH Transfer].

Invoice Format and Frequency: The Contractor shall submit invoices to the Client on a [Frequency, e.g., monthly] basis. Invoices shall include a detailed description of the services performed, the date of service, the hours worked (if applicable), and the total amount due.

Arkansas State and Local Taxes: The Contractor is responsible for all applicable Arkansas state and local taxes.

Late Payment Interest: Late payments shall accrue interest at a rate of [Percentage]% per month, or the maximum rate allowed by Arkansas law, whichever is lower.

6. Confidentiality and Data Protection

The Contractor agrees to hold all employee and company data in strict confidence and to comply with all applicable laws and regulations regarding data privacy, including HIPAA and the Arkansas Personal Information Protection Act. The Contractor will implement and maintain appropriate security measures to protect confidential information from unauthorized access, use, or disclosure.

7. Background Checks and Sensitive Information

If performing background checks, the Contractor will obtain necessary release authorizations in compliance with Arkansas and federal law. The Contractor will handle all sensitive personal information in a secure and confidential manner. If the Contractor subcontracts background check services, they must ensure the subcontractor adheres to the same standards.

8. Intellectual Property

Any deliverables created by the Contractor, such as handbook templates, policy drafts, or training materials, shall become the property of the Client upon payment. The Contractor retains ownership of any pre-existing tools or intellectual property used in the performance of the services.

9. Independent Contractor Status

The Contractor is an independent contractor and is not an employee, representative, or agent of the Client. The Contractor has no authority to bind the Client. The Contractor is responsible for all self-employment, social security, and income tax obligations with the Arkansas Department of Finance and Administration and the IRS.

10. Benefits and Insurance

The Contractor is not entitled to participate in any of the Client's benefit plans, including but not limited to health insurance, retirement plans, or paid time off. The Contractor is not covered by the Client's worker's compensation insurance or unemployment coverage. The Contractor is responsible for providing their own insurance suitable for professional HR services.

11. Liability and Indemnification

The Contractor shall indemnify and hold the Client harmless from any and all claims, losses, damages, liabilities, and expenses arising out of or relating to the Contractor's performance of the services, including but not limited to claims for service errors, compliance failures, disclosure of confidential data, or breach of HR regulatory obligations. The Client shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to this Agreement. Limitation of liability will be to the extent permitted under Arkansas law.

12. Subcontracting

The Contractor shall not subcontract any of the services to be performed under this Agreement without the prior written consent of the Client. If the Client consents to subcontracting, the Contractor shall remain responsible for the performance of the subcontractor and shall ensure that the subcontractor complies with all of the terms and conditions of this Agreement, including privacy policies for any data processing.

13. Work Product Standards and Acceptance

All work product delivered by the Contractor shall meet the Client's standards for quality and accuracy. The Client shall have a reasonable period of time to review and approve the work product. If the Client rejects the work product, the Contractor shall have a reasonable opportunity to revise and resubmit it. The specific timelines for work product review and revision are as follows: [Timelines Details].

14. Record Retention and Transfer

Upon conclusion of this Agreement, the Contractor shall transfer all HR records to the Client in a format specified by the Client. The Contractor shall retain copies of records only to the extent required by applicable law, including Arkansas recordkeeping mandates, and will comply with all applicable privacy regulations.

15. Term and Termination

• Term: This Agreement shall commence on [Start Date] and shall continue for a term of [Number] [Months/Years].
• Automatic Renewal:
• Option A: This Agreement shall automatically renew for successive terms of [Number] [Months/Years] unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
• Option B: This Agreement shall not automatically renew.
• Termination for Cause: Either party may terminate this Agreement for cause upon written notice to the other party. Cause shall include, but not be limited to, material breach of this Agreement. The breaching party shall have [Number] days to cure the breach.
• Termination without Cause: Either party may terminate this Agreement without cause upon [Number] days written notice to the other party.
• Final Compensation and Handover: Upon termination, the Client shall pay the Contractor for all services performed up to the date of termination. The Contractor shall promptly handover all work product and data to the Client.
• Post-Termination Confidentiality: The Contractor's obligations of confidentiality shall survive the termination of this Agreement.
• Non-Solicitation:
• Option A: For a period of [Number] [Months/Years] following the termination of this Agreement, the Contractor shall not solicit any of the Client's employees for employment.
• Option B: No Non-Solicitation clause.

16. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas. Any legal action arising out of or relating to this Agreement shall be brought in a court of competent jurisdiction in [County Name] County, Arkansas.

17. Dispute Resolution

• Negotiation: The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiation.
• Mediation: If the parties are unable to resolve the dispute through negotiation, they agree to submit the dispute to mediation in [City Name], Arkansas utilizing a mediator from [Mediation Center Name or organization].
• Arbitration:
• Option A: Any dispute arising out of or relating to this Agreement that cannot be resolved through mediation shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.
• Option B: No Arbitration Clause.

18. Compliance with Laws

The Contractor represents and warrants that they are in compliance with all applicable licensing, permits, or registrations for HR consultants in Arkansas.

19. Representations and Warranties

Both parties represent and warrant that they have the authority to enter into this Agreement and that the Contractor is qualified and legally eligible to provide HR services under Arkansas law. The Contractor warrants that no conflict of interest exists.

20. Compliance Certifications

The Contractor shall provide periodic compliance certifications as required by the Client if working with government, education, or healthcare clients under additional Arkansas regulations.

21. Special Representations

If working with protected classes in Arkansas or providing EEO compliance services, the Contractor makes the following additional representations: [Details].

22. Data Security Protocols

The Contractor shall comply with the following data security protocols specific to HR records and employee information as mandated by Arkansas law: [Details].

23. Other Requirements

[Any other industry and Arkansas state–specific requirements relevant to HR independent contractor engagements.]

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

[Client Legal Name]

By: [Client Authorized Name]

Title: [Client Title]

[Contractor Legal Name]

By: [Contractor Authorized Name]

Title: [Contractor Title]