Illinois maintenance independent contractor agreement template

Illinois Maintenance Independent Contractor Agreement

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

[Client Name], residing at [Client Address], with phone number [Client Phone] and email address [Client Email] (hereinafter referred to as "Client"),

and

[Contractor Name], residing at [Contractor Address], with phone number [Contractor Phone] and email address [Contractor Email] (hereinafter referred to as "Contractor").

Description of Services

The Contractor shall provide the following maintenance services to the Client: [Detailed Description of Services, e.g., Janitorial, Mechanical/Equipment, HVAC, Building and Facility Upkeep, Landscaping, Specialized Systems Maintenance, including Task Lists, Performance Standards, and Service Specifications]

Option A: Contractor shall provide all necessary equipment and supplies, except for [List of Client-Provided Equipment/Supplies].

Option B: Client shall provide all necessary equipment and supplies.

Option C: The Contractor will be responsible for procuring specified materials and supplies up to a maximum of [Dollar Amount] per month, with Client approval required for expenditures exceeding this amount.

Service Locations

The services shall be performed at the following location(s) within Illinois: [Complete Property Addresses].

Access Rules: [Specific access rules, working hours, and on-site procedures].

Emergency Access: The contractor must provide emergency access to the property within [Number] hours.

Scheduling

Regular Service Interval: [Define the service schedule, e.g., weekly, monthly, quarterly].

One-Time Projects: [Specify how one-time projects will be handled, e.g., separate proposals, included in the agreement].

Emergency Response Time: [Define required response times for emergency maintenance or repairs].

Reporting: [Reporting/follow-up expectations].

Deliverables

Completion Timelines: [Specify completion timelines for various tasks].

Inspection Procedures: [Describe the inspection process].

Acceptance Criteria: [Outline the criteria for acceptance of completed work].

Reporting Forms: [Specify the work reporting forms to be used].

Service Logs: The Contractor shall maintain detailed service logs, work order documentation, and Client verification.

Independent Contractor Status

The Contractor is an independent contractor and not an employee, agent, or partner of the Client.

The Contractor is responsible for their own tax and insurance liabilities.

The Contractor is not entitled to any employment benefits from the Client.

Option A: Contractor warrants that they are properly classified under the Illinois Employee Classification Act and the Internal Revenue Code as an independent contractor.

Option B: The Contractor shall provide documentation of their independent contractor status upon request by the Client.

Payment

The method of service fee calculation is: [Hourly, Fixed Rate, Per Project, or Per-Call].

Payment Schedule: [Define the payment schedule, e.g., bi-weekly, monthly].

Invoicing Requirements: [Specify invoicing requirements compliant with Illinois tax law, including Gross Receipts/Sales Tax].

Late Payment Penalties: [Define late payment penalties].

The Contractor will adhere to Illinois Department of Revenue reporting requirements and use W-9 and issue Form 1099-NEC as required under Illinois and federal law.

Costs and Expenses

Allocation of costs for travel, equipment rental, parking, waste disposal, or disposal of hazardous materials: [Specify which party is responsible for each cost].

Contractor is responsible for all related cost according to Illinois environmental and workplace regulations.

Insurance

The Contractor shall maintain the following insurance coverage:

Commercial General Liability Insurance: [Minimum Coverage Amount].

Workers’ Compensation Insurance (if applicable): [Minimum Coverage Amount].

Automobile Liability Insurance (if relevant): [Minimum Coverage Amount].

The Contractor shall provide certificates of insurance naming the Client as an additional insured.

Indemnification and Liability

The Contractor shall indemnify the Client for personal injury, property damage, worker injury, or regulatory violations arising from services.

The Contractor is obligated under Illinois law for workplace safety, hazardous material handling, and environmental compliance.

Compliance with Laws

The Contractor shall comply with all applicable Illinois laws, ordinances, building codes, and maintenance industry regulations, including OSHA, city/county permitting, and union/labor compliance if applicable.

Option A: The Contractor shall obtain and maintain all necessary licenses and permits required to perform the services under this agreement.

Option B: The Client shall be responsible for obtaining required permits, and the contractor shall comply with them.

Ownership of Work Product and Confidentiality

All service records, reports, and client property remain the exclusive property of the Client.

The Contractor shall maintain confidentiality regarding sensitive client information or property access codes.

Non-Solicitation/Non-Compete: [Include non-solicitation or non-compete language compliant with the Illinois Freedom to Work Act and recent non-compete law updates, if applicable].

Subcontracting

Subcontracting is permitted only with written client approval.

The Contractor is responsible for documentation of subcontractor qualifications and proof of insurance (with Illinois compliance for all third parties).

Background Checks: [Specify requirements for criminal background checks if services are performed in sensitive environments].

Term and Termination

Contract Term: [Fixed Period, Renewable, Indefinite].

Start Date: [Date].

End Date: [Date] (if applicable).

Termination for Cause: [Specify grounds for termination for cause, e.g., breach, poor performance, non-compliance].

Termination for Convenience: Either party may terminate the agreement with [Number] days written notice.

Obligations Upon Termination: [Return of keys, badges, records, phase-out/transition assistance].

Breach

Notice Requirements: [Specify notice requirements for breach].

Cure Periods: [Define cure periods for addressing breach].

Liquidated Damages: [Specify if liquidated damages apply].

Client Remedies: [Outline client remedies for persistent underperformance].

Dispute Resolution

Mandatory Negotiation: The parties agree to attempt to resolve any disputes through good-faith negotiation.

Mediation/Arbitration Preference: [Preference for Illinois-based mediation or arbitration].

Choice of Law and Venue: Illinois law and local courts shall govern this agreement.

Force Majeure

Force Majeure events include fire, flood, labor strikes, public health orders, or other unforeseen disruptions.

The affected party shall provide prompt notice to the other party.

Duty of Care and Security

The Contractor shall maintain neatness, safety compliance, and client communication.

Security Requirements: [Badging, sign-in/out logs, tool inventory].

Notices and Amendments

All notices shall be in writing and delivered by [Method of Service, e.g., certified mail, email].

Amendments must be in writing and signed by both parties.

Compliance with Illinois Workers' Compensation Act and Employee Classification Act

The Contractor affirms compliance with the Illinois Workers’ Compensation Act and the Illinois Employee Classification Act.

Contractor represents and warrants regarding taxes, insurance, and compliance with all obligations, specifically verifying independent contractor status.

Records Retention

The Contractor shall retain service records, work logs, and billing documentation for [Number] years.

The Client shall have access to these records during audits or litigation.

Illinois Mechanics Lien Act

The Contractor shall provide lien waivers and releases as required under the Illinois Mechanics Lien Act.

The Contractor is responsible for statutory notice requirements.

Special Requirements

[Any special client or facility requirements, such as COVID-19 protocols, environmental sustainability standards (per Illinois Green Cleaning Schools Act), or union access rules, are expressly incorporated as addenda or referenced exhibits].

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

[Client Name]

By: [Client Signature]

Title: [Client Title]

[Contractor Name]

By: [Contractor Signature]

Title: [Contractor Title]