Georgia maintenance independent contractor agreement template

Georgia Maintenance Independent Contractor Agreement

This Georgia Maintenance Independent Contractor Agreement is made and entered into as of [Effective Date], by and between:

[Client Legal Name], a [Client Business Type, e.g., Georgia Corporation, Individual], with a principal place of business at [Client Address], City of [Client City], County of [Client County], State of Georgia, Zip Code [Client Zip Code], and if applicable, Georgia Secretary of State Registration Number: [Client GA SOS Number], hereinafter referred to as "Client,"

and

[Contractor Legal Name], a [Contractor Business Type, e.g., Georgia LLC, Individual], with a principal place of business/residence at [Contractor Address], City of [Contractor City], County of [Contractor County], State of Georgia, Zip Code [Contractor Zip Code], and if applicable, Georgia Secretary of State Registration Number: [Contractor GA SOS Number], hereinafter referred to as "Contractor."

1. Scope of Services

Option A: The Contractor shall provide the following maintenance services (the "Services") at [Service Area Location(s), e.g., specific addresses or buildings]: [Detailed Description of Services, e.g., HVAC maintenance including filter changes and inspections, plumbing repairs, electrical troubleshooting, janitorial services including floor cleaning, restroom maintenance, landscaping services including lawn mowing, shrub trimming, building and facilities upkeep including painting, minor repairs, etc.]. The scope includes [Included Tasks, e.g., all labor and materials for minor repairs up to $XXX, routine scheduled maintenance] and excludes [Excluded Tasks, e.g., major repairs requiring permits, replacement of major components, etc.].

Option B: The Contractor shall provide maintenance services as requested by the Client, subject to mutually agreed-upon work orders outlining specific tasks, timelines, and compensation.

Frequency:

Scheduled/Routine: [Frequency of Scheduled Maintenance, e.g., Weekly, Monthly, Quarterly].

Emergency: As needed, with a maximum response time of [Maximum Response Time, e.g., 2 hours, 4 hours].

Service Levels: The Services shall be performed in a professional and workmanlike manner, meeting the standards of [Industry Standards or Client-Specific Standards, e.g., generally accepted industry standards, Client’s internal maintenance guidelines].

2. Service Period and Hours

Option A: The Service Period shall be [Service Period, e.g., Daily, Weekly, Monthly] during the hours of [Daily Hours, e.g., 8:00 AM to 5:00 PM].

Option B: Services will be provided on an "as needed" basis as agreed upon between Client and Contractor in individual work orders.

Maximum Response Times for Urgent Repairs: [Maximum Response Time, e.g., 2 hours, 4 hours].

Scheduling Rules: [Scheduling Rules, e.g., All scheduled maintenance must be coordinated with the Client at least 48 hours in advance].

Georgia Holiday/Service Timeframe Policies: Services will [Be provided, Not be provided] on the following Georgia holidays: [List of Georgia Holidays]. Alternative scheduling options will be determined by mutual agreement.

3. Obligations and Compliance

Option A: Safety Protocols: The Contractor shall adhere to all applicable safety protocols, including [Specific Safety Protocols, e.g., wearing appropriate PPE, following lockout/tagout procedures].

Option B: Contractor is responsible for establishing and maintaining all applicable safety protocols.

Tool and Material Provision:

Client Responsibility: The Client shall provide all necessary tools and materials for the Services.

Contractor Responsibility: The Contractor shall provide all necessary tools and materials for the Services. Contractor will be reimbursed for materials as outlined in Section 5.

Compliance with Laws and Regulations: The Contractor shall comply with all applicable federal, state (including Georgia), and local laws, regulations, and codes, including but not limited to building codes, fire codes, OSHA regulations, and Georgia-specific environmental and safety codes. The Contractor shall maintain all required licenses and permits, including Georgia professional licenses for [Types of Maintenance Requiring Licenses, e.g., electrical, plumbing].

4. Subcontractors

Option A: The Contractor shall not use subcontractors without the prior written approval of the Client.

Option B: The Contractor may use subcontractors with prior notification to the client.

Subcontractor Compliance: All subcontractors shall comply with all applicable laws and regulations, including Georgia law, and shall provide proof of insurance and licensure to the Client upon request.

5. Compensation

Compensation Method:

Fixed Fee: The Client shall pay the Contractor a fixed fee of [Fixed Fee Amount] per [Frequency, e.g., month, quarter].

Hourly Rate: The Client shall pay the Contractor an hourly rate of [Hourly Rate].

Per-Job Rate: The Client shall pay the Contractor a per-job rate as specified in individual work orders.

Hybrid: A combination of [Compensation Elements, e.g., fixed fee for scheduled maintenance plus hourly rate for emergency repairs].

Minimum/Maximum Charges: [Minimum Charge Amount], [Maximum Charge Amount].

Call-Out/Standby Fees: [Call-Out Fee Amount], [Standby Fee Amount].

Georgia Sales and Use Tax Compliance: The Contractor is responsible for all applicable Georgia sales and use tax compliance.

Invoicing Procedures: The Contractor shall submit invoices to the Client [Invoice Frequency, e.g., weekly, bi-weekly, monthly]. Invoices must include [Required Documentation, e.g., date of service, description of services, hours worked, materials used, purchase receipts, before/after photos].

Reimbursement for Materials and Expenses: The Contractor shall be reimbursed for materials and expenses upon presentation of receipts. Reimbursement is limited to expenses pre-approved in writing by the Client.

Payment Schedule: The Client shall pay the Contractor within [Number] days of the invoice date.

Late Payment Penalties: Late payments shall accrue interest at the rate of [Interest Rate]% per month, or the maximum rate permitted by Georgia law.

6. Taxes and Benefits

Independent Contractor Status: The Contractor acknowledges and agrees that they are an independent contractor and not an employee of the Client. The Contractor is responsible for all applicable federal, state (including Georgia), and local taxes, including business license and tax ID obligations.

Unemployment Insurance and Workers' Compensation: The Contractor is responsible for obtaining and maintaining unemployment insurance and workers' compensation insurance (if required under Georgia law based on the number of employees).

Georgia State Filings: The Contractor is responsible for all required Georgia state filings for independent contractors.

7. Insurance

Required Insurance: The Contractor shall maintain the following insurance policies:

Commercial General Liability: [Coverage Amount].

Workers' Compensation (if required): [Coverage Amount].

Automobile Liability (if vehicles used): [Coverage Amount].

Additional Insured: The Client shall be listed as an additional insured on the Contractor's commercial general liability policy.

Certificates of Insurance: The Contractor shall provide certificates of insurance to the Client upon request.

8. Indemnification

The Contractor shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, and expenses (including attorney's fees) arising out of or relating to the Contractor's negligence, violation of law or code, or bodily injury/property damage, except to the extent caused by the Client's gross negligence.

9. Ownership and Confidentiality

Ownership of Work Product: All repairs or improvements made by the Contractor shall become the property of the Client upon payment.

Confidentiality: Any Client information received by the Contractor, including system codes, security details, or access instructions, is confidential. The Contractor shall comply with the Georgia Trade Secrets Act and all Client privacy procedures.

10. Change Orders

Changes to Services: Any changes to the Services must be requested in writing and approved by both the Client and the Contractor.

Extra-Cost Items: Approval of extra-cost items must be documented using written work authorizations.

11. Record Keeping

Contractor's Record Keeping: The Contractor shall maintain accurate records of all Services performed.

Client's Right to Inspect: The Client shall have the right to inspect the Contractor's records upon reasonable notice.

12. Term and Termination

Term: This Agreement shall commence on [Start Date] and shall continue for a term of [Term Length, e.g., one year].

Auto-Renewal: This Agreement shall [Automatically Renew, Not Automatically Renew] for successive terms of [Renewal Term Length, e.g., one year] unless either party provides written notice of non-renewal at least [Number] days prior to the expiration of the then-current term.

Termination for Cause: Either party may terminate this Agreement for cause upon written notice if the other party materially breaches this Agreement.

Termination for Convenience: The Client may terminate this Agreement for convenience upon [Number, e.g., 30] days written notice to the Contractor, in compliance with Georgia statutory notice requirements.

Duties Upon Termination:

Provide a final invoice for all outstanding services.

Return all Client property, including keys, access cards, and equipment.

Remove all Contractor equipment from the Client's premises.

Deliver all outstanding reports to the Client.

Transition/Handover Process: Upon termination, the Contractor shall cooperate with the Client to ensure a smooth transition of services to another contractor, if needed.

13. Governing Law and Dispute Resolution

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia.

Dispute Resolution:

Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation.

Mediation: If negotiation fails, the parties shall attempt to resolve the dispute through mediation in [City, Georgia].

Arbitration: If mediation fails, the dispute shall be resolved by binding arbitration in [City, Georgia] in accordance with the rules of the American Arbitration Association.

Venue and Jurisdiction: The venue for any litigation arising out of or relating to this Agreement shall be in [County Name] County, Georgia.

14. Anti-Discrimination and Worker Safety

The Contractor shall comply with all applicable anti-discrimination, EEO, and worker safety policies, including Georgia requirements. The Contractor shall comply with all lawful hiring and immigration status verification requirements under Georgia E-Verify statutes.

15. Audit Rights

If this Agreement involves Georgia public contracts, educational, or government facilities, the Client shall have the right to audit or inspect the Contractor's workplace.

16. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement due to a force majeure event, including severe weather or declared emergencies common in Georgia. The parties shall make reasonable arrangements for resuming services after a disruption.

17. Miscellaneous

Modifications: Any modifications to this Agreement must be in writing and signed by both parties.

Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Georgia Public Policy: This Agreement shall be interpreted in accordance with Georgia public policy.

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

____________________________

[Client Representative Name]

[Client Representative Title]

____________________________

[Contractor Representative Name]

[Contractor Representative Title]

***

Georgia Notary Acknowledgment (Optional):

State of Georgia, County of ____________________

On this _____ day of _______________, 20____, before me, the undersigned Notary Public, personally appeared [Client Representative Name], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the entity upon behalf of which the person acted, executed the instrument.

Witness my hand and official seal.

________________________________________

Notary Public

My Commission Expires: ____________________