Mississippi maintenance independent contractor agreement template

Mississippi Maintenance Independent Contractor Agreement

This Mississippi Maintenance Independent Contractor Agreement ("Agreement") is made and effective as of [Date] by and between:

[Client Name], whose address is [Client Address], phone number is [Client Phone], and email is [Client Email], hereinafter referred to as "Client,"

and

[Contractor Name], whose address is [Contractor Address], phone number is [Contractor Phone], and email is [Contractor Email], hereinafter referred to as "Contractor."

1. Scope of Services

The Contractor agrees to provide the following maintenance services to the Client:

Option A: General maintenance services, including but not limited to:

• Minor plumbing repairs (e.g., leaky faucets, clogged drains)
• Minor electrical repairs (e.g., replacing light bulbs, switches)
• Painting and touch-up work
• Drywall repair

Option B: Specific maintenance services, as detailed in Exhibit A attached hereto, including:

• HVAC servicing and repair
• Landscaping and groundskeeping
• Janitorial services
• Equipment inspection and maintenance

Option C: Emergency maintenance services, available 24/7, with a guaranteed response time of [Number] hours.

• These services include but are not limited to water leaks, electrical outages, and security breaches.
• Emergency response will be billed at a rate of [Dollar amount] per hour.

2. Property/Facilities to be Serviced

The maintenance services shall be performed at the following property/facilities owned or managed by the Client:

Option A: All properties managed by the Client within [City/County, MS].

Option B: The property located at [Property Address].

Option C: The properties listed in Exhibit B attached hereto.

3. Work Schedule

The Contractor shall perform the services according to the following schedule:

Option A: Regular maintenance services shall be performed on [Day(s) of the week] between the hours of [Start Time] and [End Time].

Option B: Services shall be performed on an as-needed basis, with a minimum of [Number] hours' notice.

Option C: A detailed schedule for specific services, as outlined in Exhibit C attached hereto.

4. Service Fee and Payment

The Client shall pay the Contractor for the services as follows:

Option A: [Dollar amount] per hour.

Option B: [Dollar amount] per job, as detailed in Exhibit D attached hereto.

Option C: A retainer fee of [Dollar amount] per month, plus [Dollar amount] per hour for services rendered.

Overtime (hours exceeding 40 per week) will be billed at 1.5 times the regular rate.

Payment is due within [Number] days of invoice receipt.

5. Invoicing

The Contractor shall submit invoices to the Client on a [Weekly/Bi-weekly/Monthly] basis.

• Invoices must include:
• Date of service
• Description of services performed
• Hours worked
• Materials used
• Any applicable Mississippi sales tax

6. Late Payment Policy

In the event of late payment, the Client shall pay interest at a rate of [Percentage] per month on the outstanding balance.

• If payment is not received within [Number] days of the due date, the Contractor may suspend services.

7. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. This Agreement does not create an employer-employee relationship under Mississippi law.

• The Contractor is responsible for:
• Their own federal and Mississippi state income taxes
• Self-employment taxes
• Workers' compensation insurance (if applicable)
• Unemployment insurance

8. Licenses and Permits

The Contractor represents that they hold all necessary licenses, permits, and certifications required to perform the services in Mississippi.

• Copies of relevant licenses and permits are attached hereto as Exhibit E.
• The Contractor shall maintain all licenses and permits in good standing throughout the term of this Agreement.

9. Liability and Indemnification

The Contractor shall be liable for any property damage, personal injury, or code violations caused by their negligence or the negligence of their subcontractors.

The Contractor shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses arising out of or relating to the Contractor's performance of the services.

10. Insurance

The Contractor shall maintain the following insurance coverage:

• General liability insurance with a minimum coverage of [Dollar amount] per occurrence.
• Auto insurance (if applicable) with a minimum coverage of [Dollar amount] per accident.
• Proof of insurance shall be provided to the Client upon execution of this Agreement and upon renewal of any policy.

11. Safety Compliance

The Contractor shall comply with all applicable OSHA requirements and Mississippi workplace safety laws.

The Contractor shall be responsible for providing for the safety of their employees.

12. Confidentiality

The Contractor shall maintain the confidentiality of all sensitive client, tenant, or third-party information encountered during the performance of the services.

• This includes but is not limited to:
• Tenant contact information
• Building security codes
• Financial information

13. Ownership of Materials

Ownership of any materials or deliverables arising from the Contractor's work shall be:

Option A: Retained by the Client.

Option B: Retained by the Contractor.

Option C: As specified in Exhibit F attached hereto.

14. Non-Solicitation and Non-Compete

During the term of this Agreement and for a period of [Number] months thereafter, the Contractor shall not:

• Solicit any of the Client's employees or customers.
• Compete with the Client within a [Number] mile radius of [City/County, MS].

15. Performance Evaluation

The Client reserves the right to conduct periodic site assessments to evaluate the Contractor's performance.

If the Client is not satisfied with the Contractor's performance, the Client may withhold payment or require corrective work.

16. Subcontracting

The Contractor:

Option A: May subcontract the services, with prior written approval from the Client.

• Any subcontractors must be licensed, insured, and independent contractors under Mississippi law.

Option B: May not subcontract the services without the express written consent of Client.

17. Notice

All notices under this Agreement shall be in writing and shall be deemed to have been duly given when:

• Delivered personally
• Sent by certified mail, return receipt requested
• Sent by email

18. Service Variation/Additional Work

Any service variation or additional work must be authorized in advance in writing by the Client.

The Contractor shall provide a written estimate for any additional work before commencing such work.

19. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to:

• Acts of God
• Hurricanes
• Tornadoes
• Flooding

20. Termination

This Agreement may be terminated as follows:

Option A: By either party upon [Number] days' written notice.

Option B: Immediately by the Client for material breach of this Agreement by the Contractor.

Option C: Automatically upon the expiration of the term of [Number] year(s).

21. 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 submit the dispute to mediation in [City/County, MS].
• If mediation fails, the parties may pursue litigation in the county courts of the Client’s property location.

22. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi.

23. Severability

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

24. Electronic Signatures

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A facsimile or electronic signature shall be deemed to be an original signature for all purposes.

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

____________________________

[Client Name]

____________________________

[Contractor Name]

Exhibit A: Detailed Description of Specific Maintenance Services

Exhibit B: List of Properties to be Serviced

Exhibit C: Detailed Work Schedule

Exhibit D: Per-Job Pricing

Exhibit E: Copies of Licenses and Permits

Exhibit F: Ownership of Materials Specifications