Maine maintenance independent contractor agreement template

Maine Maintenance Independent Contractor Agreement

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

[Client Full Legal Name], a [Client Business Entity Status, e.g., LLC, Sole Proprietor, Corporation], with its principal place of business at [Client Business Address], hereinafter referred to as "Client," and

[Independent Contractor Full Legal Name], a [Independent Contractor Business Entity Status, e.g., LLC, Sole Proprietor, Corporation], with its principal place of business at [Independent Contractor Business Address], hereinafter referred to as "Contractor."

Client Contact Information: [Client Contact Name], [Client Phone Number], [Client Email Address]
Contractor Contact Information: [Contractor Contact Name], [Contractor Phone Number], [Contractor Email Address]

1. Scope of Services

Contractor agrees to provide the following maintenance services ("Services") to Client:

Option A: General Facility Maintenance: [Detailed description of general facility maintenance services, including specific tasks like light bulb replacement, minor repairs, etc.]

Option B: Preventive Maintenance: [Detailed description of preventive maintenance services, including specific tasks like HVAC filter changes, equipment lubrication, etc., and schedule]

Option C: Repairs: [Detailed description of repair services, including scope of repairs, response times, and limitations]

Option D: Cleaning: [Detailed description of cleaning services, including frequency, areas to be cleaned, and cleaning products to be used.]

Work Standards: All Services shall be performed in a professional and workmanlike manner, consistent with industry standards in Maine.

Performance Expectations: Contractor shall maintain [Specific performance metrics, e.g., response time, completion rate].

Response Times: Contractor shall respond to service requests within [Number] hours.

Deliverable Descriptions: Contractor shall provide [Description of deliverables, e.g., completed repairs, cleaned areas].

Reporting Protocols: Contractor shall provide Client with [Reporting frequency, e.g., weekly, monthly] reports detailing Services performed.

Documentation Requirements: Contractor shall maintain detailed records of all Services performed, including [Specific documentation requirements, e.g., invoices, work orders].

2. Job Sites/Properties

The Services will be performed at the following locations:

[Property Address 1]
[Property Address 2]
[Property Address 3]

Access Arrangements: Client will provide Contractor with access to the properties during [Specific hours or days].

Security Protocols: Contractor shall adhere to the following security protocols: [Specific security protocols, e.g., sign-in procedures, background checks].

Availability Requirements: Contractor must be available to provide services [Specific availability requirements, e.g., on-call availability, weekend availability].

Restrictions: [List any restrictions, e.g., noise restrictions, prohibited areas].

Landlord Approvals: Contractor is responsible for obtaining any necessary landlord approvals. [Specify requirement or state "Not Applicable"].

3. Service Scheduling

Service Frequency: The Services shall be performed [Frequency, e.g., weekly, monthly, as needed].

Hours of Work: Contractor shall perform the Services during the following hours: [Specific hours of work].

Emergency Response Provisions: In case of emergency, Contractor shall be available to respond within [Number] hours.

After-Hours Policies: Contractor shall [Description of after-hours service policies, e.g., higher rates, limited services].

Holiday Coverage: Contractor shall [Description of holiday coverage policies, e.g., no service on holidays, limited service on holidays].

Inclement Weather Procedures: Contractor shall [Description of how services will be affected by inclement weather and the Contractor's procedure].

4. Tools, Equipment, and Materials

Client Supplies: Client shall supply the following tools, equipment, and materials: [List of client-supplied items].

Contractor Supplies: Contractor shall supply all other tools, equipment, and materials necessary to perform the Services.

Maintenance, Repair, Storage, and Replacement: Contractor is responsible for the maintenance, repair, storage, and replacement of Contractor-supplied tools and equipment.

Waste/Hazardous Materials: Contractor is responsible for the proper disposal of all waste and hazardous materials in compliance with Maine environmental laws.

5. Compensation

Fee Structure: Compensation will be based on:

Option A: Hourly Rate: [Dollar amount] per hour.

Option B: Per Task: [Dollar amount] per task. [Describe task]

Option C: Per Project: [Dollar amount] per project. [Describe project]

Minimum Call-Out Charge: [Dollar amount]

Travel Expenses: Contractor is [Choose one: is / is not] entitled to reimbursement for travel expenses. If yes, the terms are: [Specify travel expense reimbursement terms].

Supply/Materials Reimbursement: Contractor is [Choose one: is / is not] entitled to reimbursement for supplies and materials. If yes, the terms are: [Specify reimbursement terms].

Invoicing: Contractor shall submit invoices to Client [Frequency, e.g., weekly, monthly].

Required Supporting Documentation: Invoices must include [List of required documentation, e.g., work orders, receipts].

Payment Due Dates: Client shall pay invoices within [Number] days of receipt.

Late Payment Penalties: Late payments will be subject to a penalty of [Percentage] per month.

Maine Sales/Use Tax: Contractor is responsible for all applicable Maine sales and use taxes. [If Contractor is responsible, acknowledge this. If Client is, specify terms.]

6. Insurance

Contractor shall maintain the following insurance coverage:

General Liability Insurance: [Dollar amount] per occurrence.

Workers' Compensation: Contractor shall maintain workers’ compensation insurance as required by Maine law or provide proof of a valid exemption as an independent contractor per 39-A M.R.S. § 102(13-A).

Auto Liability Insurance: [Dollar amount] per occurrence, if using vehicles on Client's premises.

Proof of Insurance: Contractor shall provide Client with proof of insurance upon request.

7. Independent Contractor Status

It is the express intention of the parties that Contractor is an independent contractor and not an employee, agent, joint venturer, or partner of Client. Nothing in this Agreement shall be interpreted or construed as creating or establishing any employment relationship between Client and Contractor. Contractor shall not be entitled to any employee benefits of Client, including, but not limited to, health insurance, vacation, or retirement benefits. Contractor is solely responsible for all taxes (including self-employment taxes), unemployment insurance, and other withholdings. Contractor covenants not to seek coverage as an employee under any law, including but not limited to workers’ compensation or unemployment laws. The parties acknowledge that the determination of independent contractor status depends on various factors, including the 12-factor test used in Maine.

8. Licensing and Regulatory Compliance

Contractor warrants that it holds all necessary Maine and/or municipal licenses and permits required to perform the Services. Contractor shall comply with all applicable OSHA and state safety requirements. Contractor shall comply with all applicable trade regulations. [Specify specific trade regulations, e.g., electrical, plumbing, HVAC].

9. Recordkeeping and Reporting

Contractor shall maintain accurate and complete records of all Services performed, including work logs, incident reports, and maintenance summaries. Contractor shall provide Client with reports as specified in Section 1. Contractor shall maintain disposition of records in accordance with Maine Department of Labor requirements.

10. Confidentiality and Data Protection

Contractor shall maintain the confidentiality of all Client information, including sensitive data. Contractor shall comply with all applicable Maine data privacy statutes. Contractor shall adhere to all third-party vendor disclosure requirements.

11. Intellectual Property/Ownership

Any maintenance plans, custom work products, or procedures developed during the term of this Agreement shall be the property of [Client / Contractor]. Upon termination of this Agreement, Contractor shall return or destroy all Client assets.

12. Assignment and Subcontracting

Contractor [Choose one: may / may not] assign this Agreement. If assignment is permitted, terms are [Specify assignment terms]. Contractor [Choose one: may / may not] subcontract any of the Services. If subcontracting is permitted, all subcontractors must comply with Maine's independent contractor tests and insurance requirements.

13. Liability and Indemnification

Contractor shall indemnify and hold harmless Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorney's fees) arising out of or relating to Contractor's performance of the Services, including, but not limited to, property damage, personal injury, and code/regulatory violations. Client shall not be liable for any indirect, incidental, special, or consequential damages. Limits of liability are [Specify dollar amount or limitations to the extent permitted by Maine law].

14. Background Checks

Contractor [Choose one: is / is not] required to undergo a background check. If required, the terms are [Specify background check requirements, adhering to Maine employment background check legal limitations].

15. Termination

Term: This Agreement shall commence on [Start Date] and shall continue for a term of [Number] [Choose one: months / years].

Notice Period: Either party may terminate this Agreement with [Number] days' written notice to the other party.

Termination for Cause: Client may terminate this Agreement immediately for cause, including, but not limited to, nonperformance, illegal conduct, safety violations, or material breach of this Agreement.

Final Settlement: Upon termination, Client shall pay Contractor for all Services performed up to the date of termination.

Transition Handover: Upon termination, Contractor shall provide Client with all necessary information and access codes/keys to ensure a smooth transition.

16. Dispute Resolution

The parties agree to first attempt to resolve any disputes through negotiation. If negotiation fails, the parties agree to submit the dispute to mediation or arbitration. All legal proceedings shall be conducted in Maine and governed by Maine law.

17. General Provisions

Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including, but not limited to, acts of God, war, or government regulation.

Compliance with Laws: Contractor shall comply with all applicable federal, state, and local laws.

Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Amendment: This Agreement may be amended only by a written instrument signed by both parties.

Notices: All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth above.

18. Unique Client Requirements

[Include any unique client requirements specific to multi-unit properties, condominiums, commercial buildings, or residential landlord-tenant environments in Maine as applicable.]

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

____________________________
[Client Authorized Title]
[Client Full Legal Name]
Date: [Date]

____________________________
[Contractor Authorized Title]
[Independent Contractor Full Legal Name]
Date: [Date]