Michigan maintenance independent contractor agreement template

Michigan Maintenance Independent Contractor Agreement

This Michigan Maintenance Independent Contractor Agreement is made and entered into as of this [Date], by and between:

[Client Name], residing at [Client Address], with phone number [Client Phone Number] and email address [Client Email Address], hereinafter referred to as "Client,"

and

[Contractor Name], residing at [Contractor Address], with phone number [Contractor Phone Number] and email address [Contractor Email Address], and Michigan Employer Identification Number (EIN) or Social Security Number [Contractor EIN/SSN], hereinafter referred to as "Contractor."

1. Scope of Work

Option A: The Contractor shall perform the following maintenance services at [Service Address]: [Detailed Description of Services, e.g., HVAC servicing, plumbing repairs, electrical maintenance, landscaping, janitorial tasks, general repairs, preventive maintenance schedules].

Option B: The Contractor shall perform the following maintenance services as needed, requested by the Client, and agreed upon in writing prior to the commencement of each service: [General Description of Services].

Expected response time for urgent maintenance requests: [Response Time].

Expected response time for routine maintenance requests: [Response Time].

All services must comply with manufacturer specifications and applicable Michigan local building codes.

The Contractor is responsible for providing their own tools and materials, except [List of materials provided by client, if any].

2. Work Sites and Access

The work will be performed at the following locations: [List of Service Addresses].

Option A: The Contractor will be provided with keys and/or access codes to the property. The Contractor is responsible for the safekeeping of these keys/codes and must immediately notify the Client of any loss or compromise.

Option B: The Contractor must schedule access to the property with the Client at least [Number] hours in advance.

Contractor must comply with Michigan-specific regulations regarding asbestos, lead paint, and other hazardous materials.

3. Service Schedule

Option A: Recurring services will be performed on the following schedule: [Specify Days/Times, e.g., Weekly on Mondays, Monthly on the first Friday].

Option B: Services will be performed on an on-call, as-needed basis.

Contractor must be available for emergency maintenance requests [Days/Hours of Availability].

Escalation procedures for emergencies: [Describe Escalation Process].

4. Fee and Payment

Option A: The Contractor shall be paid at an hourly rate of [Dollar Amount] per hour.

Option B: The Contractor shall be paid a per-service fee as follows: [List of Services and Fees].

Option C: The Contractor shall be paid a per-project fee as agreed upon in writing for each project.

Minimum service call fee: [Dollar Amount].

Itemized pricing for parts and materials will be provided with each invoice.

Overtime/after-hours/holiday pay rate: [Dollar Amount/Percentage].

Reimbursable expenses: [List of Reimbursable Expenses and Limits].

Invoices must be submitted [Frequency, e.g., weekly, bi-weekly, monthly] within [Number] days of service.

Payment will be made within [Number] days of receipt of invoice.

Acceptable methods of payment: [List of Acceptable Methods, e.g., Check, Electronic Transfer].

Late payment penalty: [Penalty, e.g., Percentage of unpaid balance per month].

Michigan sales/use tax [Does/Does Not] apply to the services and/or materials provided.

5. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client.

The Contractor has sole control over the manner and means of performing the work.

The Contractor provides their own tools and equipment.

The Contractor is free to perform services for other clients.

The Contractor is not entitled to any employee benefits from the Client.

The Contractor is solely responsible for paying all federal, state, and local taxes, including self-employment taxes.

6. Permits, Licenses, and Certifications

The Contractor shall possess and maintain all required permits, licenses, and certifications required to perform the services under applicable Michigan statutes and local ordinances, including but not limited to: [List of Required Permits/Licenses/Certifications, e.g., Mechanical, Electrical, Plumbing Contractor Licenses].

The Contractor shall comply with all applicable Michigan safety and labor laws.

If the Contractor is a business entity, it shall provide proof of business registration in Michigan.

7. Insurance and Indemnification

The Contractor shall maintain the following insurance policies:

General Liability Insurance with a minimum coverage of [Dollar Amount] per occurrence.

Workers’ Compensation Insurance, if required by Michigan law. Contractor understands they are responsible for determining whether they are required to carry Workers’ Compensation insurance in accordance with Michigan law.

The Contractor shall indemnify and hold harmless the Client from any and all claims, losses, damages, liabilities, costs, and expenses arising out of or relating to the Contractor's negligence or failure to perform the services in accordance with this Agreement.

8. Property and Worksite Damage

The Contractor is liable for any accidental damage to the Client's property or the worksite caused by the Contractor's negligence.

The Contractor shall promptly report any damage to the Client.

The Contractor shall be responsible for remediating any damage caused by their negligence.

Exclusions to liability: [List of Exclusions, if any].

9. Confidentiality and Data Privacy

The Contractor shall maintain the confidentiality of any client personal data or property access information.

The Contractor shall comply with all applicable Michigan privacy laws.

10. Ownership of Work Product

All work product created by the Contractor in connection with the services shall be owned by the Client.

Upon completion or termination of this Agreement, the Contractor shall return all client property, materials, keys, tools, and confidential information to the Client.

11. Subcontracting

Option A: The Contractor shall not subcontract any of the services without the prior written consent of the Client.

Option B: The Contractor may subcontract services, but any subcontractor must be licensed and insured in Michigan. The Contractor shall provide proof of such licensure and insurance to the Client.

12. Non-Solicitation

The Contractor shall not solicit or attempt to solicit any employees or customers of the Client during the term of this Agreement and for a period of [Number] months after termination.

13. Term, Renewal, and Termination

Option A: This Agreement shall commence on [Start Date] and shall continue for a term of [Number] [Days/Months/Years].

Option B: This Agreement shall continue until terminated by either party.

Either party may terminate this Agreement for any reason with [Number] days' written notice.

The Client may terminate this Agreement immediately for cause, including breach of contract or non-performance.

Upon termination, the Contractor shall submit a final invoice and the Client shall pay any outstanding balance within [Number] days.

14. Dispute Resolution

The parties shall attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiation.

Option A: If the parties are unable to resolve the dispute through negotiation, they shall submit the dispute to mediation in [City, Michigan].

Option B: If the parties are unable to resolve the dispute through negotiation, they shall submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association in [City, Michigan].

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

15. Compliance with Laws

The Contractor shall comply with all applicable Michigan codes, local ordinances, health and safety regulations, and environmental laws, including those related to the disposal of hazardous materials.

16. Safety Measures and PPE

The Contractor shall comply with all applicable Michigan Occupational Safety and Health Administration (MIOSHA) rules and regulations.

The Contractor shall use appropriate personal protective equipment (PPE) as required by MIOSHA and/or the Client.

17. Status Reporting and Communication

The Contractor shall provide regular status reports to the Client [Frequency and Format, e.g., Weekly written reports].

The Contractor shall immediately notify the Client of any incidents or problems.

The Contractor shall maintain a maintenance log or checklist to document the services performed.

18. Training

The Contractor shall maintain and provide evidence of ongoing training in accordance with applicable Michigan continuing education or license renewal requirements.

19. Notices

All notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given upon personal delivery or upon deposit in the United States mail, certified or registered, postage prepaid, addressed to the party at the address set forth above.

20. Severability

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

21. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement to the extent that such failure is caused by an event of force majeure, including but not limited to acts of God, war, terrorism, fire, flood, or other natural disaster.

22. 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 Name]

____________________________

Signature

[Contractor Name]

____________________________

Signature