Nebraska maintenance independent contractor agreement template

Nebraska Maintenance Independent Contractor Agreement

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

• Client: [Client Legal Name], located at [Client Address], Phone: [Client Phone Number], Email: [Client Email Address]
• Independent Contractor: [Contractor Legal Name], a [Contractor Entity Type, e.g., Sole Proprietorship, LLC], registered in Nebraska (if applicable) with Registration Number [Contractor Registration Number], located at [Contractor Address], Phone: [Contractor Phone Number], Email: [Contractor Email Address]

1. Scope of Services

The Independent Contractor shall provide the following maintenance services (the "Services") at the premises or properties listed in Section 3:

• Option A: General Handyman Services
  • Detailed Description: [Detailed Description of Handyman Services]
• Option B: HVAC Servicing
  • Detailed Description: [Detailed Description of HVAC Services]
• Option C: Plumbing Repairs
  • Detailed Description: [Detailed Description of Plumbing Services]
• Option D: Electrical Maintenance
  • Detailed Description: [Detailed Description of Electrical Services]
• Option E: Groundskeeping
  • Detailed Description: [Detailed Description of Groundskeeping Services]
• Option F: Janitorial Services
  • Detailed Description: [Detailed Description of Janitorial Services]
• Option G: Painting
  • Detailed Description: [Detailed Description of Painting Services]
• Option H: Seasonal Property Preparation
  • Detailed Description: [Detailed Description of Seasonal Property Preparation Services]
• Option I: Emergency Repairs
  • Detailed Description: [Detailed Description of Emergency Repair Services]
• Option J: Other Maintenance Tasks
  • Detailed Description: [Detailed Description of Other Maintenance Tasks]

The Independent Contractor shall perform the Services using [List of Equipment], in accordance with industry standards, manufacturer recommendations, and all applicable Nebraska codes. [Specify who supplies the materials, e.g., Contractor, Client, or Both]. The Independent Contractor shall adhere to the site access requirements outlined in Section 3.

2. Service Schedule

• Start Date: [Start Date]
• End Date: [End Date]
  • Option A: This Agreement shall automatically renew for successive [Number]-year terms unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
  • Option B: This Agreement will terminate on the End Date unless extended in writing by both parties.
• Hours of Permitted Work: [Days of the Week], [Start Time] to [End Time]
• Response Time for Emergency Requests: [Number] hours
• Service Frequency: [Frequency, e.g., Weekly, Monthly, As Needed]
• Routine Inspection Requirements: [Description of Inspection Requirements]
• Work Logs/Completion Reports: The Independent Contractor shall submit [Frequency, e.g., Weekly, Monthly] work logs/completion reports to the Client, detailing the Services performed, time spent, and materials used. [Specify required documentation].

3. Premises/Properties

The Services shall be performed at the following premises or properties:

• Property 1: [Property 1 Address]. [Specify any restrictions on areas or times of access]
• Property 2: [Property 2 Address]. [Specify any restrictions on areas or times of access]
• Property 3: [Property 3 Address]. [Specify any restrictions on areas or times of access]

The Independent Contractor shall comply with all applicable Nebraska trespass and access laws.

4. Compensation

• Option A: Hourly Rate: The Client shall pay the Independent Contractor at a rate of [Dollar Amount] per hour.
• Option B: Per Job: The Client shall pay the Independent Contractor a fixed fee for each completed job as follows: [List of Tasks and Fees].
• Option C: Retainer: The Client shall pay the Independent Contractor a retainer fee of [Dollar Amount] per [Time Period, e.g., month], which covers [Description of Services Covered by Retainer].

Invoicing Process: The Independent Contractor shall submit invoices to the Client [Frequency, e.g., Monthly]. The invoice shall include [Required Documentation, e.g., date, time, description of services, materials used]. Payment is due [Number] days from the date of the invoice. Late payments shall be subject to a penalty of [Percentage]% per month. [Specify how Nebraska sales tax, use tax, or other local taxes and permit fees will be handled].

5. Licensing and Compliance

The Independent Contractor is responsible for obtaining and maintaining all necessary business registrations, specialized trade licenses, permits, liability insurance, and workers' compensation coverage (if subcontracting) required by the Nebraska Department of Labor and local municipalities. The Independent Contractor shall provide evidence of such upon request.

6. Independent Contractor Status

The parties agree that the Independent Contractor is an independent contractor under Nebraska law and not an employee of the Client. The Independent Contractor is responsible for all self-employment taxes, FICA, unemployment insurance, tax filings, and benefits. The Independent Contractor shall complete and file IRS Form W-9. The Client will issue a Form 1099-NEC to the Independent Contractor if required by law. The Independent Contractor shall indemnify the Client for any reclassification risk.

7. Subcontractors

• Option A: Subcontractors are permitted with prior written approval from the Client. The Independent Contractor shall ensure that all subcontractors are bound by the same standards and assumes all liability for their actions.
• Option B: Subcontractors are not permitted under this Agreement.

8. Tools and Materials

• Option A: The Independent Contractor shall use their own tools and materials. The Independent Contractor is responsible for the storage, maintenance, and safe handling of their tools and materials in accordance with Nebraska safety laws and OSHA standards.
• Option B: The Client shall provide the tools and materials. The Independent Contractor is responsible for the proper use and maintenance of the Client's tools and materials.

9. Quality Control and Inspection

Completed work will be checked by [Who will check the completed work, e.g., Client, designated representative]. The Independent Contractor shall ensure compliance with all applicable state, city, or county codes. [Specify any requirements for lien waivers]. If work is found deficient, the Independent Contractor shall remediate the work at their own expense.

10. Confidentiality

The Independent Contractor shall maintain the confidentiality of all Client property, codes, and personal information. If any security or automated building system information is shared, the Independent Contractor shall ensure data privacy.

11. Ownership

The Client retains ownership of all work product, documentation, and keys/codes. Upon completion or termination of this Agreement, the Independent Contractor shall return or destroy all sensitive materials and property.

12. Indemnification and Liability

The Independent Contractor shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the Independent Contractor's performance of the Services, including but not limited to injuries to third parties or property damage. The Client shall not be liable for any consequential damages arising out of or relating to this Agreement. [Specify remedies if license or permit issues arise].

13. Insurance

The Independent Contractor shall maintain the following insurance coverage:

• Commercial General Liability: [Dollar Amount] per occurrence
• Professional Liability (if applicable): [Dollar Amount] per occurrence
• Workers' Compensation (if subcontracting): As required by Nebraska law

The Independent Contractor shall provide certificates of insurance to the Client upon request.

14. Safety and Compliance Training

The Independent Contractor shall comply with all federal, state, and city workplace safety standards, including OSHA and local codes. [Specify any routine safety and compliance training requirements].

15. Suspension and Termination

• Completion: Upon satisfactory completion of the Services.
• Mutual Agreement: By written agreement of both parties.
• Breach: By either party if the other party breaches this Agreement and fails to cure the breach within [Number] days after written notice. [Detail Nebraska statutory rights].
• Non-Payment: By the Independent Contractor if the Client fails to pay invoices within [Number] days of the due date.
• Substandard Performance: By the Client if the Independent Contractor's performance is consistently substandard, as determined by [How substandard performance will be determined].
• Unsafe Practices: By either party if the other party engages in unsafe practices that endanger persons or property.
• Legal Violations: By either party if the other party violates any applicable laws or regulations.

Notice Requirements: Written notice of termination shall be provided [Number] days prior to the termination date. Final payment shall be made within [Number] days of termination. The Independent Contractor shall return all Client property and confidential information upon termination. [Specify property access rights after termination].

16. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved as follows:

• Prioritizing good-faith negotiation
• Mediation or arbitration in [City, Nebraska]
• Nebraska law shall govern this Agreement
• Venue shall be in the county where the services are performed.

17. Compliance with Laws

The Independent Contractor shall comply with all Nebraska and federal laws relating to maintenance, employment, environmental rules (such as disposal of hazardous materials or EPA lead paint rules if applicable), and any local ordinances concerning noise, waste disposal, parking, and use of commercial vehicles.

18. Non-Solicitation

The Independent Contractor shall not solicit the Client's staff or tenants (if applicable) for employment or business purposes during the term of this Agreement and for a period of [Number] months after termination.

19. Non-Compete (Optional, Enforceability Dependent on Nebraska Law)

The Independent Contractor shall not provide similar services for direct competitors of the Client within a [Number] mile radius of [City, Nebraska] for a period of [Number] months after termination of this Agreement.

20. Modification

Any modification to this Agreement must be in writing and signed by both parties.

21. State-Specific Disclosures

[Include any required Nebraska state-specific disclosures here]

22. Emergency Contact Procedures

[Include emergency contact procedures here]

23. Proof of Registration (If Applicable)

[If applicable, include proof of registration for operation in certain regulated trades (electrical, plumbing, HVAC, etc.)]

24. Severability

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

25. Waiver

No waiver of any right or provision of this Agreement shall be effective unless it is in writing and signed by the party waiving such right or provision.

26. 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 Legal Name]

____________________________

[Contractor Legal Name]

____________________________

Signature of Client

____________________________

Signature of Independent Contractor

____________________________

Printed Name of Client

____________________________

Printed Name of Independent Contractor

Date: ________________________

Date: ________________________