New Mexico maintenance independent contractor agreement template

New Mexico Maintenance Independent Contractor Agreement

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

• [Client Name], a [Client Business Entity, e.g., Individual, LLC, Corporation], with a mailing address of [Client Mailing Address] and a physical address of [Client Physical Address], phone number [Client Phone Number], and email address [Client Email Address] (hereinafter referred to as “Client”),

and

• [Contractor Name], a [Contractor Business Entity, e.g., Individual, LLC, Corporation], with a mailing address of [Contractor Mailing Address] and a physical address of [Contractor Physical Address], phone number [Contractor Phone Number], and email address [Contractor Email Address] (hereinafter referred to as “Contractor”).

Scope of Services

• Option A: Contractor shall perform the following maintenance services at the Client’s property located at [Property Address]: [List Specific Maintenance Tasks, e.g., HVAC maintenance, plumbing repairs, landscaping, janitorial services].
• Option B: Contractor shall perform maintenance services as detailed in Exhibit A attached hereto, which describes the specific tasks, locations, priority response expectations, anticipated service hours, and on-call requirements.
• Location of Services: Services will be provided at [Specific Location(s) of Service Provision].
• Priority Response Expectations: Contractor shall respond to emergency maintenance requests within [Number] hours.
• Anticipated Service Hours: The anticipated service hours are [Days of the Week], [Time] to [Time].
• On-Call Requirements: Contractor [Shall / Shall Not] be on-call. On-call hours are [Days of the Week], [Time] to [Time].

Performance Standards and Deliverables

• Option A: Contractor shall perform all services in a professional and workmanlike manner, in accordance with industry best practices and all applicable New Mexico state and local codes, including but not limited to Albuquerque property maintenance regulations, OSHA, and New Mexico Occupational Health and Safety Bureau requirements.
• Option B: The following specific performance standards and deliverables are required: [List Specific Standards and Deliverables, e.g., monthly inspection reports, adherence to manufacturer's specifications].

Materials, Equipment, and Tools

• Option A: Contractor shall provide all materials, equipment, and tools necessary to perform the services. Contractor is responsible for the safe operation and maintenance of all tools and equipment and compliance with New Mexico environmental and disposal regulations.
• Option B: Client shall provide the following materials, equipment, and tools: [List Items Provided by Client]. Contractor shall provide all other necessary materials, equipment, and tools.

Record Keeping and Reporting

• Option A: Contractor shall maintain accurate records of all services performed, including service logs, inspection reports, and incident notices. Records shall be provided to Client [Frequency, e.g., weekly, monthly] or upon request.
• Option B: Contractor shall provide the following specific reports: [List Specific Reports, e.g., weekly service logs, monthly inspection reports]. Reports shall be submitted to [Recipient] via [Method, e.g., email, online portal].

Payment

• Option A: Client shall pay Contractor at the rate of [Dollar Amount] per hour for services performed.
• Option B: Client shall pay Contractor a fixed fee of [Dollar Amount] per service as described in Exhibit B attached hereto.
• Option C: Client shall pay Contractor a recurring contract payment of [Dollar Amount] per [Frequency, e.g., week, month].
• Overtime/After-Hours Premium: Overtime (hours exceeding 40 in a work week) and after-hours (defined as [Time] to [Time]) work will be paid at a rate of [Dollar Amount] per hour.
• New Mexico Gross Receipts Tax: Contractor is responsible for the payment of all applicable New Mexico gross receipts tax.
• Invoicing: Contractor shall submit invoices to Client [Frequency, e.g., monthly].
• Payment Schedule: Client shall pay Contractor within [Number] days of receipt of invoice.
• Late Payment Interest/Penalties: Late payments shall accrue interest at a rate of [Percentage] per month.
• Reimbursement for Expenses: Client shall reimburse Contractor for approved expenses, upon submission of proper documentation. Approved expenses include [List Approved Expenses].

Independent Contractor Status

• Contractor is an independent contractor and not an employee, agent, or partner of Client. Contractor is solely responsible for all federal, New Mexico state, city, and local taxes, unemployment, worker’s compensation insurance (if applicable), and liability insurance.
• Insurance: Contractor shall maintain liability insurance with a minimum coverage of [Dollar Amount] and provide proof of insurance to Client.
• Licenses and Certifications: Contractor possesses the following professional certifications and licenses required by New Mexico law for the services provided: [List Licenses and Certifications].

Non-Solicitation and Non-Compete

• Option A: During the term of this Agreement and for a period of [Number] years following its termination, Contractor shall not solicit or attempt to solicit any clients of Client for the purpose of providing maintenance services.
• Option B: During the term of this Agreement and for a period of [Number] years following its termination, Contractor shall not compete with Client by providing maintenance services to properties located within [Number] miles of [Client's Location]. This clause is limited to the provision of [Specific Type of Maintenance Service] only.

Client Property, Access, and Security

• Contractor shall handle Client property with care and shall be responsible for any damage caused by Contractor’s negligence.
• Access: Client shall provide Contractor with access to the property as necessary to perform the services.
• Key/Code Custody: Contractor shall be responsible for the safe custody of any keys or access codes provided by Client.
• Accidental Damage, Loss, or Theft: Contractor shall immediately report any accidental damage, loss, or theft to Client.

Confidentiality

Contractor shall maintain the confidentiality of all sensitive property or business information encountered during the performance of services. This obligation shall survive the termination of this Agreement for a period of [Number] years.

Intellectual Property and Work Product Ownership

All maintenance reports, recommendations, plans, or installation work product created during the term of this Agreement shall be the property of [Client / Contractor].

Subcontracting and Assignment

Contractor shall not subcontract or assign any of the work under this Agreement without the prior written consent of Client, which consent may be withheld in Client's sole discretion. Any subcontractor must comply with all applicable New Mexico contractor licensing regulations.

Client Obligations

Client shall provide Contractor with reasonable site access, utilities, and timely feedback. Client shall also provide any necessary safety training related to the specific maintenance environment.

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, New Mexico].
• If mediation fails, the parties may pursue arbitration or litigation in the courts of New Mexico, and New Mexico law shall govern.

Termination

• Option A: This Agreement shall terminate on [Date].
• Option B: This Agreement shall continue until terminated by either party upon [Number] days written notice.
• Termination for Cause: Client may terminate this Agreement immediately for cause if Contractor breaches any material term of this Agreement.
• Final Payment: Upon termination, Client shall pay Contractor for all services performed up to the date of termination.
• Completion of Ongoing Assignments: Upon termination, Contractor shall [Complete/Not Complete] any ongoing maintenance assignments.
• Property/Equipment Return: Contractor shall return all Client property and equipment upon termination.
• Handover of Client Records: Contractor shall hand over all Client records to Client upon termination.

Indemnification and Liability

Contractor shall indemnify and hold Client harmless from any and all claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising out of or relating to Contractor’s performance of services under this Agreement, including but not limited to property damage, personal injury, regulatory violations, or breach of state/local building/environmental codes caused by Contractor’s actions or omissions.

Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, fire, flood, earthquake, or other natural disaster, or state-wide emergencies.

Performance Review

The parties shall conduct a periodic performance review on [Date], to evaluate the quality and effectiveness of the services provided.

Compliance with Laws

Contractor shall comply with all applicable federal, state, and local laws, including the New Mexico Human Rights Act. Contractor shall also provide proof of insurance certificate filing if required by Client. This Agreement also complies with all applicable requirements under the Public Works Minimum Wage Act.

Amendments

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

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

[Client Signature]

[Client Printed Name]

[Client Role]

[Date]

[Contractor Signature]

[Contractor Printed Name]

[Contractor Role]

[Date]