Ohio maintenance independent contractor agreement template

Ohio Maintenance Independent Contractor Agreement

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

[Client Legal Name], with a business address at [Client Business Address], contact number [Client Phone Number], email [Client Email Address], and Tax Identification Number [Client Tax ID] (hereinafter referred to as "Client"),

and

[Contractor Legal Name], with a business address at [Contractor Business Address], contact number [Contractor Phone Number], email [Contractor Email Address], and Tax Identification Number [Contractor Tax ID] (hereinafter referred to as "Contractor").

Description of Services

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

• Option A: General Maintenance:
  • A list of mandatory services: [List Mandatory Services, e.g., light bulb replacement, filter changes]
  • A list of optional services: [List Optional Services, e.g., painting, drywall repair]
• Option B: HVAC Servicing:
  • Routine maintenance: [Specify Routine HVAC Maintenance Details, e.g., filter cleaning, coil inspection]
  • Emergency repair services: [Specify Emergency HVAC Repair Services, e.g., compressor failure, refrigerant leak]
• Option C: Plumbing Repairs:
  • Routine plumbing maintenance: [Specify Routine Plumbing Maintenance Details, e.g., drain cleaning, leak detection]
  • Emergency plumbing repairs: [Specify Emergency Plumbing Repair Services, e.g., burst pipes, sewer backups]
• Option D: Electrical Maintenance:
  • Routine electrical maintenance: [Specify Routine Electrical Maintenance Details, e.g., outlet testing, panel inspection]
  • Emergency electrical repairs: [Specify Emergency Electrical Repair Services, e.g., power outages, faulty wiring]
• Option E: Grounds Keeping:
  • Lawn Maintenance: [Specify Lawn Maintenance Details, e.g., mowing, edging, fertilization]
  • Landscaping: [Specify Landscaping Details, e.g., pruning, planting, mulching]
• Option F: Janitorial Tasks: [Specify Janitorial Tasks, e.g., cleaning, sanitizing, trash removal]

Response Time Standards:

• Emergency Calls: [Specify Emergency Response Time, e.g., within 2 hours]
• Routine Calls: [Specify Routine Response Time, e.g., within 24 hours]

Service Frequency: [Specify Service Frequency, e.g., weekly, monthly, quarterly]

Maintenance Checklists: The contractor agrees to use the following checklists to verify work completion: [Specify Maintenance Checklists]

Reporting Work Completion: The Contractor agrees to report work completion via: [Specify Reporting Method, e.g., written report, online portal]

Quality Standards: All services must adhere to the standards outlined in [Specify Property/Equipment Codes, e.g., Ohio Building Code].

Job Sites and Premises

The services will be performed at the following location(s): [List of Job Site Addresses].

Site Access: The Client will provide the Contractor with access to the premises as needed. Access will be granted by [Specify Access Method, e.g., key, access code].

Use of Client Materials: The Contractor may use Client-provided materials as directed by the Client, but the Contractor is not required to.

Work Schedule

Standard Working Hours: [Specify Standard Working Hours, e.g., Monday-Friday, 8:00 AM - 5:00 PM].

On-Call Expectations: [Specify On-Call Expectations, if any, e.g., available 24/7 for emergencies].

Holiday/After-Hours Work: Work performed on holidays or after hours will be compensated as outlined in Section 5.

Materials, Equipment, and Tools

Contractor Responsibility: The Contractor is responsible for providing all materials, equipment, and tools necessary to perform the services, except for: [List Client-Provided Materials, Equipment, or Tools, if any].

OSHA Compliance: All equipment and materials used by the Contractor must comply with OSHA standards and relevant Ohio regulations.

Reimbursement Protocols: [Specify Reimbursement Protocols, if any, for Client-Provided Materials, e.g., receipt required, pre-approval needed].

Compensation

Option A: Hourly Rate: The Contractor will be paid an hourly rate of [Dollar Amount] per hour.

Option B: Per Job: The Contractor will be paid [Dollar Amount] per job, as defined in Exhibit A.

Option C: Monthly Retainer: The Contractor will be paid a monthly retainer of [Dollar Amount].

Overtime/Surcharges: Overtime or surcharges for emergency or off-hours calls will be calculated as [Specify Overtime/Surcharge Rate, e.g., 1.5x hourly rate].

Invoicing: The Contractor will submit invoices to the Client on a [Specify Invoicing Frequency, e.g., weekly, monthly] basis.

Payment Schedule: The Client will pay the Contractor within [Number] days of receiving a valid invoice.

Ohio Sales and Use Tax: The Contractor is responsible for all applicable Ohio sales and use taxes. The Contractor [will/will not] collect sales tax from the Client.

Supporting Documentation: The contractor agrees to provide the following supporting documentation when requesting payments: [Specify Supporting Documentation]

Client Approval Process: All invoices must be approved by [Specify Client Approval Person/Department] before payment is issued.

Expense Reimbursement

Allowable Costs: The following expenses are eligible for reimbursement: [List Allowable Expenses, e.g., mileage, parking].

Limits: Expense reimbursements are limited to [Dollar Amount] per [Specify Time Period, e.g., week, month].

Documentation: All expense reimbursements must be supported by receipts.

Independent Contractor Relationship

It is expressly understood and agreed that the Contractor is an independent contractor and not an employee, partner, or joint venturer of the Client.

The Contractor is responsible for paying all applicable Ohio and federal taxes, workers' compensation insurance (or waiving coverage if legally permissible), unemployment insurance, professional licensing fees, and local business registration fees.

The Client will not withhold any taxes from payments made to the Contractor.

Insurance and Licensing

The Contractor shall maintain the following insurance coverage:

• General Liability Insurance: [Specify Minimum Coverage Amount]
• Commercial Auto Coverage: [Specify Minimum Coverage Amount, if applicable]
• Worker's Compensation Insurance: (Unless a valid waiver is provided under Ohio Law)

The Contractor possesses the following licenses and certifications required to perform the services in Ohio: [List Licenses and Certifications, e.g., plumber's license, electrician's license].

Proof of Insurance: The Contractor will provide the Client with proof of current insurance coverage upon request.

Workmanship and Material Quality

All services must be performed in a workmanlike manner and in accordance with industry best practices and all applicable Ohio building and property codes.

All materials used must be of good quality and suitable for their intended purpose.

Warranty

The Contractor warrants the completed maintenance services for a period of [Number] [Time Period, e.g., days, months] from the date of completion.

If any defects or deficiencies are discovered within the warranty period, the Contractor will remedy them at no cost to the Client.

Client Responsibilities

The Client will provide the Contractor with access to the premises as needed to perform the services.

The Client will provide the Contractor with access to utilities as needed to perform the services.

The Client will notify the Contractor of any hazardous conditions on the premises.

Subcontracting

Option A: Subcontracting Permitted: The Contractor may subcontract portions of the work with the prior written approval of the Client. All subcontractors must meet the same insurance, licensing, and compliance standards as the Contractor.

Option B: Subcontracting Prohibited: The Contractor may not subcontract any portion of the work without the prior written approval of the Client.

Confidentiality

The Contractor agrees to hold all client information, maintenance records, security codes, and other non-public information in strict confidence.

The Contractor shall comply with all applicable Ohio data protection laws.

Intellectual Property

All documentation, reports, maintenance logs, photographs, or other materials created during the performance of the services are the property of the Client.

The Contractor retains no rights to such materials unless explicitly agreed in writing.

Non-Solicitation

The Contractor agrees not to solicit the Client's tenants for competing services for a period of [Number] [Time Period, e.g., months] after the termination of this Agreement.

Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through informal negotiation.

If negotiation is unsuccessful, the parties agree to attempt mediation or arbitration before resorting to litigation.

This Agreement shall be governed by the laws of the State of Ohio. Any litigation shall be brought in the appropriate court in [Ohio County Name] County, Ohio.

OSHA Violations and Indemnification

The Contractor shall be responsible for addressing any OSHA violations, code breaches, or insurance claims arising from the Contractor's negligence or non-compliance.

The Contractor agrees to defend and hold harmless the Client from any damages caused by the Contractor's negligence, non-compliance, or regulatory violations.

Termination

This Agreement shall terminate on [Date].

Either party may terminate this Agreement early by providing [Number] days written notice to the other party.

The Client may terminate this Agreement immediately for cause, including safety violations, breach of contract, or non-performance.

Upon termination, the Contractor shall be entitled to final payment for services performed up to the date of termination.

The Contractor shall return all keys, access devices, and project records to the Client upon termination.

Change Orders

Any changes to the scope of services or compensation must be documented in a written change order signed by both parties.

Miscellaneous

Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control.

Assignment: This Agreement may not be assigned by either party without the prior written consent of the other party.

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

Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Amendments: This Agreement may be amended only by a written instrument signed by both parties.

Local Requirements

The Contractor will comply with all applicable local municipal and county requirements, including but not limited to [Specify Local Requirements, e.g., Cincinnati contractor registration, specific bonding].

Compliance Rules

The Contractor will comply with all applicable client-specific compliance rules, energy efficiency guidelines, and environmental or hazardous material handling requirements in line with Ohio and federal law.

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

[Client Legal Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]

[Contractor Legal Name]

By: [Contractor Signature]

Name: [Contractor Printed Name]

Title: [Contractor Title]