Colorado hr independent contractor agreement template

Colorado HR Independent Contractor Agreement

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

[Client Name], a [Client Entity Type, e.g., Colorado corporation], with its principal place of business at [Client Address] (“Client”),

and

[Contractor Name], an independent contractor with its principal place of business at [Contractor Address] (“Contractor”).

1. Services.

The Contractor agrees to provide the following HR services to the Client: [Description of HR Services, e.g., recruitment, onboarding, handbook creation, compliance training, benefits administration, anti-harassment training, workplace investigations, employee relations consulting, compliance audits].

Deliverable Standards: [Description of Deliverable Standards, e.g., completed employee handbook compliant with Colorado law, successful completion of 10 recruitment cycles].

Scope of Services: [Specific Scope of Services, e.g., recruitment for non-executive positions only, development of policies for companies under 50 employees].

Timelines & Milestones: [Timelines and Milestones, e.g., first draft of handbook within 3 weeks, first set of recruitment within 4 weeks].

Reporting Requirements: [Reporting Requirements, e.g., weekly status reports, monthly invoice reports].

Platforms/Methods for Delivery: [Platforms and Methods of Delivery, e.g., via email, in-person meetings, using client's HRIS system].

2. Work Location.

Option A: The services will be performed primarily at the Client’s facilities located at [Client Facility Address].

Option B: The services will be performed remotely.

Option C: The services will be performed on a hybrid basis, with [Number] days per week at the Client’s facilities and the remainder remotely.

Access and Logistics for On-Site Services: [Details for onsite services, including access cards, parking, contact person].

Remote Communication Protocols: [Details for remote communication, including the use of email, Zoom, Microsoft Teams, and response times].

Handling of Confidential Employee Information: [Details for handling confidential employee information, including access to HRIS system, data security measures, and confidentiality agreements].

3. Compensation.

Option A: The Client shall pay the Contractor an hourly rate of [Dollar Amount] per hour.

Option B: The Client shall pay the Contractor a project-based fee of [Dollar Amount] per project.

Option C: The Client shall pay the Contractor a retainer fee of [Dollar Amount] per month.

Payment Schedule: [Payment Schedule, e.g., weekly, bi-weekly, monthly].

Invoicing Requirements: [Invoicing Requirements, e.g., invoices submitted weekly, including hours worked and project description].

Reimbursement for Expenses: The Client shall reimburse the Contractor for pre-approved, reasonable expenses, including travel, background checks, and HR software costs, upon submission of proper documentation.

Colorado State and Local Taxes: The Contractor is responsible for all applicable Colorado state and local taxes, including sales tax (if applicable), and compliance with the Colorado Department of Revenue.

Late Payment Procedures: Late payments shall accrue interest at a rate of [Percentage] per month.

4. Independent Contractor Status.

The Contractor is an independent contractor and not an employee of the Client. Nothing in this Agreement shall be construed as creating a partnership, joint venture, or agency relationship.

The Contractor is solely responsible for all federal and Colorado state tax withholdings, unemployment insurance, workers’ compensation coverage, and any necessary licenses/registrations, including Colorado business registration.

The Contractor shall provide certifications of insurance, including professional liability or errors and omissions coverage relating to HR advice.

5. Intellectual Property.

All HR materials, documentation, systems, or processes specifically created for the Client during the term of this Agreement shall be the sole property of the Client.

The Contractor retains all rights to use pre-existing HR templates or resources developed prior to this Agreement, provided that such use does not infringe on the Client’s confidential information.

6. Confidentiality and Data Security.

The Contractor shall maintain the confidentiality of all Client and employee information, including sensitive employee data and protected health information (PHI) subject to HIPAA (if applicable).

The Contractor shall comply with all applicable Colorado-specific privacy laws.

The Contractor shall maintain appropriate technical and organizational measures to protect the security and confidentiality of the data, including data retention and destruction protocols.

7. Non-Competition, Non-Solicitation, and Non-Circumvention.

Option A: Non-compete: During the term of this Agreement and for a period of [Number] months following termination, the Contractor shall not, within [Geographic Area, e.g., Denver metropolitan area], engage in HR services for any direct competitor of the Client in the [Industry] industry.

Option B: Non-solicitation: During the term of this Agreement and for a period of [Number] months following termination, the Contractor shall not solicit or attempt to solicit any employee or client of the Client.

Option C: Non-Circumvention: During the term of this Agreement and perpetually thereafter, the Contractor shall not circumvent the Client and/or conduct business with persons or entities first introduced to the Contractor by the Client, or as a result of their relationship.

8. Data Use and Return.

Upon completion or termination of this Agreement, the Contractor shall promptly return all Client and employee data to the Client and cease all use of such data.

The Contractor shall comply with all applicable state and federal employment and labor regulations impacting the Client.

9. Indemnification.

The Contractor shall indemnify and hold harmless the Client from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to the Contractor’s errors, omissions, or professional misconduct in connection with the services provided under this Agreement.

This indemnification is subject to the limits of liability permitted by Colorado law.

10. Notices.

All notices required or permitted under this Agreement shall be in writing and shall be deemed effective upon: (a) personal delivery; (b) deposit in the United States mail, certified or registered, postage prepaid, return receipt requested; or (c) delivery by a nationally recognized overnight courier service.

Acceptable communications methods include email and electronic signatures, which shall be legally binding in Colorado as per C.R.S. Title 24.

11. Term and Termination.

The term of this Agreement shall commence on [Start Date] and shall continue until [End Date] or until terminated as provided herein.

Option A: This Agreement may be terminated by either party upon [Number] days’ written notice for convenience.

Option B: This Agreement may be terminated by either party immediately for cause (e.g., material breach of this Agreement).

Transition of Pending HR Matters: Upon termination, the Contractor shall cooperate with the Client to ensure a smooth transition of all pending HR matters.

Client Access to Work in Progress: Upon termination, the Client shall have access to all work in progress.

12. Amendment and Assignment.

This Agreement may be amended only by a written instrument signed by both parties.

The Contractor shall not assign or delegate any of its obligations under this Agreement without the prior written consent of the Client.

Subcontracting of HR Work: Subcontracting of HR work is [Permitted/Not Permitted]. If permitted, all subcontractors must be approved in writing by the Client.

13. Background Checks.

Prior to engaging the Contractor, the Client may require the Contractor to undergo a background check, the results of which shall be subject to the Client’s review and approval.

All background checks must be compliant with Colorado and federal law.

14. Dispute Resolution.

Any dispute arising out of or relating to this Agreement shall be resolved first through good-faith negotiation.

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

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for any legal action shall be in the appropriate state or federal courts within Colorado.

15. Compliance.

The Contractor agrees to comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to C.R.S. Title 8 (Labor and Industry), the Colorado Equal Pay for Equal Work Act, the Colorado Anti-Discrimination Act, Colorado wage and hour laws, and mandatory training requirements.

16. Conflict of Interest.

The Contractor warrants that they have no conflicts of interest that would prevent them from performing the services outlined in this agreement. The Contractor agrees to promptly notify the Client of any potential conflicts of interest that may arise during the term of this agreement, including dual representation or adverse work with similar employers in the same sector within Colorado.

17. Signatures.

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

[Client Name]

By: [Client Representative Name]

Title: [Client Representative Title]

[Contractor Name]

By: [Contractor Name]

Electronic signatures are binding in Colorado.

18. Exhibits.

Exhibit A: Service Level Agreement (SLA)

Exhibit B: Statement of Work (SOW)

Exhibit C: Background Check Form

Exhibit D: Insurance Certificate

Exhibit E: Negotiated Rate Schedule

Exhibit F: Colorado Contractor License Documentation (If Applicable)