Montana maintenance independent contractor agreement template

Montana Maintenance Independent Contractor Agreement

This Montana Maintenance Independent Contractor Agreement (the “Agreement”) is made and entered into as of [Effective Date] by and between:

• [Client Full Legal Name], a [Client Entity Type, e.g., Montana Corporation] with its principal place of business at [Client Business Address], Montana, [Client Contact Phone Number], [Client Contact Email], and Montana Entity Registration Number (if applicable) [Client Entity Registration Number], (hereinafter referred to as "Client"),

and

• [Contractor Full Legal Name], a [Contractor Entity Type, e.g., Individual or Montana LLC] with its principal place of business at [Contractor Business Address], Montana, [Contractor Contact Phone Number], [Contractor Contact Email], and Montana Entity Registration Number (if applicable) [Contractor Entity Registration Number], (hereinafter referred to as "Contractor").

1. Statement of Work

• Option A: The Contractor shall perform the following maintenance services: [Detailed Description of Services, e.g., Facility upkeep, equipment maintenance, landscaping] at [Location(s) of Work, e.g., Client Premises, Specific Montana Sites, Off-Site]. The maintenance schedule and service frequency are as follows: [Maintenance Schedule and Frequency, e.g., Weekly, Monthly, As Needed].
• Option B: See attached Exhibit A – Scope of Services for a detailed description of the maintenance services to be performed.
• Maintenance schedules will be in accordance with [e.g. manufacturer's recommendations, industry standards].
• The Contractor shall meet the following quality and performance standards: [Quality and Performance Standards, referencing Montana Building Codes and Safety Regulations, if applicable].
• Response times for urgent maintenance requests are [Response Time for Urgent Maintenance]. Response times for routine maintenance requests are [Response Time for Routine Maintenance].
• The Contractor shall provide the following service documentation: [Required Service Documentation, e.g., Work Orders, Checklists, Logs].

2. Material and Equipment Responsibilities

• Option A: The Contractor shall supply all tools, consumables, and replacement parts necessary to perform the services outlined in this Agreement.
• Option B: The Client shall supply all tools, consumables, and replacement parts.
• Option C: The Contractor shall supply the following: [List of Contractor-Supplied Items]. The Client shall supply the following: [List of Client-Supplied Items].
• Where Montana law requires, the Contractor shall use Montana-licensed or approved suppliers/brands for [Specific Supplies or Services].

3. Service Fees and Payment

• Option A: The Contractor shall be paid at an hourly rate of [Hourly Rate].
• Option B: The Contractor shall be paid a fixed fee of [Fixed Fee] per job.
• Option C: The Contractor shall be paid a retainer fee of [Retainer Fee] per [Time Period, e.g., month], plus additional fees as outlined in Exhibit B – Rate Schedule.
• Overtime will be paid at a rate of [Overtime Rate] for hours worked exceeding [Number] hours per [Time Period, e.g., day or week].
• Approved expenses, such as parts and mileage, will be reimbursed at [Mileage Rate, matching Montana Rates].
• Invoices shall be submitted [Invoicing Frequency, e.g., weekly, bi-weekly, monthly] and must include [Itemization Requirements].
• Payment is due within [Number] days of invoice receipt.
• A late payment interest rate of [Late Payment Interest Rate, not exceeding Montana legal limits] per month will be applied to overdue invoices.
• Billing disputes shall be resolved through the following process: [Process for Resolving Billing Disputes].
• Contractor is responsible for all applicable federal, state (Montana), and local taxes related to the services performed. The Client will not withhold FICA, workers’ compensation, or unemployment tax. Contractor acknowledges the requirements related to the Montana Independent Contractor Exemption Certificate (ICEC), if applicable.

4. Independent Contractor Status

• The Contractor is an independent contractor and not an employee of the Client.
• The Contractor is responsible for procuring all required Montana business licenses and insurance.
• The Contractor shall comply with all Montana independent contractor registration requirements.
• The Contractor shall maintain proof of a valid Montana Independent Contractor Exemption Certificate (ICEC), if applicable.

5. Scope and Limits of Authority

• The Contractor has no authority to act on the Client's behalf except as specifically stated in this Agreement.
• The Contractor shall not subcontract any portion of the services without the Client's prior written approval.
  • If subcontracting is permitted, the Contractor shall ensure that all subcontractors comply with Montana labor and registration laws.

6. Confidentiality

• The Contractor shall maintain the confidentiality of all client premises, property information, business processes, or personal data accessed during the performance of services.
• The Contractor shall comply with all security procedures mandated by Montana law, where applicable, regarding private client records of residents.

7. Intellectual Property and Return of Property

• All intellectual property created or used in connection with the services shall remain the property of [Client or Contractor, specify].
• Upon termination of this Agreement, the Contractor shall return all specialized manuals, maintenance logs, keys, passwords, and other items issued by the Client. These will be returned in [time frame, e.g. within 5 business days].
• If data must be destroyed, the destruction must comply with all [Montana laws, e.g. data breach laws].

8. Compliance with Laws

• The Contractor shall comply with all applicable Montana and federal health, safety, and environmental laws, including but not limited to OSHA, the Montana Clean Indoor Air Act, hazardous material handling regulations, and signage requirements.
• The Contractor shall provide MSDS documentation and ensure proper disposal of waste or hazardous materials in accordance with Montana regulations.

9. Insurance

• The Contractor shall maintain the following insurance coverage:
  • Minimum general liability coverage of [Coverage Amount].
  • Commercial auto insurance (if using vehicles) with at least Montana statutory minimum coverage.
  • Worker’s compensation insurance, unless exempt under the Montana Independent Contractor Exemption Certificate (ICEC).
• The Client shall be named as an additional insured on the Contractor’s general liability policy, where appropriate.
• The Contractor shall provide annual proof of insurance to the Client.

10. Accidents and Damage

• The Contractor shall immediately report any on-site accidents, injuries, or property damage to the Client, as required by Montana law.
• The Contractor shall cooperate in the investigation of any claims arising from such incidents.
• The Contractor shall indemnify and hold harmless the Client from any losses arising from the Contractor's negligence or breach of safety protocols.

11. Performance Evaluation

• The Client shall have the right to inspect the Contractor's work and request corrections for any noncompliant work.
• The Client may withhold payment for noncompliant work in accordance with Montana consumer protection law.

12. Default and Breach

• If there is a default, the client will notify the contractor in writing. The Contractor will have [Number] days to cure the default.
• The limitation of liability is [Amount].
• Indemnity will apply to [Description of Events, e.g., Negligence].
• For late, incomplete, unsafe, or substandard performance, monetary penalties will be [Monetary Penalties].

13. Termination

• This Agreement may be terminated under the following circumstances:
  • Upon completion of the services.
  • By mutual written agreement.
  • For material breach of this Agreement. "Material Breach" includes [Examples of Material Breach under Montana Law, e.g., failure to maintain required licenses, violation of safety regulations].
  • For persistent underperformance.
  • For unsafe or unlawful conduct.
  • Bankruptcy or insolvency of either party.
  • Loss of Montana Independent Contractor Exemption Certificate (ICEC) or required insurance.
• The terminating party shall provide [Number] days written notice to the other party.

14. Final Account Settlement

• Upon termination, the Contractor shall return all Client property, complete all outstanding work, and deliver all maintenance logs and records within [Number] days.

15. Dispute Resolution

• The parties shall first attempt to resolve any disputes through negotiation.
• If negotiation fails, the parties may pursue mediation or arbitration, if permitted under Montana law.
• This Agreement shall be governed by the laws of the State of Montana.
• Exclusive jurisdiction and venue for any legal action shall be in the Montana state courts of the county where services are performed or where the Client is located.

16. Compliance with Montana Statutes

• The Contractor shall comply with all applicable Montana statutes, regulations, and local ordinances relevant to the services provided, including but not limited to licensure requirements, right-to-work laws, minimum insurance requirements, property access restrictions, public health mandates, and local building/fire codes.
• The Contractor shall maintain ongoing compliance with all such laws and regulations.

17. General Provisions

• This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
• Any amendment to this Agreement must be in writing and signed by both parties.
• The Contractor shall not assign this Agreement without the Client's prior written consent.
• If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to force majeure events, including but not limited to acts of God, war, terrorism, wildfires, floods, or other emergencies specific to Montana.
• All notices under this Agreement shall be in writing and delivered by [Acceptable Delivery Methods, e.g., certified mail, email] to the addresses listed above. All notice periods shall be calculated based on the Mountain Time Zone.

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

[Client Full Legal Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]

[Contractor Full Legal Name]

By: [Contractor Signature]

Name: [Contractor Printed Name]

Title: [Contractor Title]

Exhibits:

• Exhibit A – Scope of Services
• Exhibit B – Rate Schedule
• Exhibit C – Copy of Montana Independent Contractor Exemption Certificate (ICEC), if applicable
• Exhibit D – Proof of Insurance
• Exhibit E – Emergency Contact Protocol