Iowa maintenance independent contractor agreement template

Iowa Maintenance Independent Contractor Agreement

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

Client:

• Legal Name: [Client Legal Name]
• Business Structure (if applicable): [Client Business Structure, e.g., LLC]
• Address: [Client Address]
• Phone: [Client Phone]
• Email: [Client Email]

and

Contractor:

• Legal Name: [Contractor Legal Name]
• Business Structure (if applicable): [Contractor Business Structure, e.g., Sole Proprietorship, LLC]
• Address: [Contractor Address]
• Phone: [Contractor Phone]
• Email: [Contractor Email]
• Registration/Licensing Number(s) (if applicable, specify type and number): [Contractor License Number]

1. Scope of Services

The Contractor agrees to provide the following maintenance services (the “Services”) at the following location(s) in Iowa:

• Option A: General Property Maintenance: [Detailed Description of General Maintenance Services, Locations and Frequency]
• Option B: HVAC Servicing: [Detailed Description of HVAC Services, Locations and Frequency]
• Option C: Plumbing Repairs: [Detailed Description of Plumbing Services, Locations and Frequency]
• Option D: Electrical Work: [Detailed Description of Electrical Services, Locations and Frequency]
• Option E: Janitorial Services: [Detailed Description of Janitorial Services, Locations and Frequency]
• Option F: Seasonal Tasks (Snow Removal, Landscaping): [Detailed Description of Seasonal Tasks, Locations and Frequency]

Specific details regarding the Services include:

• Frequency of Services: [Frequency of Services, e.g., One-Time, Recurring, As-Needed]
• Response Time Standards: [Response Time Standards, e.g., Within 24 Hours for Emergencies]
• Emergency Service Expectations: [Emergency Service Expectations, e.g., Available 24/7]
• Supplies and Equipment Responsibilities: [Responsibility for Supplies and Equipment, e.g., Contractor Provides All, Client Provides Some]
• Worksite Access Protocols: [Worksite Access Protocols, e.g., Keys Provided, Tenant Contact Required]
• Standards for Workmanship: [Standards for Workmanship, Cleanliness, Safety]
• Compliance with Iowa Building Codes and Ordinances: The Contractor shall comply with all applicable Iowa building codes and ordinances.

2. Iowa-Specific Licensing and Permits

• The Contractor is responsible for obtaining and maintaining all required Iowa licenses and permits necessary to perform the Services, including but not limited to [List Specific Iowa Licenses/Permits Required].
• Option A: Subcontractors Permitted: The Contractor may subcontract portions of the Services with the Client’s prior written approval. The Contractor is responsible for the actions and compliance of all subcontractors.
• Option B: Subcontractors Not Permitted: The Contractor shall not subcontract any portion of the Services.

3. Compensation and Payment

• Option A: Hourly Rate: The Contractor shall be paid at an hourly rate of [Hourly Rate] per hour.
• Option B: Per Task: The Contractor shall be paid a fixed fee of [Fee Amount] per task as described in Schedule A.
• Option C: Monthly Retainer: The Contractor shall be paid a monthly retainer of [Retainer Amount].
• Option D: Project-Based: The Contractor shall be paid a fixed fee of [Project Fee Amount] for the completion of the project as described in Schedule B.
• Rates for Emergency Work: [Emergency Work Rate, e.g., 1.5x Standard Rate]
• Chargeable Materials/Supplies: [Markup Percentage or Flat Fee for Materials]
• Invoicing Procedures: The Contractor shall submit invoices [Frequency, e.g., Monthly] to the Client. Invoices shall include [Required Documentation, e.g., Work Logs, Time Sheets].
• Payment Terms: The Client shall pay the Contractor within [Number] days of receipt of a valid invoice.
• Late Payment Penalties: A late payment penalty of [Late Payment Penalty, e.g., 1.5% per month] will be applied to overdue invoices.
• Iowa Sales/Service Taxes: The Contractor is responsible for remitting all applicable Iowa sales or service taxes and will provide the Client with a completed IRS Form W-9, if applicable.

4. Independent Contractor Status

The parties agree that the Contractor is an independent contractor and not an employee of the Client. This Agreement shall not be construed as creating an employer-employee relationship. The Contractor is solely responsible for all federal, state, and local taxes, including self-employment taxes, and shall not be entitled to any employee benefits, including but not limited to workers’ compensation or unemployment insurance. This provision is intended to align with Iowa Code § 85.61(11). Contractor hereby waives any rights to such benefits.

5. Insurance

The Contractor shall obtain and maintain the following insurance coverage:

• General Liability Insurance: [Minimum Coverage Amount]
• Workers’ Compensation Insurance: As required by Iowa law.
• Auto Insurance: If transporting equipment between sites, [Minimum Coverage Amount]

The Client shall be named as an additional insured on the Contractor's general liability policy, if applicable. The Contractor shall provide proof of insurance coverage to the Client upon request.

6. Safety and Compliance

The Contractor shall comply with all applicable OSHA regulations, Iowa workplace safety regulations, and industry best practices for maintenance activities. This includes site safety plans, use of personal protective equipment, hazard communication, and reporting of injuries or incidents. The Contractor is responsible for obtaining any necessary permits or providing notifications required under Iowa state and local laws for significant repair or maintenance work.

7. Confidentiality

The Contractor shall maintain the confidentiality of the Client's property information, security codes, tenant lists, and any proprietary maintenance procedures. The Contractor shall comply with all applicable Iowa privacy laws.

8. Ownership of Materials

Ownership of all materials, replacement parts, or custom fabrications used or created during the Services shall vest with [Client or Contractor, Specify]. Leftover or removed items shall be handled or disposed of according to [Specify Disposal Method].

9. Enforcement and Breach

• In the event of unacceptable work quality, missed deadlines, property damage, non-compliance with Iowa law, or other breaches of this Agreement, the Client shall have the right to:
• Withhold payment.
• Require corrections.
• Terminate the Agreement.
• Assess actual damages or liquidated damages (if agreed upon, specify amount: [Liquidated Damages Amount])

10. Term and Termination

• Term: This Agreement shall commence on [Start Date] and shall continue for a term of [Duration].
• Option A: Automatic Renewal: This Agreement shall automatically renew for successive terms of [Renewal Term] unless either party provides written notice of termination at least [Number] days prior to the end of the current term.
• Option B: No Automatic Renewal: This agreement will end on the expiration date and will not automatically renew.
• Termination: Either party may terminate this Agreement with [Number] days written notice.
• Termination for Cause: Either party may terminate this Agreement immediately for cause, including but not limited to breach of contract or violation of Iowa law.
• Final Invoicing and Payment: Upon termination, the Contractor shall submit a final invoice, and the Client shall pay all outstanding amounts within [Number] days.
• Return of Property: Upon termination, the Contractor shall return all keys, tools, passes, and materials belonging to the Client.

11. Dispute Resolution

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

• First, the parties shall attempt to resolve the dispute through good-faith negotiation.
• If negotiation fails, the parties shall attempt to resolve the dispute through mediation.
• If mediation fails, the dispute shall be resolved through [Binding Arbitration or Litigation] exclusively in the courts of Iowa. This Agreement shall be construed under Iowa state law.

12. Notices

All notices required or permitted under this Agreement shall be in writing and shall be deemed effective upon:

• Personal Delivery
• E-mail Transmission
• Certified Mail, Return Receipt Requested

Principal Contacts:

• Client: [Client Name], [Client Email]
• Contractor: [Contractor Name], [Contractor Email]

13. Work Eligibility

The Contractor certifies that they are lawfully eligible to work in the United States and will comply with all applicable Iowa immigration and labor regulations.

14. Non-Solicitation

The Contractor shall not solicit the Client's tenants or other clients during or after the term of this Agreement.

15. Amendment

This Agreement may be amended or modified only by a written agreement signed by both parties.

16. Miscellaneous

• Non-Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• Force Majeure: Neither party shall be liable for any failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, or government regulation.

Each party acknowledges that they have read and understood this Agreement, and that they have had the opportunity to consult with legal counsel prior to signing.

Client Signature: ____________________________ Date: ____________

Client Printed Name: [Client Printed Name]

Contractor Signature: ____________________________ Date: ____________

Contractor Printed Name: [Contractor Printed Name]