Florida maintenance independent contractor agreement template

Florida Maintenance Independent Contractor Agreement

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

Client: [Client Legal Name], residing at [Client Physical Address], with contact information: Phone: [Client Phone Number], Email: [Client Email Address]

and

Contractor: [Contractor Legal Name], residing at [Contractor Physical Address], with contact information: Phone: [Contractor Phone Number], Email: [Contractor Email Address]

1. Scope of Services

Option A: The Contractor shall provide maintenance services as described in Exhibit A attached hereto.

Option B: The Contractor shall provide the following maintenance services at the property located at [Property Address]:

• Routine Repairs: [Detailed description of routine repairs, e.g., fixing leaks, patching walls, replacing light bulbs]
• Preventive Maintenance:
  • HVAC: [Specific tasks and frequency, e.g., filter changes quarterly]
  • Plumbing: [Specific tasks and frequency, e.g., checking for leaks monthly]
  • Electrical: [Specific tasks and frequency, e.g., inspecting wiring annually]
  • Landscaping: [Specific tasks and frequency, e.g., lawn mowing weekly, shrub trimming bi-annually]
• Emergency Call-Outs: [Define response time and scope]
• Inspections: [Type, frequency, and reporting requirements]
• Janitorial/Cleaning: [Areas, frequency, and tasks]
• Trash Removal: [Frequency and procedures]
• Minor Renovations: [Specify limitations, e.g., under \$[Amount] and require prior approval]
• Equipment Servicing: [List equipment and servicing details]

Option C: The services will cover [Individual Units/Common Areas/Exterior Spaces/All Areas]. The contractor shall adhere to the following access protocols: [Detailed access instructions].

2. Performance Standards and Reporting

Option A: The Contractor shall perform all services in a professional and workmanlike manner, meeting industry standards and all applicable Florida Building Codes.

Option B: The Contractor shall maintain a maintenance log documenting all services performed, including date, time, description of work, and materials used. The contractor must maintain all records according to Florida law.

• Site visits will occur [Frequency, e.g., weekly/monthly].
• Emergency response time: [Specific time frame, e.g., within 2 hours].
• Documentation method: [Electronic or paper].

3. Florida Statutory Compliance

Option A: The Contractor warrants that they are in full compliance with Chapter 489, Florida Statutes (Contracting in Florida) and all other applicable Florida laws and regulations.

Option B: The Contractor shall maintain all necessary city and county registrations and permits required to perform the services outlined in this Agreement in Florida. The contractor holds the following licenses and certifications: [List of Licenses and Certifications].

Option C: If the Contractor employs others, they shall maintain worker’s compensation coverage in accordance with Florida Statutes, or provide written affirmation of compliance/non-applicability if self-employed.

4. Compensation

Option A: The Contractor shall be compensated at a rate of \$[Hourly Rate] per hour.

Option B: The Contractor shall be compensated on a per-call basis as follows: [Detailed per-call rates for different services].

Option C: The Contractor shall receive a fixed retainer of \$[Retainer Amount] per [Month/Quarter/Year].

Option D: Compensation shall be project-based as agreed upon in writing for each project.

Minimum billable time per engagement: [Minimum Time, e.g., 1 hour].

Invoices shall be submitted [Frequency, e.g., weekly/monthly] and include itemized receipts. All invoices shall be submitted to [Invoice Submission Method and Contact Person].

Materials and emergency purchases reimbursement policy: [Reimbursement details, approval process].

Florida Sales Tax: [Specify if included or excluded].

Late payment fee: [Late Fee Amount or Percentage].

5. 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 an employment relationship, partnership, joint venture, or agency relationship between the parties.

The Contractor is responsible for all self-employment and federal and Florida tax obligations, and is ineligible for client benefits or insurance.

6. Property Access and Confidentiality

The Contractor shall be granted access to the property as necessary to perform the services outlined in this Agreement.

The Contractor shall maintain the confidentiality of all client information, including property access codes, tenant details, and proprietary repair techniques. The Contractor agrees to abide by all Florida-specific privacy rules if applicable.

Ownership, access, and confidentiality of client property keys, access codes, maintenance records, and service reports are the sole responsibility of the Contractor. All access items must be returned to the Client upon termination of this Agreement.

7. Liability and Indemnification

The Contractor shall be liable for property damage, personal injury, or regulatory fines caused by their negligent acts or service defects.

The Contractor shall maintain general liability insurance with minimum coverage of \$[Insurance Amount] and list the Client as an additional insured. The Contractor shall provide a certificate of insurance compliant with Florida standards. The Contractor shall indemnify and hold harmless the Client from 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.

8. Safety

The Contractor shall comply with all applicable Florida workplace safety standards and report any accidents, hazards, or code violations immediately.

9. Term and Termination

Option A: This Agreement shall commence on [Start Date] and continue for a term of [Duration, e.g., 1 year].

Option B: This Agreement shall automatically renew for successive [Renewal Period, e.g., one-year] terms unless either party provides written notice of termination at least [Notice Period, e.g., 30 days] prior to the end of the then-current term.

Either party may terminate this Agreement for breach of contract, provided the breaching party is given [Cure Period, e.g., 30 days] to cure the breach.

10. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through negotiation between the parties.

If negotiation fails, the parties agree to mediate the dispute in [County Name] County, Florida. If mediation fails, either party may initiate litigation in the courts of [County Name] County, Florida, and governed by Florida law.

11. Additional Florida Statutory Disclosures

Option A: (If applicable) The Contractor is providing services that may give rise to construction lien rights under Florida law. The Client is hereby notified of their rights under Chapter 713, Florida Statutes.

Option B: The Contractor acknowledges that performing unlicensed contracting work in Florida is a violation of Chapter 489, Florida Statutes and may result in penalties.

Option C: (If applicable) Public Records: Any work performed on government-owned property is subject to Florida’s public records laws.

12. Licensing and Insurance Updates

The Contractor shall provide regular updates on their licensing and insurance status and immediately notify the Client of any change, suspension, or revocation that affects their legal eligibility for maintenance work in Florida.

13. Fair Hiring Practices

The Contractor shall comply with all fair hiring practices and non-discrimination laws.

(If applicable) The Contractor shall conduct background screenings for on-site personnel if required by the Client or applicable local rules.

14. Tools and Materials

Option A: The Contractor shall supply all tools and materials necessary to perform the services outlined in this Agreement.

Option B: The Client shall supply [List of Materials].

The Contractor is responsible for the proper disposal of waste, hazardous materials, and recycling according to Florida environmental regulations.

15. General Provisions

This Agreement may be modified or amended only by a signed written instrument.

The Contractor may not assign this Agreement without the prior written consent of the Client.

All notices shall be delivered in accordance with Florida service of process norms.

Waiver and severability provisions are compliant with Florida contract law.

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

____________________________
[Client Signature]

____________________________
[Client Printed Name]

____________________________
[Contractor Signature]

____________________________
[Contractor Printed Name]