North Dakota maintenance independent contractor agreement template

North Dakota Maintenance Independent Contractor Agreement

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

• [Client Name], located at [Client Address], phone number [Client Phone Number], email address [Client Email Address] ("Client"),
• and
• [Contractor Name], located at [Contractor Address], phone number [Contractor Phone Number], email address [Contractor Email Address] ("Contractor").

1. Scope of Services

The Contractor shall provide the following maintenance services to the Client:

• Option A: Facility Repair:
  • Detailed Description: [Detailed description of facility repair services]
• Option B: Equipment Upkeep:
  • Detailed Description: [Detailed description of equipment upkeep services]
• Option C: Groundskeeping:
  • Detailed Description: [Detailed description of groundskeeping services]
• Option D: HVAC Maintenance:
  • Detailed Description: [Detailed description of HVAC maintenance services]
• Option E: Janitorial Services:
  • Detailed Description: [Detailed description of janitorial services]
• Option F: Preventative Checks:
  • Detailed Description: [Detailed description of preventative checks services]

Deliverables: [Specific deliverables expected from the Contractor]

Methods: [Specific methods to be used by the Contractor]

Required Certifications: [List of required certifications for the Contractor]

Materials/Tools Supplied by Contractor: [List of materials and tools to be supplied by the Contractor]

Materials/Tools Supplied by Client: [List of materials and tools to be supplied by the Client]

2. Service Location

The services shall be provided at the following location(s):

• Option A: Client Premises: [Client Address(es)]
• Option B: Remote Location: [Contractor's Address or other specified location]
• Option C: Multiple Sites: [List of multiple sites]

Access Requirements: [Specific access requirements for each location, e.g., key codes, security protocols]

Hours of Operation: [Specific hours of operation for service provision]

Safety Protocols: [Specific safety protocols to be followed, compliant with North Dakota labor and safety laws]

3. Schedule and Service Period

This Agreement shall commence on [Start Date] and shall continue until [End Date].

• Option A: Contract Term:
  • Renewal Term: [Renewal Term Length]
• Option B: Project Milestones:
  • Milestone 1: [Milestone 1 Description and Date]
  • Milestone 2: [Milestone 2 Description and Date]
• Option C: Lead Times:
  • Urgent Repairs: [Response time for urgent repairs]
  • Routine Repairs: [Response time for routine repairs]
• Option D: Service Calls:
  • Response Time: [Time to respond to service calls]
  • Resolution Time: [Time to resolve service calls]

4. Payment Terms

The Client shall pay the Contractor as follows:

• Option A: Hourly Rate: [Hourly Rate]
• Option B: Per Service: [Rate per Service]
• Option C: By Milestone: [Payment amount per milestone]
• Option D: Recurring Fee: [Recurring Fee Amount and Frequency]

Invoicing Frequency: [Frequency of invoicing, e.g., monthly, bi-weekly]

Supporting Documentation: [Required supporting documentation for invoices]

Reimbursement for Materials: [Terms for reimbursement of materials]

Late Payment Interest Rate: [Late payment interest rate, compliant with North Dakota law]

5. Tax Compliance

The Contractor shall:

• Option A: Provide a valid North Dakota tax ID number: [North Dakota Tax ID Number, if applicable].
• Option B: Be responsible for all federal, state, and local tax filings, including sales and use tax if materials are sold.
• Option C: Certify that no employee/employer relationship exists under North Dakota law.

6. Insurance

The Contractor shall maintain the following insurance coverage:

• Option A: Liability Insurance: [Minimum Coverage Limit]
  • Additional Insured Endorsement naming the Client.
• Option B: Workers' Compensation Insurance: [Required if the Contractor uses employees, compliant with North Dakota WSI rules]
• Option C: Proof of Insurance: Contractor shall provide proof of insurance to Client.

The Contractor expressly acknowledges and agrees that they are not misclassified under North Dakota law.

7. Independent Contractor Status

The Contractor is an independent contractor and not an employee or agent of the Client. The Contractor shall be solely responsible for all wages, benefits, tax withholdings, and occupational licensing as required in North Dakota. The Contractor acknowledges that they are not covered by the Client's benefit, insurance, or retirement plans.

8. Non-Exclusivity and Subcontracting

• Option A: Non-Exclusivity: This Agreement is non-exclusive. The Client may engage other contractors to provide similar services.
• Option B: Exclusivity: This Agreement is exclusive, meaning the client will not engage other contractors to provide the same services.
• Option C: Subcontracting:
  • Permissible Subcontracting: [Specify if subcontracting is permitted]
  • Subcontractor Qualification Requirements: [List of qualifications for subcontractors]
  • Disclosure Obligations: [Obligations to disclose subcontractors to the Client]
  • Subcontractor Compliance: All subcontractors must comply with all North Dakota regulatory and insurance requirements.

9. Supervision and Quality Control

The Client reserves the right to inspect the Contractor's work and ensure it meets the following quality standards:

• Measurable Quality Standards: [Specific quality standards for repairs and maintenance]
• Routine Reports: [Required routine reports and frequency]
  • Sample Checklists: [Provide sample checklists, if applicable]
• Photographic Proof: [Requirement for photographic proof of completed work]
• Documentation: [Required documentation for asset management or warranty preservation]

10. Confidentiality

The Contractor shall maintain the confidentiality of all Client business, access codes, facility operations, or proprietary data. The Contractor shall comply with any specific North Dakota privacy or data protection standards applicable to the facility type.

11. Ownership of Work Product

• Option A: Work Product Ownership: All inventions, modifications, or maintenance records shall remain the property of the Client.
• Option B: Work-for-Hire Status: The services provided under this Agreement shall be considered "work-for-hire" under North Dakota law.
• Option C: Record Preservation: The Contractor shall preserve and transfer all records to the Client at the end of the Agreement.

12. Tools, Equipment, and Materials

The following shall be provided as follows:

• Tools and Equipment provided by Contractor: [List of tools and equipment provided by the Contractor]
• Tools and Equipment provided by Client: [List of tools and equipment provided by the Client]
• Uniforms and Protective Gear: [Specify who provides uniforms and protective gear]
• Compliance with OSHA and North Dakota Department of Labor workplace safety rules.
• Contractor Duty: The Contractor shall comply with all relevant state and local licensing or permit requirements for maintenance activities in North Dakota.

13. Liability

The Contractor shall be liable for:

• Breach of contract
• Substandard maintenance
• Property damage
• Injury
• Late or incomplete performance

Cure Period: [Specific cure period for addressing issues]

Indemnification: [Indemnification provisions, compliant with North Dakota law]

Limitations of Liability: [Limitations of liability, compliant with North Dakota law]

14. Force Majeure

Neither party shall be liable for delays or failures to perform due to force majeure events, including:

• Severe weather
• Flooding
• Emergency conditions

Specific to North Dakota: [Include specific force majeure events relevant to North Dakota, e.g., blizzards, droughts]

Contractor Obligations: [Contractor's obligations for storm or disaster response, if applicable]

15. Termination

This Agreement may be terminated as follows:

• Option A: Termination for Cause: [Describe reasons for termination for cause]
• Option B: Termination for Convenience: [Allowed with [Number] days written notice]
• Notice Requirements: [Specific notice requirements, compliant with North Dakota law]
• Final Payments: [Terms for calculation and responsibility for final payments]
• Settlement of Claims: [Procedures for settling outstanding claims]
• Return of Materials: [Requirement for the return or transfer of Client materials, access cards, and confidential information]

16. Dispute Resolution

Any disputes arising under this Agreement shall be resolved as follows:

• Good-Faith Negotiation: Parties shall attempt to resolve the dispute through good-faith negotiation.
• Mediation/Arbitration: [Specify whether mediation or binding arbitration is required, and the location within North Dakota]
• Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota. The courts of North Dakota shall have jurisdiction over any litigated disputes.

17. Compliance with Laws

The Contractor shall comply with all North Dakota state contractor registration, bonding, or licensing requirements for maintenance professionals.

18. Non-Solicitation

The Contractor shall not solicit:

• Option A: Client Staff: [Restricting solicitation of Client staff]
• Option B: Tenants: [Restricting solicitation of Client's tenants]
• Option C: Limits on Working for Competitors: [Restrictions on working for competitors or soliciting business onsite during or after the Agreement]

19. Safety Incidents and Reporting

The Contractor shall:

• Report all safety incidents, reportable violations, or regulatory inspection findings consistent with North Dakota Department of Labor and Industry requirements.
• Maintain records of safety incidents.

20. Miscellaneous Provisions

• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Merger/Integration: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• Amendment: This Agreement may be amended only by a written instrument signed by both parties.
• Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
• Assignment: This Agreement may not be assigned by either party without the prior written consent of the other party.

21. Client Satisfaction

The Client may conduct periodic satisfaction surveys or review meetings to capture performance feedback and ensure service alignment.

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

____________________________

[Client Name]

____________________________

[Contractor Name]