Missouri maintenance independent contractor agreement template

Missouri Maintenance Independent Contractor Agreement

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

[Client Name], residing at [Client Address], and/or with a principal place of business at [Client Business Address (if applicable)], Missouri business license number (if applicable) [Client Business License Number], hereinafter referred to as "Client,"

and

[Contractor Name], residing at [Contractor Address], and/or with a principal place of business at [Contractor Business Address (if applicable)], Missouri business license number (if applicable) [Contractor Business License Number], hereinafter referred to as "Contractor."

1. Scope of Work

Option A: The Contractor shall perform the following maintenance services at [Property Address]: [Detailed description of services, e.g., general repairs, HVAC servicing, electrical work, plumbing, painting, cleaning, landscaping, seasonal upkeep. Include frequency, e.g., weekly lawn mowing, monthly HVAC filter changes].

Option B: The Contractor shall perform maintenance services as requested by the Client, documented via individual work orders, at the following locations: [List of Properties/Locations].

Expected response time for emergency requests: [Number] hours.

Expected response time for routine requests: [Number] days.

Quality standards must comply with Missouri building codes.

Client-supplied materials/equipment (if any): [List of Materials/Equipment].

2. Work Schedule

Option A: The Contractor shall perform services on [Days of the Week] between the hours of [Start Time] and [End Time].

Option B: The Contractor shall perform services as scheduled by the Client, with reasonable advance notice.

On-call provisions: The Contractor shall be available on-call [Days of the Week] during the hours of [Start Time] and [End Time] for urgent service requests.

3. Equipment and Materials

Option A: The Contractor shall provide all tools, equipment, vehicles, and protective gear necessary to perform the services outlined in Section 1. Contractor warrants that all equipment meets OSHA and Missouri safety standards and will provide documentation upon request.

Option B: The Client shall provide the following tools, equipment, and materials: [List of Items]. The Contractor shall provide all other necessary tools, equipment, vehicles and protective gear, and warrants that all contractor-owned equipment meets OSHA and Missouri safety standards and will provide documentation upon request.

4. Compensation

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

Option B: The Contractor shall be paid a fixed price of [Dollar Amount] per service call.

Option C: The Contractor shall be paid a fixed price of [Dollar Amount] per project, as defined in the work order.

Option D: The Contractor shall be paid a monthly maintenance retainer of [Dollar Amount].

Travel reimbursement policy: [Description of travel reimbursement policy, if any].

Material reimbursement policy: [Description of material reimbursement policy, if any. E.g., Contractor will be reimbursed for the cost of materials with receipts].

Overtime rules: [State that overtime is not applicable as this is an independent contractor agreement].

Invoice submission procedures: [Describe how invoices should be submitted, e.g., weekly via email to [email protected]].

Supporting documentation requirements: [List required documentation, e.g., detailed descriptions of work performed, dates, times, materials used, client approvals].

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

Late payment penalties: Late payments will accrue interest at a rate of [Percentage]% per month, not exceeding the maximum rate allowed under Missouri law.

5. Independent Contractor Status

The Contractor is an independent contractor and is not an employee, agent, or legal representative of the Client. This Agreement does not create any employment, partnership, or joint venture relationship between the parties.

6. Taxes and Benefits

The Contractor is responsible for all federal, Missouri state, and local taxes, unemployment insurance, workers' compensation (unless exempt per Missouri statutes), professional licensing, and required business registrations associated with their business.

7. Insurance

The Contractor shall maintain the following insurance coverages:

General liability insurance with a minimum coverage of [Dollar Amount].

Auto liability insurance with a minimum coverage of [Dollar Amount].

Workers' compensation insurance, if required by Missouri law.

The Client shall be listed as an additional insured on the general liability policy, as needed for on-site work.

The Contractor shall provide certificates of insurance to the Client and ensure they are kept current.

8. Safety Requirements

The Contractor shall comply with all applicable federal, Missouri state, and local laws, municipal property maintenance codes, environmental rules, and permitting and disposal requirements for hazardous materials.

9. Property Access

Option A: The Contractor shall schedule access with the Client at least [Number] hours in advance.

Option B: The Contractor shall access the property using the following key/security procedures: [Describe key access, security codes, etc.].

The Contractor shall notify the Client of completed work within [Number] hours of completion.

Contractor employee identification/supervision requirements (if any): [Describe any requirements for employee identification or supervision].

10. Background Checks

Option A: The Contractor shall provide background checks for all employees working on-site. The background checks must be completed within [Number] days of the contract signing date and meet the standards commonly accepted by Missouri property management businesses.

Option B: Background checks are not required.

11. Record Keeping

The Contractor shall maintain accurate records of service logs, work orders, and signed client approvals for completed tasks. Records shall be retained for [Number] years, compliant with Missouri law.

12. Confidentiality

The Contractor shall maintain the confidentiality of all Client property information, access codes, security systems, and other sensitive information. The Contractor shall not disclose any such information to any third party without the Client's prior written consent.

13. Subcontracting

Option A: The Contractor may not subcontract any work without the Client's prior written consent. Any subcontractors must meet all Missouri licensing, insurance, and background requirements.

Option B: Subcontracting is not permitted under this Agreement.

14. Indemnification

The Contractor shall indemnify and hold harmless the Client from any and all claims, damages, injuries, or losses arising from the Contractor's negligence, or the negligence of the Contractor's staff, or from the Contractor's or their staff's failure to comply with applicable laws or the terms of this Agreement.

15. 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 agree to [Choose one: binding arbitration OR litigation] in [Name of Missouri County] County, Missouri.

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

16. Term and Termination

This Agreement shall commence on [Start Date] and shall continue for a term of [Number] months.

Renewal options: [Describe any renewal options].

Either party may terminate this Agreement with [Number] days written notice.

The Client may terminate this Agreement immediately upon the occurrence of any of the following events: [List immediate termination triggers, such as safety breaches, repeated substandard work, contract violations].

Upon termination, the Contractor shall return all keys, materials, and other property belonging to the Client.

Upon termination, the Contractor shall be paid for all work completed to date, less any amounts owed to the Client.

17. Change Orders

Any changes to the scope of work, including extra work, must be authorized in writing by the Client. The change order shall include a description of the additional work and the revised compensation terms.

18. Employment Eligibility Verification

The Contractor certifies that all laborers used in the performance of this Agreement are legally eligible to work in the United States, in compliance with Missouri’s employment verification policies.

19. Unique Missouri Considerations

Option A: N/A

Option B: The following are unique considerations relevant to this contract [Describe any unique Missouri tax deductions, municipal maintenance licensing or registration obligations, prevailing wage requirements for public contracts, and compliance with local small business ordinances if applicable].

20. Representations and Warranties

The Contractor represents and warrants that:

The Contractor is duly licensed and qualified to perform maintenance work in Missouri.

The Contractor shall perform all work in a workmanlike manner.

The Contractor shall obtain all necessary municipal permits, if required.

21. Legal Counsel

Both parties acknowledge that they have had the opportunity to review this Agreement with legal counsel.

22. Notices

All notices required or permitted under this Agreement shall be in writing and shall be deemed effective upon: (a) personal delivery; (b) mailing by certified or registered mail, return receipt requested; or (c) sending by email with confirmation of receipt to the following addresses:

If to Client: [Client Name], [Client Address], [Client Email Address]

If to Contractor: [Contractor Name], [Contractor Address], [Contractor Email Address]

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

____________________________
[Client Name]

____________________________
[Contractor Name]