Idaho maintenance independent contractor agreement template

Idaho Maintenance Independent Contractor Agreement

This 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], whose business address is [Contractor Address], possessing Idaho Business Registration Number [Idaho Business Registration Number] (if applicable) and, if required, Idaho Contractor License Number [Idaho Contractor License Number], hereinafter referred to as "Contractor."

1. Services

Contractor agrees to provide the following maintenance services (the "Services") at [Property Address or Description of Location]:

Option A: General Maintenance and Repair.

Detailed Description: [Detailed description of general maintenance and repair services]

Option B: Specific Maintenance Tasks.

List of Tasks:

HVAC Servicing: [Details of HVAC servicing, including frequency and specific tasks]

Electrical/Lighting Repair: [Details of electrical and lighting repair, including response times]

Plumbing: [Details of plumbing services, including emergency services]

Janitorial: [Details of janitorial services, including frequency and scope]

Landscaping: [Details of landscaping services, including frequency and tasks]

Painting: [Details of painting services, including scope and materials]

Emergency Call-Out Services: [Details of emergency call-out services, including response times and contact procedures]

Routine Inspections: [Details of routine inspections, including frequency and reporting]

Preventative Maintenance: [Details of preventative maintenance tasks]

Equipment Replacement: [Details of equipment replacement services]

Waste Removal: [Details of waste removal services]

Performance Standards: All Services shall be performed in accordance with industry standards and in compliance with all applicable Idaho building codes, OSHA safety standards, environmental regulations, and local Boise (or other municipal) ordinances.

2. Service Schedule and Reporting

Option A: Defined Schedule.

The Services shall be performed according to the following schedule: [Detailed schedule of service performance].

Option B: As-Needed Basis.

The Services shall be performed on an as-needed basis, with response times as follows: Routine requests: [Response Time for Routine Requests]; Emergency requests: [Response Time for Emergency Requests].

Reporting Procedure: Contractor shall provide [Frequency] reports to Client, detailing the Services performed. Reports shall be submitted via [Method of Submission] and include [Required Information in Reports].

Work Order Process: All work must be authorized by a work order issued by the Client. The work order will include: [Details of what must be included in the work order].

3. Materials and Parts

Option A: Contractor Provides.

Contractor shall be responsible for providing all materials and parts necessary to perform the Services.

Option B: Client Provides.

Client shall provide all materials and parts necessary to perform the Services.

Material Approval: If Contractor provides materials, all purchases exceeding [Dollar Amount] require prior Client approval. Ownership of purchased materials resides with [Client/Contractor].

4. Location and Access

Service Location: The Services shall be performed at [Client's Premises/Contractor's Place of Business/Both].

Property Access: Client shall provide Contractor with [Keys/Access Cards/Security Procedures] to access the property.

Contractor Parking: Designated parking for Contractor is [Description of parking arrangement].

Storage: Contractor [Is/Is Not] permitted to store equipment and materials on Client's property. If permitted, storage location is [Description of Storage Location].

5. Compensation

Option A: Hourly Rate.

Contractor shall be compensated at an hourly rate of [Dollar Amount].

Option B: Per-Task/Project.

Contractor shall be compensated per task/project as outlined in Exhibit A (attached).

Option C: Monthly/Retainer.

Contractor shall be compensated a monthly/retainer fee of [Dollar Amount].

Expense Reimbursement: Contractor shall be reimbursed for reasonable and necessary expenses, pre-approved by Client, with valid receipts.

Idaho Sales and Use Tax: Contractor is responsible for all applicable Idaho sales and use taxes.

Invoice Cycle: Contractor shall submit invoices [Frequency], detailing Services performed and expenses incurred.

Invoice Format: Invoices shall include [Required Information on Invoices].

Payment Schedule: Client shall pay invoices within [Number] days of receipt.

Late Payment Interest: Late payments shall accrue interest at a rate of [Percentage] per month, or the maximum rate allowed by Idaho law, whichever is lower.

Deposit/Advance: [Is/Is Not] a deposit/advance required. If yes, the amount is [Dollar Amount] and the terms are: [Terms of Deposit/Advance].

6. Independent Contractor Status

It is expressly understood and agreed that Contractor is an independent contractor and not an employee of Client. Nothing in this Agreement shall be construed as creating an employer-employee relationship, partnership, joint venture, or agency relationship between the parties.

Contractor is not entitled to any employee benefits, including but not limited to health insurance, paid time off, or retirement plans.

Contractor is responsible for all federal and Idaho state/local taxes, unemployment contributions, worker’s compensation (unless exempt under Idaho statutes), insurance, licenses, and bonding.

Contractor shall provide proof of general liability insurance of at least [Dollar Amount], vehicle insurance (if applicable), and professional liability insurance (if applicable) with Client named as "additional insured" where necessary. Copies of insurance certificates are attached.

7. Intellectual Property and Confidentiality

All maintenance records, reports, and installed equipment shall become the property of Client.

Contractor shall maintain the confidentiality of all sensitive Client/property information and shall not disclose such information to any third party. Contractor must comply with all applicable Idaho and federal data privacy laws.

8. Subcontracting and Personnel

Contractor [May/May Not] subcontract or assign any portion of the Services. If subcontracting is permitted, Client approval is required for each subcontractor.

All subcontractors must meet the same qualifications and insurance requirements as the Contractor, and must be registered in Idaho if required by Idaho law.

Contractor is responsible for ensuring that all personnel performing Services are qualified and have passed any required background checks.

9. Health, Safety, and Environment

Contractor shall comply with all applicable Idaho safety, EPA, and hazardous materials standards.

Contractor shall use appropriate personal protective equipment (PPE) at all times.

Contractor shall immediately report any accidents, property damage, or environmental incidents to Client.

Contractor shall follow Safe Waste Disposal procedures in accordance with Idaho DEQ regulations.

10. Indemnification

Contractor shall indemnify and hold Client harmless from any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of or relating to Contractor’s negligence, willful misconduct, or breach of this Agreement. This includes, but is not limited to, property damage, bodily injury, or regulatory violations.

Contractor shall cooperate with Client in the investigation and defense of any claims.

11. Warranty

Contractor warrants that all workmanship shall be free from defects for a period of [Number] [Days/Months/Years] from the date of completion.

This warranty does not cover damage caused by misuse, abuse, or normal wear and tear.

Contractor shall, at its own expense, remedy any defects in workmanship discovered during the warranty period.

12. Termination

Option A: Termination for Convenience.

Either party may terminate this Agreement for any reason upon [Number] days written notice to the other party.

Option B: Termination for Cause.

Client may terminate this Agreement immediately for cause, including but not limited to non-performance, criminal conduct, property misuse, or regulatory violations.

Client may withhold payments for incomplete or substandard work.

Upon termination, Contractor shall return all access credentials, remove all tools and equipment from Client's property, and submit a final report.

13. Dispute Resolution

The parties shall attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiation.

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

If mediation fails, the parties may pursue arbitration or litigation in the appropriate Idaho state court.

This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. Venue for any legal action shall be in [County Name] County, Idaho.

14. Compliance with Laws

Contractor shall comply with all applicable Idaho laws, administrative rules, and local ordinances, including but not limited to registration requirements, lien rights, construction defect statutes, and local building/permit requirements.

Contractor shall also comply with any client-specific rules for property maintenance, noise, hours, and interaction with tenants/occupants.

15. Non-Exclusivity

Nothing in this Agreement shall prevent Contractor from working for other clients.

However, Contractor shall not solicit Client’s employees or customers for a period of [Number] [Days/Months/Years] following termination of this Agreement.

16. Other Provisions

Document Retention: Contractor shall retain all records related to the Services in accordance with Idaho law.

Inspection: Client has the right to inspect the work at any reasonable time.

Client-Supplied Tools/Materials: Contractor is responsible for the proper use and care of any tools or materials supplied by Client.

Waste/Hazardous Materials Disposal: Contractor is responsible for the proper disposal of all waste and hazardous materials in accordance with Idaho DEQ regulations.

Updates: Contractor shall provide regular updates to Client regarding scheduling, unexpected problems, or supply delays.

17. Equal Opportunity

Contractor shall comply with all applicable equal opportunity, non-discrimination, and EEO laws and regulations in hiring and employment practices.

18. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter hereof.

19. Signatures

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

____________________________

[Client Name], Client

____________________________

[Date]

____________________________

[Contractor Name], Contractor

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[Date]