Kentucky maintenance independent contractor agreement template

Kentucky Maintenance Independent Contractor Agreement

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

• [Client Legal Name], located at [Client Address], with contact number [Client Phone Number] (the "Client"), and
• [Contractor Legal Name], located at [Contractor Address], with contact number [Contractor Phone Number] (the "Contractor").

1. Scope of Services

• The Contractor agrees to provide the following maintenance services: [Detailed Description of Services, including type of property/equipment, scope of services, service standards, tools/materials needed, frequency/schedule, response times, documentation/reporting]
• Option A: The services will be performed on the following property/equipment: [List of Specific Properties/Equipment]
• Option B: The services will include the following tasks: [Detailed List of Tasks]

2. Job Site and Access

• The services will be performed at the following location(s): [Job Site Address(es)].
• Option A: Access to the site will be provided as follows: [Details of Access Protocol, keyholder responsibilities, security codes, hours of work]
• Option B: The Client will provide the Contractor with a key/access code for the premises.

3. Compensation

• The Client shall compensate the Contractor as follows: [Service Fee Structure - Hourly, Per Service, Monthly Retainer, Project-Based]
• Option A: Hourly Rate: [Dollar Amount] per hour.
• Option B: Per Service Rate: [Dollar Amount] per service.
• Option C: Monthly Retainer: [Dollar Amount] per month.
• Option D: Project-Based: [Dollar Amount] for the project.
• Itemized material costs and markup policy: [Markup Percentage].
• Invoicing schedule: [Invoicing Schedule].
• Payment due dates: [Payment Due Dates].
• Late payment penalties: [Late Payment Penalty].

4. Kentucky Tax Compliance

• The Contractor shall provide a valid Kentucky business license or independent contractor registration (if applicable) and a Kentucky withholding number (if required).
• The Contractor is responsible for payment of all federal, state, and local taxes, Social Security, and unemployment insurance.
• The Contractor shall deliver a completed IRS Form W-9 to the Client prior to the commencement of services.

5. Independent Contractor Status

• It is understood and agreed that the Contractor is an independent contractor and not an employee of the Client. Nothing in this Agreement shall be construed as creating an employer-employee relationship.
• The Contractor determines their own work methods and schedule (except as mutually agreed for service windows).
• The Contractor is responsible for providing their own insurance (including Kentucky workers’ compensation exemption certification, unless coverage is voluntarily purchased).
• The Contractor is liable for their own business permits, general liability, property damage, and recommended vehicle insurance for on-site work, and statutory obligations.

6. Safety and Health Compliance

• The Contractor shall adhere to all Kentucky Occupational Safety and Health (KY OSH) standards and Client safety policies.
• The Contractor shall report any safety incidents, damage, or injuries occurring during service delivery to the Client immediately.

7. Tools, Parts, and Materials

• The following tools, parts, and materials will be provided by the Client: [List of Items Provided by Client]
• The following tools, parts, and materials will be provided by the Contractor: [List of Items Provided by Contractor]
• Standards for parts used: [OEM vs. After-Market].
• Client approval of purchases beyond: [Dollar Amount Threshold].

8. Confidentiality and Data Security

• The Contractor agrees to maintain the confidentiality of any sensitive Client information or building access details encountered during the performance of services.
• This obligation shall survive the termination of this Agreement.

9. Intellectual Property

• All maintenance recommendations, work product, photographic records, reports, minor design modifications, and documentation produced under this Agreement shall become the property of the Client unless otherwise specified.

10. Liability and Indemnification

• The Contractor shall be liable for any damages to Client property, equipment, or third parties caused by the Contractor's acts or omissions, excluding force majeure.
• The Client shall indemnify the Contractor for pre-existing site conditions unless otherwise agreed.

11. Inspection and Acceptance

• The Client shall have the right to inspect the services performed by the Contractor.
• If the Client identifies any deficiencies or incomplete work, the Contractor shall have a cure period of [Number] days to correct the deficiencies.
• Repeated substandard performance may result in termination of this Agreement.

12. Term and Termination

• The term of this Agreement shall be [Fixed-Term, Auto-Renew, Termination Upon Completion].
• Option A: Fixed Term: Beginning [Start Date] and ending [End Date].
• Either party may terminate this Agreement with [Number] days written notice.
• The Client may terminate this Agreement immediately for material breach or safety violations by the Contractor.
• Upon termination, the Contractor shall return all access credentials or property to the Client and provide a final report of any outstanding issues.

13. Subcontracting and Assignment

• The Contractor shall not subcontract or assign this Agreement without the prior written consent of the Client.
• Any subcontractors used by the Contractor shall be subject to the same standards and background checks, where applicable.

14. Dispute Resolution

• In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation.
• If negotiation is unsuccessful, the parties agree to participate in mandatory mediation in Kentucky.
• Any litigation or arbitration shall be conducted in Kentucky state courts, and Kentucky law shall govern the interpretation and enforcement of this Agreement.

15. Insurance

• The Contractor shall maintain adequate insurance coverage, including general liability and, if vehicles are used, automotive insurance, with minimum limits as required by Kentucky industry standards.
• The Contractor shall provide the Client with a certificate of insurance upon request and list the Client as an additional insured where requested.

16. Kentucky Licensing and Registration

• The Contractor shall comply with all applicable Kentucky-specific contractor licensing, registration, or commercial maintenance regulations.
• The Contractor shall ensure that all required trade licenses or certifications are up to date.

17. Non-Solicitation and Non-Interference

• The Contractor agrees not to solicit the Client's customers or directly employ the Client's employees for a period of [Number] months following the termination of this Agreement.

18. Recordkeeping

• The Contractor shall maintain service logs and invoices for a period of [Number] years for audit or regulatory review.
• The Client shall have the right to inspect such records as permitted under Kentucky law.

19. Entire Agreement

• This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
• This Agreement may only be amended in writing, signed by both parties.
• The parties acknowledge that they have read and understand the implications of this Agreement under Kentucky law and have had the opportunity to consult with legal counsel.

20. Severability

• If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

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

____________________________
[Client Legal Name]

____________________________
[Contractor Legal Name]