Indiana maintenance independent contractor agreement template

Indiana Maintenance Independent Contractor Agreement

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

• [Client Full Legal Name/Business Name], residing at/with a principal place of business at [Client Address], Indiana, with phone number [Client Phone Number] and email address [Client Email] (hereinafter referred to as "Client"), Indiana business registration number (if applicable): [Client Business Registration Number].

AND

• [Contractor Full Legal Name/Business Name], residing at/with a principal place of business at [Contractor Address], Indiana, with phone number [Contractor Phone Number] and email address [Contractor Email] (hereinafter referred to as "Contractor"), Indiana business registration number (if applicable): [Contractor Business Registration Number].

1. Scope of Services

The Contractor agrees to provide the following maintenance services to the Client at the locations specified in Section 3:

• Option A: General Maintenance and Repair:
  • Including but not limited to: Minor plumbing repairs, minor electrical repairs, painting, drywall repair, and general upkeep of the property.
• Option B: HVAC Maintenance:
  • Including but not limited to: Inspection, cleaning, and repair of HVAC systems in accordance with manufacturer specifications and applicable Indiana codes.
• Option C: Landscaping Services:
  • Including but not limited to: Lawn mowing, trimming, weeding, fertilization, and other landscaping services as needed.
• Option D: Custodial Services:
  • Including but not limited to: Cleaning, sanitizing, trash removal, and general maintenance of cleanliness of the property.
• Option E: Specialized Services: [Specify Specialized Services, e.g., Pool Maintenance, Pest Control, etc.]

The specific details of the services to be provided, including frequency, scope, and required materials, will be outlined in individual work orders or as otherwise agreed upon in writing by both parties.

2. Service Standards and Certifications

The Contractor shall perform all services in a professional and workmanlike manner, in accordance with industry standards and applicable Indiana laws and regulations.

• Option A: Required Certifications/Licenses:
  • The Contractor shall maintain all required licenses and certifications for the services provided, including but not limited to [List specific Indiana licenses, e.g., Plumbing License, Electrical License, Pesticide Applicator License]. Proof of current licenses and certifications shall be provided to the Client upon request.
• Option B: Product Warranties:
  • The Contractor shall provide warranties on all materials and workmanship for a period of [Number] days/months/years from the date of completion, as required by Indiana law.
• Option C: Response Times:
  • The Contractor shall respond to service requests within [Number] hours during normal business hours and [Number] hours for emergency requests.
• Option D: Reporting and Recordkeeping:
  • The Contractor shall maintain accurate records of all services performed, including dates, times, descriptions of work, and materials used, in compliance with Indiana health and safety laws.

3. Work Locations and Access

The services will be performed at the following locations:

• Option A: Specific Addresses:
  • [Address 1], Indiana
  • [Address 2], Indiana
• Option B: Scope of Area:
  • Various locations within [City/County], Indiana, as directed by the Client.
• Option C: Access & On-Site Conduct:
  • The Client shall provide the Contractor with access to the properties during reasonable hours, as agreed upon in advance. The Contractor shall adhere to all on-site rules and regulations, including safety guidelines as per Indiana OSHA standards.

4. Compensation

The Client shall compensate the Contractor for the services provided as follows:

• Option A: Hourly Rate:
  • $[Hourly Rate] per hour for regular hours.
• Option B: Per-Call Basis:
  • $[Fixed Fee] per service call.
• Option C: Project Basis:
  • $[Project Fee] per project, as agreed upon in writing prior to commencement of work.
• Option D: Retainer Basis:
  • $[Retainer Fee] per [Month/Quarter/Year], covering [Specific Services Included].
• Option E: Overtime/Holiday/Emergency Rates:
  • Overtime (more than 40 hours in a week) will be billed at 1.5x the regular rate. Holiday and emergency call-out rates will be 2x the regular rate.

The Contractor shall submit invoices to the Client on a [Weekly/Bi-Weekly/Monthly] basis, with payment due within [Number] days of receipt of the invoice. Late payments shall be subject to a penalty of [Percentage]% per month. The Contractor is responsible for all applicable Indiana state and local taxes.

5. Equipment and Materials

• Option A: Contractor Responsibility:
  • The Contractor shall be responsible for providing all necessary equipment, tools, and materials to perform the services, unless otherwise agreed upon in writing.
• Option B: Client Responsibility:
  • The Client shall provide all necessary equipment, tools, and materials to perform the services.
• Option C: Material Reimbursement:
  • If the Contractor purchases materials on behalf of the Client, the Client shall reimburse the Contractor for the cost of the materials, plus a [Percentage]% markup.

All equipment and materials shall meet industry standards and comply with applicable Indiana environmental and safety codes.

6. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. The Client shall not control or direct the manner or means by which the Contractor performs the services.

• Option A: Control Over Work:
  • The Contractor has the sole right to control and direct the manner and means by which the services are performed.
• Option B: Right to Accept Other Assignments:
  • The Contractor has the right to accept other assignments from other clients.
• Option C: Responsibility for Taxes and Insurance:
  • The Contractor is responsible for paying all applicable taxes, including self-employment taxes, and for providing workers' compensation, unemployment insurance, and health insurance for its employees, if any.

7. Indemnification and Insurance

The Contractor shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, and expenses arising out of or relating to the Contractor's performance of the services.

• Option A: Insurance Requirements:
  • The Contractor shall maintain commercial general liability insurance with a minimum coverage of $[Amount] per occurrence and $[Amount] in the aggregate, naming the Client as an additional insured if required.
• Option B: Liability for Damages:
  • The Contractor shall be liable for any property damage or personal injury caused by its negligence or willful misconduct.

8. Termination

This Agreement may be terminated as follows:

• Option A: Termination for Cause:
  • Either party may terminate this Agreement for cause upon written notice to the other party if the other party breaches any material provision of this Agreement and fails to cure such breach within [Number] days after receipt of written notice of such breach.
• Option B: Termination for Convenience:
  • Either party may terminate this Agreement for convenience upon [Number] days written notice to the other party.
• Option C: Exit Obligations:
  • Upon termination of this Agreement, the Contractor shall return all Client property and records, and shall complete any unfinished work to the extent possible, as agreed upon by both parties.

9. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved as follows:

• Option A: Negotiation:
  • The parties shall first attempt to resolve the dispute through direct negotiation.
• Option B: Mediation:
  • If negotiation fails, the parties shall attempt to resolve the dispute through mediation in [City], Indiana.
• Option C: Arbitration:
  • If mediation fails, the dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration taking place in [City], Indiana.

This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. Exclusive jurisdiction and venue for any legal action shall be in [County] County, Indiana.

10. Service-Specific and Local Compliance Clauses

• Option A: Environmental Compliance:
  • The Contractor shall comply with all applicable Indiana Department of Environmental Management (IDEM) regulations, including those related to hazardous waste disposal.
• Option B: Background Checks:
  • If providing services at residential properties or sensitive facilities, the Contractor and its employees shall undergo background checks as required by the Client and applicable Indiana law.
• Option C: Prevailing Wage:
  • If this Agreement involves work on a public works project subject to Indiana's prevailing wage laws, the Contractor shall comply with all such laws.

11. Confidentiality and Non-Solicitation

The Contractor shall maintain the confidentiality of all Client information and shall not solicit the Client's tenants, vendors, or employees during the term of this Agreement and for a period of [Number] years thereafter.

• Option A: Non-Compete Clause:
  • The Contractor agrees not to compete with the Client within a [Number] mile radius of the Client's business for a period of [Number] years after the termination of this Agreement.

12. Miscellaneous

• Option A: Amendments:
  • This Agreement may be amended only by a written instrument signed by both parties.
• Option B: Waiver:
  • No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
• Option C: Force Majeure:
  • Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, or natural disasters.
• Option D: Entire Agreement:
  • This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

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

[Client Full Legal Name/Business Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title, e.g., Owner, Manager]

[Contractor Full Legal Name/Business Name]

By: [Contractor Signature]

Name: [Contractor Printed Name]

Title: [Contractor Title, e.g., Owner, Manager]