New York maintenance independent contractor agreement template

New York Maintenance Independent Contractor Agreement

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

• [Client Legal Name], residing at [Client Business Address], hereinafter referred to as "Client," and
• [Contractor Legal Name], residing at [Contractor Business Address], hereinafter referred to as "Contractor."

Client and Contractor agree as follows:

Scope of Services

• Option A: The Contractor shall provide the following maintenance services to the Client: [Detailed description of maintenance services, including routine, preventive, and emergency tasks, e.g., HVAC maintenance, plumbing repairs, electrical work, carpentry, painting, janitorial services, landscaping, equipment repair, seasonal services]. This includes, but is not limited to, [Specific Service Obligation 1], [Specific Service Obligation 2], and [Specific Service Obligation 3].
• Option B: The Contractor shall provide maintenance services as requested by the Client on a per-project basis. Each project will be governed by a separate written work order detailing the specific services to be performed, materials to be used, and compensation to be paid.
• All services shall be performed in a professional and workmanlike manner, in accordance with industry standards and all applicable New York State and local codes. The Contractor is responsible for providing all necessary materials, tools, and equipment. Ownership of such items remains with the Contractor.

Work Schedule and Location

• Option A: The Contractor shall provide services according to the following schedule: [Detailed Work Schedule, e.g., Monday-Friday, 9:00 AM - 5:00 PM, or As Needed]. Response time for urgent repairs shall not exceed [Number] hours.
• Option B: The Contractor's schedule will be determined on a per-project basis as outlined in the individual work orders.
• The services shall be performed at the following location(s): [Address(es) of Premises]. The Contractor shall adhere to all Client's access procedures and site-specific requirements.
• The Contractor is responsible for complying with all applicable New York City building codes and safety regulations.

Term and Termination

• Option A: This Agreement shall commence on [Start Date] and shall continue for a term of [Number] [Months/Years], expiring on [End Date].
• Option B: This Agreement shall continue until terminated by either party.
• Either party may terminate this Agreement with [Number] days written notice.
• The Client may terminate this Agreement immediately for material breach of contract, violation of law, or unsafe work practices by the Contractor.
• Upon termination, the Contractor shall return all Client property and keys.

Compensation

• Option A: The Client shall pay the Contractor at a rate of [Dollar Amount] per hour.
• Option B: The Client shall pay the Contractor a flat fee of [Dollar Amount] per project, as agreed upon in writing prior to commencement of work.
• Option C: The Client shall pay the Contractor a minimum call-out fee of [Dollar Amount] plus [Dollar Amount] per hour for services rendered.
• The Contractor shall submit invoices to the Client [Frequency of Invoices, e.g., Weekly, Bi-Weekly, Monthly]. Payment shall be made within [Number] days of receipt of invoice.
• Late payments shall accrue interest at a rate of [Percentage] per month, or the maximum rate permitted by New York law.
• The Contractor is solely responsible for all federal, New York State, and New York City taxes, including self-employment taxes. The Client will issue an IRS Form 1099 to the Contractor as required.

Independent Contractor Status

• It is the express intention of the parties that the Contractor is an independent contractor and not an employee, agent, partner, or joint venturer of the Client. Nothing in this Agreement shall be construed as creating an employer-employee relationship.
• The Contractor is solely responsible for filing all required tax returns and paying all applicable taxes, including New York State and City taxes.
• The Contractor shall be solely responsible for obtaining and maintaining workers' compensation insurance as required by New York Workers' Compensation Law, or for filing Form CE-200 if exempt.
• The Contractor shall indemnify and hold harmless the Client from any and all claims arising from the Contractor's misclassification as an independent contractor.

Insurance

• The Contractor shall maintain the following insurance coverage:
  • General Liability Insurance: [Dollar Amount] per occurrence
  • Property Damage Insurance: [Dollar Amount] per occurrence
  • Workers' Compensation Insurance: As required by New York law (or a CE-200 exemption certificate)
• The Contractor shall provide the Client with certificates of insurance upon request.

Subcontractors

• Option A: The Contractor shall not subcontract any services without the Client's prior written consent.
• Option B: The Contractor may subcontract services without the Client's consent, provided that the Contractor remains fully responsible for the performance of all subcontractors and ensures that all subcontractors comply with all applicable laws and regulations.
• The Contractor is responsible for ensuring that all subcontractors maintain adequate insurance coverage.

Compliance with Laws

• The Contractor shall comply with all applicable federal, New York State, and New York City laws and regulations, including, but not limited to, labor laws, workplace safety laws, environmental regulations, and anti-discrimination laws.
• The Contractor shall maintain all required licenses and permits.
• If services are performed on public or certain multifamily housing properties, the Contractor shall comply with New York Labor Law §220 (prevailing wage law) if applicable.

Confidentiality

• The Contractor shall maintain the confidentiality of all Client information, including security codes and business records.
• The Contractor shall not use or disclose any confidential information without the Client's prior written consent.

Intellectual Property

Any intellectual property created by the Contractor in connection with the services provided under this Agreement shall be owned by the Client.

Indemnification and Liability

The Contractor shall indemnify and hold harmless the Client from any and all claims, losses, damages, liabilities, costs, and expenses arising out of or relating to the Contractor's performance of services under this Agreement, including personal injuries, property damage, and third-party claims.

Inspection and Acceptance

• The Client shall have the right to inspect the Contractor's work upon completion.
• The Client shall notify the Contractor of any deficiencies or defects in the work.
• The Contractor shall correct any deficiencies or defects at its own expense.

Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including, but not limited to, acts of God, weather events, natural disasters, strikes, or government actions.

Dispute Resolution

• Any disputes arising out of or relating to this Agreement shall be resolved through negotiation and mediation. If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
• This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
• The exclusive jurisdiction and venue for any legal action arising out of or relating to this Agreement shall be in the courts of the State of New York.

Other Provisions

• The Contractor affirms that they are following fair wage laws and maintaining records according to New York standards for independent contractor payments.
• The Contractor is responsible for notifying the Client of any material legal or regulatory change affecting performance of duties.
• The Contractor shall provide a completed IRS Form W-9 to the Client.
• Background checks will be required if services involve tenant-occupied premises.
• The Client will not provide workspaces, benefits, equipment, or supervision to the Contractor beyond the defined scope.
• This Agreement may not be assigned or transferred by either party without the prior written consent of the other party.
• This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• This Agreement may be amended only by a writing signed by both parties.
• If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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

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[Client Legal Name]

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[Client Printed Name]

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[Contractor Legal Name]

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[Contractor Printed Name]