Kansas maintenance independent contractor agreement template

Kansas Maintenance Independent Contractor Agreement

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

• [Client Legal Name], whose principal place of business is located at [Client Address] (“Client”), and
• [Contractor Legal Name], a [Contractor Business Entity Type, e.g., Sole Proprietorship, LLC], whose principal place of business is located at [Contractor Address] (“Contractor”).

1. Scope of Services

• The Contractor agrees to provide the following maintenance services to the Client:
  • Option A: [Description of Maintenance Services, e.g., Janitorial Services, Landscaping Services, HVAC Maintenance]
  • Option B: A detailed list of tasks and service frequencies is attached hereto as Exhibit A. [If applicable]
  • Option C: General building repairs as needed and approved in advance by the Client.
  • Measurable quality standards: [Description of Quality Standards]

2. Location(s) of Service

• The services will be performed at the following location(s) in Kansas:
  • Option A: [Address of Property 1]
  • Option B: [Address of Property 2]
  • Option C: All locations listed in Exhibit B. [If applicable]
• On-Site Protocols:
  • Option A: Contractor shall adhere to all site-specific protocols provided by the Client.
  • Option B: Contractor shall comply with all applicable safety procedures according to local Kansas codes.
  • Option C: Client will provide required protective equipment. [If applicable]

3. Service Schedule and Response Time

• The Contractor shall provide services according to the following schedule:
  • Option A: [Days of Week], [Hours of Day]
  • Option B: As mutually agreed upon between the Client and the Contractor.
  • Option C: As scheduled per work order requests.
• Response Time:
  • Option A: For emergency services, the Contractor shall respond within [Number] hours.
  • Option B: For routine maintenance, the Contractor shall respond within [Number] business days.

4. Compensation and Payment

• The Client shall compensate the Contractor as follows:
  • Option A: [Hourly Rate] per hour
  • Option B: [Flat Rate] per visit
  • Option C: Per project, according to the rate schedule attached hereto as Exhibit C. [If applicable]
• Payment Terms:
  • Option A: Net 15 days from receipt of invoice.
  • Option B: Net 30 days from receipt of invoice.
• Kansas Sales or Use Tax:
  • Option A: Contractor is responsible for collecting and remitting all applicable Kansas sales or use taxes.
  • Option B: Client will remit sales tax directly to the state of Kansas. [If applicable]
• Late Payment Penalties:
  • Option A: Late payments will be subject to a [Percentage]% interest rate per month.
  • Option B: A late fee of [Dollar Amount] will be assessed for payments received more than [Number] days past due.

5. Insurance

• The Contractor shall maintain the following insurance coverage:
  • General Liability Insurance: [Dollar Amount] per occurrence
  • Worker's Compensation Insurance: As required by Kansas law, if applicable.
  • Auto Liability Insurance: [Dollar Amount] combined single limit.
  • Additional Insured: The Client shall be named as an additional insured on the Contractor's General Liability policy.
  • Proof of insurance shall be provided to client prior to commencement of work.

6. Incident Reporting

• In the event of any incident, damage, injury, or accident, the Contractor shall:
  • Option A: Immediately notify the Client.
  • Option B: Submit a written report to the Client within [Number] hours.

7. Record Keeping

• The Contractor shall maintain accurate and complete records of all services performed, including:
  • Service logs/work orders
  • Before/after photos
  • Incident reports
  • Attendance records

8. Independent Contractor Status

• The Contractor is an independent contractor and not an employee of the Client. The Client will not be responsible for withholding any federal, state (Kansas), or local taxes. The Contractor is responsible for all such taxes.
• Contractor acknowledges understanding of the Kansas Department of Labor's independent contractor criteria.

9. Compliance with Laws

• The Contractor shall comply with all applicable Kansas laws, regulations, building codes, environmental and hazardous waste disposal rules (KDHE), OSHA standards, and local ordinances.
• Contractor shall maintain all licenses and permits required under Kansas law for the services provided.

10. Confidentiality

• The Contractor agrees to keep confidential all information related to the Client's business, including data on building access, security codes, or tenant/business operations.
• Contractor shall sign a separate confidentiality agreement if required by Client. [If applicable]

11. Subcontractors

• The Contractor may hire subcontractors, but shall ensure that all subcontractors comply with Kansas law and the terms of this Agreement, including insurance requirements.

12. Breach and Remedies

• In the event of a breach of this Agreement, the non-breaching party shall have the following remedies:
  • Option A: Termination of the Agreement
  • Option B: Monetary damages
  • Option C: Specific performance
• Cure Period:
  • Option A: The breaching party shall have [Number] days to cure the breach.
  • Option B: No cure period.

13. Indemnification

The Contractor shall indemnify and hold harmless the Client from and against any and all claims, damages, liabilities, costs, and expenses arising out of the Contractor's acts or omissions.

14. Term and Termination

• This Agreement shall commence on [Start Date] and shall continue until [End Date].
• Termination:
  • Option A: Either party may terminate this Agreement upon [Number] days written notice.
  • Option B: The Client may terminate this Agreement immediately for cause.

15. Governing Law and Dispute Resolution

• This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas.
• Dispute Resolution:
  • Option A: Any dispute shall be resolved through negotiation.
  • Option B: If negotiation fails, the dispute shall be submitted to mediation in [County Name] County, Kansas.
  • Option C: If mediation fails, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
• Venue:
  • Option A: The exclusive venue and jurisdiction for any legal action shall be in the state and federal courts located in [County Name] County, Kansas.

16. Amendment and Waiver

• This Agreement may be amended only by a written instrument signed by both parties.
• No waiver of any provision of this Agreement shall be effective unless in writing.

17. Intellectual Property

• Any intellectual property created by the Contractor in connection with the services provided under this Agreement shall be owned by the Client.
  • Limited to materials created specifically for client.

18. Non-Solicitation/Non-Competition [Optional Clause]

• During the term of this Agreement and for a period of [Number] months following termination, the Contractor shall not solicit or attempt to solicit any of the Client’s employees or customers.
• Contractor will not engage in similar competing business within [Number] miles of Client for [Number] months following termination of this contract.

19. Background Checks/Drug Testing [Optional Clause]

The Contractor and all subcontractors shall submit to background checks and drug testing as required by the Client.

20. Handling and Disposal of Materials/Chemicals

• The Contractor shall be responsible for the proper handling and disposal of all materials and chemicals in compliance with Kansas Department of Health and Environment rules.
• The Contractor bears the cost of disposal of hazardous materials.

21. Cooperation with Inspections/Audits

The Contractor shall cooperate with Client inspectors, insurers, or regulatory authorities for periodic audits or performance reviews.

22. Representations and Warranties

Both parties represent and warrant that they have the authority and capacity to enter into this Agreement.

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

____________________________

[Client Legal Name]

By: [Client Representative Name]

Title: [Client Representative Title]

____________________________

[Contractor Legal Name]

By: [Contractor Representative Name]

Title: [Contractor Representative Title]