Arkansas maintenance independent contractor agreement template

Arkansas Maintenance Independent Contractor Agreement

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

[Client Full Legal Name], residing at [Client Address], hereinafter referred to as "Client," and

[Contractor Full Legal Name], residing at [Contractor Address] or doing business as [Contractor Business Name], with a principal place of business at [Contractor Business Address], hereinafter referred to as "Contractor."

Client and Contractor, for the consideration stated herein, agree as follows:

Scope of Services

Option A: The Contractor agrees to perform the following maintenance services (the "Services") at [Property Address]:

• Routine building repairs
• HVAC maintenance
• Plumbing services
• Electrical work
• Janitorial services
• Groundskeeping
• Seasonal tasks such as leaf removal and snow removal
• Preventive maintenance as described in Schedule A attached hereto
• Emergency response within [Number] hours of notification for [Specific Emergency Types].
• Exclusions: [List of Excluded Services, e.g., structural repairs exceeding $XXX, pest control]

Option B: The Contractor agrees to perform all maintenance services requested by the Client from time to time, subject to the Contractor's availability and acceptance of each specific task, at the property located at [Property Address]. The scope of each task will be defined in a separate work order.

Service Standards

Option A: All services shall be performed in a professional and workmanlike manner, meeting the following standards:

• Quality Requirements: All repairs must be completed to industry standards and comply with all applicable Arkansas building codes.
• Response Times: The Contractor shall respond to service requests within [Number] hours and commence work within [Number] days unless otherwise agreed upon in writing.
• Compliance: All work must adhere to local codes and building standards in Arkansas.
• Documentation: The Contractor shall maintain a maintenance log detailing services performed, materials used, and time spent. Logs shall be submitted to the Client [Frequency, e.g., monthly].
• Tools and Supplies: Contractor is responsible for providing all tools and supplies necessary to perform the Services, unless otherwise agreed upon in writing. All supplies must meet or exceed [Specify Standard, e.g., ANSI standards].

Option B: Contractor shall perform all services in a manner consistent with industry best practices and shall comply with all applicable Arkansas laws and regulations.

Service Area and Work Site

Option A: The Service Area is limited to the property located at [Property Address].

• Access Procedures: The Contractor shall have access to the property between the hours of [Start Time] and [End Time], or as otherwise agreed upon. The Contractor shall obtain keys from [Location] and return them immediately upon completion of each service.
• Security Protocols: The Contractor must sign in and out at the main office and wear provided identification while on the property.
• Parking Arrangements: Designated parking is available in the [Location].
• Worksite Cleanup: The Contractor is responsible for cleaning the worksite daily and disposing of all waste in accordance with local environmental laws and regulations. All waste must be removed from the property daily.

Option B: The service area shall be as specified in each individual work order. Access procedures, security protocols, parking arrangements, and worksite cleanup requirements will be communicated prior to the commencement of each project.

Compensation

Option A: The Client shall compensate the Contractor as follows:

• Rate: [Rate] per hour.
• Estimated Hours: The estimated hours for each project will be determined and agreed upon prior to the start of the project.
• Reimbursement: The Client shall reimburse the Contractor for the cost of parts and materials, upon presentation of receipts. A [Percentage]% markup will be added to all reimbursed amounts.
• Invoice Procedures: The Contractor shall submit invoices [Frequency, e.g., monthly], detailing services performed, hours worked, and expenses incurred.
• Arkansas Sales Tax: The Contractor is responsible for collecting and remitting all applicable Arkansas sales tax.
• Payment Schedule: The Client shall pay the Contractor within [Number] days of receipt of the invoice.
• Late Payment Penalty: A late payment penalty of [Percentage]% per month will be assessed on any unpaid balance after [Number] days.

Option B: The Client shall compensate the Contractor according to the pricing specified in Exhibit B, attached hereto. This exhibit details the per-project rates and reimbursement terms.

Licenses and Permits

The Contractor is responsible for maintaining all necessary Arkansas and local licenses and permits required to perform the Services, including but not limited to [List Specific Licenses, e.g., commercial contractor registration].

The Contractor shall provide proof of liability insurance with a minimum coverage of [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate. Client shall be named as additionally insured.

If applicable, the Contractor shall maintain workers' compensation insurance as required by Arkansas law.

If vehicles are used, the Contractor shall maintain auto insurance with a minimum coverage of [Dollar Amount].

The Contractor shall comply with all requirements of the [Name of Landlord/Property Management Association].

Independent Contractor Status

It is expressly understood and agreed that the Contractor is an independent contractor and not an employee of the Client. This Agreement does not create an employer-employee relationship under Arkansas law.

The Contractor controls the method and manner of performing the Services.

The Contractor is responsible for paying all applicable federal, Arkansas state, and local taxes, including self-employment taxes.

The Contractor is not eligible for any employee benefits provided by the Client.

The Contractor agrees to indemnify and hold harmless the Client from any and all claims arising out of or relating to the Contractor's classification as an independent contractor, including but not limited to claims for taxes, benefits, or workers' compensation.

Risk Allocation

The Contractor shall be liable for any property damage or bodily injury caused by the Contractor's negligence.

The Contractor shall maintain insurance certificates demonstrating adequate coverage, as required in Section 5.

The Contractor's liability shall be limited to the amount of insurance coverage.

The Contractor is responsible for any loss or theft of their own tools and materials.

Dispute Resolution

Prior to initiating any legal action, the parties shall attempt to resolve any dispute through good faith negotiation.

If negotiation is unsuccessful, the parties shall attempt to resolve the dispute through mediation in [City, Arkansas].

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

Any litigation or arbitration shall take place in [County], Arkansas.

The prevailing party in any dispute shall be entitled to recover its reasonable attorneys' fees and costs.

Confidentiality and Client Data

The Contractor shall not disclose any confidential information regarding the Client's property, including but not limited to access codes, tenant details, and proprietary procedures.

Exceptions: Disclosure is permitted when required by law or legal process.

Intellectual Property

Any reports, manuals, or custom maintenance solutions prepared by the Contractor shall be the property of [Client/Contractor].

If the property of the Contractor, the Client shall have a non-exclusive license to use said intellectual property.

Subcontracting and Assignment

The Contractor shall not subcontract any portion of the Services without the Client's prior written consent.

Any subcontractors must meet all Arkansas legal and insurance requirements.

The Contractor shall not assign this Agreement without the Client's prior written consent.

Termination

Option A: This Agreement shall commence on [Start Date] and continue until [End Date].

• Early Termination: Either party may terminate this Agreement upon [Number] days written notice to the other party for any reason, including but not limited to material breach, chronic nonperformance, or sale of the property.
• Upon termination, the Contractor shall be entitled to payment for all services performed up to the date of termination. The Contractor shall return all keys and records to the Client.

Option B: This Agreement may be terminated by either party with [Number] days written notice. Upon termination, the Contractor shall complete any outstanding work orders and return all client property.

Safety and Compliance

The Contractor shall comply with all applicable regulations of the Arkansas Department of Labor, OSHA, and local building inspection codes.

If applicable, the Contractor shall adhere to the Client's drug/alcohol-free workplace policies.

The Contractor shall submit to background checks if required for work in occupied residences.

Recordkeeping and Audit

The Contractor shall maintain accurate records of all services performed for a period of at least three (3) years.

The Client shall have the right to access these records for audit or regulatory purposes.

Amendments and Waiver

Any amendments to this Agreement must be in writing and signed by both parties.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party. Any waiver must comply with Arkansas law.

Notices

All notices shall be in writing and shall be deemed effective upon delivery, whether by personal delivery, certified mail, or email.

Notices to the Client shall be sent to: [Client Name], [Client Address], [Client Email Address]

Notices to the Contractor shall be sent to: [Contractor Name], [Contractor Address], [Contractor Email Address]

Addenda

[Seasonal Work Addendum, After-Hours Premium, Tornado/Storm Event Response, or other relevant Addenda]

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

[Client Full Legal Name]

By: [Client Signature]

[Client Printed Name]

[Contractor Full Legal Name/Business Name]

By: [Contractor Signature]

[Contractor Printed Name and Title, if applicable]