Colorado maintenance independent contractor agreement template
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How Colorado maintenance independent contractor agreement Differ from Other States
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Colorado requires compliance with specific worker classification tests to determine independent contractor status, which may differ from those used in other states.
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Colorado law mandates that maintenance contractors provide a written affirmation regarding their employment eligibility, supporting compliance with state labor laws.
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Unlike some states, Colorado may require additional disclosures and insurance provisions for certain maintenance activities, depending on the service scope.
Frequently Asked Questions (FAQ)
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Q: Does Colorado require written independent contractor agreements for maintenance work?
A: While not always mandatory, having a written agreement is highly recommended in Colorado to clarify terms and prove independent contractor status.
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Q: What worker classification tests does Colorado use?
A: Colorado applies factors from both federal and state guidelines, focusing on the degree of control and independence in the working relationship.
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Q: Are maintenance contractors in Colorado responsible for their own insurance?
A: Yes, independent contractors in Colorado usually need to provide and maintain their own insurance, such as liability coverage.
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Colorado Maintenance Independent Contractor Agreement
This Colorado Maintenance Independent Contractor Agreement (the “Agreement”) is made and entered into as of [Date] by and between:
[Client Legal Name], with a principal place of business at [Client Address], Phone: [Client Phone Number], Email: [Client Email] (hereinafter referred to as “Client”)
and
[Contractor Legal Name], with a principal place of business at [Contractor Address], Phone: [Contractor Phone Number], Email: [Contractor Email] (hereinafter referred to as “Contractor”).
1. Description of Services
The Contractor agrees to perform the following maintenance services (the "Services") at the following property/equipment location: [Property/Equipment Location]:
- Option A: Routine HVAC maintenance.
- Option B: Plumbing repairs.
- Option C: Electrical services.
- Option D: Janitorial services.
- Option E: Landscaping services.
- Option F: Other: [Description of Other Services]
The Services shall be performed in accordance with industry standards and to the Client’s satisfaction.
Frequency of Service:
- Option A: Scheduled – [Specify Schedule]
- Option B: On-Call – Response time within [Number] hours.
- Option C: Emergency – Immediate response.
Designated Hours of Performance: [Specify Hours].
Client Access/Site Entry Protocols: [Specify Protocols].
2. Deliverables and Reporting
The Contractor shall provide the following deliverables:
- Option A: Service documentation for each service call.
- Option B: Work logs detailing tasks performed.
- Option C: Progress updates as requested by the Client.
Response and Resolution Times: [Specify Response and Resolution Times].
Service Quality Review: Client sign-off required upon completion of each service.
3. Worksite Safety and Compliance
The Contractor shall comply with all applicable Colorado workplace safety laws, local building codes, and OSHA regulations.
The Contractor is responsible for obtaining and maintaining any required permits or licenses.
4. Insurance and Licensing
The Contractor shall maintain the following insurance coverage, compliant with Colorado requirements:
- Option A: Liability insurance with a minimum coverage of [Dollar Amount].
- Option B: Workers’ compensation insurance (if required based on Contractor's workforce structure).
- Option C: [Specify any specialized licenses or registrations required for the trade].
The Contractor shall provide proof of insurance and licensing to the Client upon request.
5. Compensation
Rate Type:
- Option A: Hourly rate of [Dollar Amount] per hour.
- Option B: Per service call rate of [Dollar Amount] per service call.
- Option C: Retainer fee of [Dollar Amount] per [Time Period].
- Option D: Project-based fee of [Dollar Amount] for [Project Description].
Fee for After-Hours/Emergency Services: [Specify Fee].
Minimum Call-Out Fee: [Dollar Amount].
Reimbursable Expenses: [Specify Allowable Reimbursable Expenses].
Invoicing Process: [Specify Invoicing Process and Documentation Required].
Colorado Sales Tax: [Specify Sales Tax Obligations, if applicable].
Late Payment Penalties: [Specify Late Payment Penalties].
6. Independent Contractor Relationship
It is the express intention of the parties that the Contractor is an independent contractor and not an employee, partner, or joint venturer of the Client. The Contractor is responsible for all income taxes, self-employment taxes, workers’ compensation (if not covered by the Client), unemployment taxes, and all registrations or filings mandated by Colorado for independent contractors, in accordance with C.R.S. § 8-70-115 and CDLE guidelines.
7. Ownership and Use of Work Product
All work product, materials, and data created or used by the Contractor in the performance of the Services, including but not limited to replacement parts, maintenance logs, and manuals, shall be the property of the Client. Client-supplied property data, records, and confidential information shall be protected by the Contractor per Colorado privacy and security regulations.
8. Indemnification
The Contractor shall indemnify 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, including but not limited to property damage, bodily injury, or third-party claims.
9. Tools, Equipment, and Materials
The Contractor shall be responsible for providing and maintaining all tools, equipment, and materials necessary to perform the Services, unless otherwise agreed to in writing. Client approval is required for any replacements or upgrades of equipment.
10. Access Rights and Background Checks
The Contractor shall have access to the Premises as reasonably required to perform the Services.
Background Check Requirement:
- Option A: No background check required.
- Option B: Background check required prior to commencement of services. [Specify Background Check Details].
11. Dispute Resolution
Any dispute arising out of or relating to this Agreement shall be resolved through direct negotiation, then mediation, and finally, if necessary, binding arbitration in [Colorado County], Colorado. Colorado law shall govern this Agreement.
12. Term and Termination
This Agreement shall commence on [Start Date] and shall continue until [End Date], unless earlier terminated as provided herein.
This agreement may be renewed for additional terms of [Number] [Time period] each.
Termination:
- Option A: For Cause - The Client may terminate this Agreement for cause upon [Number] days written notice to the Contractor.
- Option B: For Convenience - The Client may terminate this Agreement for convenience upon [Number] days written notice to the Contractor.
13. Non-Solicitation and Non-Compete
The Contractor agrees not to solicit the Client's employees, tenants, or vendors for a period of [Number] [Time Period] following the termination of this Agreement.
Non-Compete: [Specify Non-Compete Clause, ensuring compliance with Colorado law, C.R.S. § 8-2-113. Be specific about geographic scope and time limitation. This clause may need to be reviewed by legal counsel.]
14. Other Compliance
The Contractor shall comply with all applicable state and industry-specific compliance mandates and best practices relevant to Colorado maintenance contracting, including ADA compliance where applicable.
15. Amendments
This Agreement may be amended only by a written instrument signed by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Client Legal Name]
By: [Client Signature]
Name: [Client Printed Name]
Title: [Client Title]
[Contractor Legal Name]
By: [Contractor Signature]
Name: [Contractor Printed Name]
Title: [Contractor Title]
