California maintenance independent contractor agreement template

California Maintenance Independent Contractor Agreement

This California Maintenance Independent Contractor Agreement (the "Agreement") is made and entered into as of [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

• Option A: The Contractor shall provide the following maintenance services at [Service Location]: [Detailed Description of Services, e.g., general repairs, plumbing, electrical, landscaping, HVAC maintenance].
• Option B: The Contractor shall provide maintenance services as requested by the Client, subject to written work orders specifying the scope, location, and completion deadline for each task.
  • The Contractor will provide all tools and materials necessary to perform the services, except for [List of Client-Provided Materials/Tools].
  • The Client will provide all tools and materials necessary to perform the services.

Service Locations and Access

• Option A: The services shall be performed at the following location(s): [Specific Address(es) of Service Locations].
  • Access to the service location(s) will be provided via: [Instructions on Access, e.g., key access, security code, specific hours of access].
• Option B: Service locations will be provided to the Contractor via individual work orders as described in Section 1.
  • The Contractor will be responsible for coordination of their own access to the property.
  • The Client will coordinate all access for the Contractor to the property.

Licenses and Certifications

• Option A: The Contractor represents and warrants that they possess all licenses, registrations, and certifications required under California law to perform the services described herein, including but not limited to [List Specific Licenses and Certifications, e.g., C-61/D-12 license, EPA certifications].
• Option B: The Contractor is responsible for obtaining all necessary permits and licenses required by California law for the services provided under this Agreement.
  • The Contractor will provide the Client with copies of all licenses and certifications upon request.

Compensation and Payment

• Option A: The Client shall pay the Contractor a flat rate of [Dollar Amount] per [Time Period, e.g., month, service call].
• Option B: The Client shall pay the Contractor an hourly rate of [Dollar Amount] per hour.
• Option C: The Client shall pay the Contractor according to the fee schedule attached as Exhibit A.
  • Invoices shall be submitted to the Client on [Frequency, e.g., monthly, bi-weekly], and payment shall be due within [Number] days of receipt.
  • Payments shall be made via [Payment Method, e.g., check, electronic transfer].
  • Late payments shall accrue interest at a rate of [Percentage]% per month, or the maximum rate allowed by California law, whichever is lower.

Independent Contractor Status

• The parties agree that the Contractor is an independent contractor and not an employee of the Client. The Client shall not be responsible for withholding any federal or California state income taxes, social security, Medicare, or other employment taxes.
• The Contractor is not entitled to any employee benefits, including but not limited to health insurance, paid time off, or retirement benefits.
• The Contractor is responsible for obtaining and maintaining workers' compensation insurance as required by California law if they have employees.
  • The Contractor affirms that they operate an independent business and meet the requirements under California AB 5/ABC test for independent contractor status.

Insurance and Indemnification

• The Contractor shall maintain commercial general liability insurance with a minimum coverage of [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate.
• The Contractor shall indemnify, defend, 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 under this Agreement, except to the extent caused by the Client's negligence or willful misconduct.
  • The Contractor shall provide the Client with a certificate of insurance evidencing the required coverage.
  • If the Contractor is performing any work which requires them to obtain Workers’ Compensation insurance, they must submit a copy of their policy.

Confidentiality

• The Contractor shall maintain the confidentiality of all Client data, key codes, business practices, and other non-public information encountered during the performance of the services.
• This obligation of confidentiality shall survive the termination of this Agreement.

Subcontracting

• The Contractor shall not subcontract any of the services to be performed under this Agreement without the prior written consent of the Client.
• Any subcontractors engaged by the Contractor shall be subject to the same licensing and insurance requirements as the Contractor.

Compliance with Laws

• The Contractor shall comply with all applicable California labor, safety, environmental, and hazardous waste laws and regulations, including but not limited to Cal/OSHA, Proposition 65, and laws relating to lead paint and asbestos handling.
• The Contractor shall promptly report any incidents or hazards to the Client.

Termination

• Option A: This Agreement shall commence on [Start Date] and shall continue for a term of [Number] [Time Period, e.g., months, years].
• Option B: This Agreement shall continue until terminated by either party.
  • Either party may terminate this Agreement upon [Number] days written notice to the other party.
  • The Client may terminate this Agreement immediately upon written notice to the Contractor if the Contractor breaches any material term of this Agreement, including but not limited to safety violations or non-performance.
  • Upon termination, the Contractor shall promptly return all Client property, tools, records, and access credentials.

Dispute Resolution

• The parties shall attempt to resolve any disputes arising out of or relating to this Agreement through negotiation and mediation.
• If the parties are unable to resolve the dispute through negotiation and mediation, either party may initiate arbitration or civil action in [County Name] County, California.
• This Agreement shall be governed by and construed in accordance with the laws of the State of California.

Client Obligations

• The Client shall provide the Contractor with timely access to the service locations.
• The Client shall promptly approve or reject completed work.
• The Client shall provide the Contractor with any necessary utilities or special equipment.

Prevailing Wage/Public Contracting (If Applicable)

• If the work performed under this Agreement is subject to prevailing wage laws or other public contracting provisions, the Contractor shall comply with all such requirements.

Environmental Compliance (If Applicable)

• The Contractor shall comply with all applicable local environmental protection regulations regarding waste disposal, water use, and green practices.

Record Retention and Audit Rights (If Applicable)

• The Contractor shall maintain accurate records of all services performed under this Agreement.
• The Client shall have the right to audit the Contractor's records upon reasonable notice.

Entire Agreement

• This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• This Agreement may not be assigned by either party without the prior written consent of the other party.
• This Agreement may be amended only by a writing signed by both parties.

Notices

• All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, to the following addresses:
  • Client: [Client Name], [Client Address], [Client Email]
  • Contractor: [Contractor Name], [Contractor Address], [Contractor Email]

California Statutory Disclosures

• The parties acknowledge that California law may require certain disclosures, including but not limited to mechanics' lien laws, right to repair laws, and required client notices of insurance. The parties shall comply with all such disclosure requirements.
  • Contractor acknowledges that they are responsible for understanding the requirements of California mechanics' lien laws.

Signatures

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

[Client Name]

By: [Client Signature]

[Contractor Name]

By: [Contractor Signature]