New Mexico hr independent contractor agreement template

New Mexico HR Independent Contractor Agreement

This New Mexico HR Independent Contractor Agreement ("Agreement") is made and effective as of [Date], by and between:

• [Client Legal Name], with a business address at [Client Business Address], hereinafter referred to as "Client,"
• and
• [Contractor Legal Name], with a business address at [Contractor Business Address], hereinafter referred to as "Contractor."

1. Scope of Services

• Option A: The Contractor shall provide the following HR services to the Client: [Detailed Description of HR Services, including specific tasks like recruiting, onboarding, training, policy development, employee relations consulting, benefits administration, compensation analysis, compliance audits, HR system implementation, and ongoing HR support. Include measurable deliverables and performance standards.]
• Option B: The Contractor shall provide HR services as outlined in Exhibit A, attached hereto and incorporated by reference.

2. Work Location

• Option A: The services shall be performed primarily on-site at the Client's New Mexico workplace located at [Client Workplace Address].
• Option B: The services shall be performed remotely.
• Option C: The services shall be performed both on-site and remotely, with on-site presence required [Frequency/Schedule, e.g., twice a month, every Tuesday].

3. Working Hours and Availability

• Option A: The Contractor shall be available during the Client's regular business hours, which are [Days of the Week] from [Start Time] to [End Time] Mountain Time.
• Option B: The Contractor shall maintain availability as reasonably required to fulfill the obligations outlined in Section 1.
• Option C: The Contractor shall respond to communications from the Client within [Number] business hours.

4. Fees and Payment

• Option A: The Client shall pay the Contractor an hourly rate of [Dollar Amount] per hour.
• Option B: The Client shall pay the Contractor a fixed fee of [Dollar Amount] per project, as defined in Exhibit B.
• Option C: The Client shall pay the Contractor a retainer fee of [Dollar Amount] per [Frequency, e.g., month, quarter].
• Payment Schedule: The Client shall pay the Contractor within [Number] days of receiving an invoice. Invoices must include sufficient backup documentation as required by the Client.
• Late Payment Penalty: Late payments shall accrue interest at a rate of [Percentage]% per month.
• Disputed Invoices: Any disputed invoice must be submitted to the Client in writing within [Number] days of receipt.

5. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. The Client shall not be responsible for withholding taxes, providing benefits, or paying unemployment insurance or workers' compensation for the Contractor. The Contractor is solely responsible for the payment of all applicable federal, state (including New Mexico gross receipts tax), and local taxes, insurance, and licensing fees. This agreement is intended to reflect the principles of the New Mexico Worker Classification Test and relevant case law.

6. Insurance

• The Contractor shall maintain the following insurance coverage:
• General Liability Insurance with a minimum limit of [Dollar Amount] per occurrence.
• Professional Liability Insurance (Errors and Omissions) with a minimum limit of [Dollar Amount] per claim.
• The Contractor shall provide the Client with certificates of insurance and shall notify the Client in writing within [Number] days of any cancellation or material change in coverage.

7. Data Security and Privacy

The Contractor shall comply with all applicable state and federal data protection statutes, including practices specific to handling sensitive employee information, background checks, medical records, and compliance with both New Mexico and federal privacy laws such as HIPAA (if relevant) and FCRA. The Contractor shall maintain the confidentiality of all Client and employee information.

8. Ownership of Work Product

• Option A: All work product, HR policies, templates, and other deliverables created by the Contractor in connection with this Agreement shall be the sole and exclusive property of the Client.
• Option B: The Client shall own all work product except for [Specific Items Retained by Contractor, e.g., proprietary software], which shall remain the property of the Contractor.
• Post-Termination Use: Upon termination of this agreement, the contractor shall return to the client all copies of documents, data, and other materials that are owned by the client.

9. Confidentiality

The Contractor acknowledges that, in the course of providing services under this Agreement, they may have access to confidential information of the Client, including but not limited to employee or candidate personnel files, proprietary information, and trade secrets. The Contractor agrees to keep all such information confidential and shall not disclose it to any third party or use it for any purpose other than performing the services under this Agreement. This provision is intended to comply with the New Mexico Uniform Trade Secrets Act.

10. Conflict of Interest

The Contractor shall disclose to the Client any potential conflict of interest or any relationship or project with other New Mexico businesses that may impact their impartiality or compliance with this Agreement. The Contractor has an ongoing obligation to update this disclosure.

11. Service Levels and Performance Review

The Contractor shall provide services that meet industry standards. The Client shall provide feedback and conduct periodic performance reviews with the Contractor to ensure that services are meeting the Client's needs. The client shall offer support and cooperation as is reasonably necessary to allow the contractor to provide the outlined services.

12. Liability and Indemnification

The Contractor shall be liable for any damages caused by their negligence or willful misconduct in the performance of services under this Agreement, including negligent HR advice, regulatory violations, or failure to address mandatory employment-related compliance issues. The Contractor shall indemnify and hold harmless the Client from any claims, losses, or expenses arising out of such negligence or misconduct, subject to limitations imposed by New Mexico law.

13. Termination

• Option A: Either party may terminate this Agreement upon [Number] days' written notice to the other party.
• Option B: The Client may terminate this Agreement immediately for cause, including but not limited to breach of confidentiality, data breach, or legal/regulatory noncompliance.
• Consequences of Termination: Upon termination, the Contractor shall return all Client property, including records and data. The Client shall pay the Contractor for services rendered up to the date of termination.

14. Dispute Resolution

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

• Escalation: The parties shall first attempt to resolve the dispute through good-faith negotiation between their respective representatives.
• Mediation: If negotiation fails, the parties shall submit the dispute to mandatory mediation in [City, New Mexico].
• Arbitration: If mediation fails, the dispute shall be resolved by binding arbitration in [City, New Mexico] in accordance with the rules of the American Arbitration Association and New Mexico law.

15. Record Retention

The Contractor shall retain all HR records in compliance with New Mexico labor and privacy laws and shall transfer or destroy such records upon termination of this Agreement as directed by the Client.

16. Compliance with Laws

The Contractor shall comply with all applicable federal and state HR, labor, and anti-discrimination laws, including but not limited to Title VII, ADA, FMLA, New Mexico Human Rights Act, and New Mexico Minimum Wage Act.

17. Background Checks and Drug Screening

• Option A: The Contractor agrees to undergo a background check at the Client's expense.
• Option B: The Contractor agrees to undergo drug screening at the Client's expense.
• Option C: This clause is not applicable.

18. Notice and Amendment

All notices under this Agreement must be in writing and delivered by certified mail or email to the addresses set forth above. This Agreement may be amended only by a written instrument signed by both parties.

19. Assignment and Subcontracting

The Contractor shall not assign or subcontract any of its duties under this Agreement without the Client's prior written consent.

20. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

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

____________________________
[Client Legal Name]

By: [Client Name], [Client Title]

____________________________
[Contractor Legal Name]

By: [Contractor Name], [Contractor Title]