Oklahoma maintenance independent contractor agreement template

Oklahoma Maintenance Independent Contractor Agreement

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

[Client Full Legal Name], with a business address at [Client Business Address], and contact details including phone number [Client Phone Number] and email address [Client Email Address] (hereinafter referred to as "Client"),

and

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

Scope of Services

The Contractor agrees to provide the following maintenance services (the "Services") at the location(s) specified in Section 5:

• Option A: General maintenance and repairs as needed.
• Option B: Preventive maintenance as per the attached schedule (Exhibit A).
• Option C: Specific services including:
  • Preventive maintenance.
  • Repairs.
  • Cleaning.
  • HVAC maintenance.
  • Electrical maintenance.
  • Plumbing maintenance.
  • Landscaping.
  • Property upkeep.
  • Inspections.
  • Emergency response.
  • Seasonal tasks.
  • Deliverable descriptions: [Description of Deliverables].

Service Standards and Performance

The Contractor shall perform the Services in a professional and workmanlike manner, meeting the following standards:

• Option A: Industry standards for similar services in Oklahoma.
• Option B: Specific performance standards:
  • Response time: [Response Time].
  • Service frequency: [Service Frequency].
  • Documentation and reporting requirements: [Documentation Requirements].
  • Material/parts/tools/equipment responsibility: [Responsibility for Supplies].

Property Access

The Client shall provide the Contractor with access to the property as needed to perform the Services, according to the following protocols:

• Option A: Standard business hours.
• Option B: 24/7 access with prior notification.
• Option C: Key/card/fob management: [Key Management Procedures].
• Access times: [Access Times].
• Security policies: [Security Policies].
• Compliance with Oklahoma safety regulations including Oklahoma OSHA: [Oklahoma OSHA Compliance Details].

Additional Services

Any services requested by the Client beyond the scope defined in Section 1 shall be considered additional services and subject to the following:

• Option A: Prior written approval from the Client.
• Option B: Verbal approval from the Client, followed by written confirmation.
• Change order process: [Change Order Process].
• Pricing adjustment: [Pricing Adjustment Details].

Work Locations

The Services will be performed at the following location(s) within Oklahoma:

• Option A: Client's primary facility at [Client's Primary Facility Address].
• Option B: Multiple sites as listed in Exhibit B.
• Option C: Specific geographic boundaries: [Geographic Boundaries].

Compensation and Payment

The Client shall compensate the Contractor for the Services as follows:

• Option A: Hourly rate of [Hourly Rate] per hour.
• Option B: Flat fee of [Flat Fee Amount] per project.
• Option C: Project-based fee as detailed in Exhibit C.
• Option D: Retainer of [Retainer Amount] per [Time Period].
• Payment terms: [Payment Terms].
• Invoicing format and schedule: [Invoicing Details].
• Reimbursement for out-of-pocket expenses: [Expense Reimbursement Details].
• Contractor’s responsibility for Oklahoma state income and sales tax: [Tax Responsibility Details].
  • Contractor must provide a W-9.
  • If necessary, Contractor must provide a Certificate of Good Standing with the Oklahoma Tax Commission.

Oklahoma Use Tax and Sales Tax

• Option A: Oklahoma use tax/sales tax applies to supplied parts/materials.
• Option B: Oklahoma use tax/sales tax does not apply.
• Responsibility for compliance, collection, and remittance of Oklahoma sales tax or use tax where applicable: [Tax Compliance Responsibility].

Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. This Agreement does not create an employer-employee relationship as defined by Oklahoma law.

• Contractor is not entitled to employee benefits, unemployment, or workers' compensation from the Client.
• Contractor shall provide their own insurance, including:
  • General liability insurance: [Coverage Amount].
  • Vehicle insurance: [Coverage Amount].
  • Workers' compensation insurance (if required by Oklahoma law): [Coverage Amount].
  • Policy endorsements naming the Client as an additional insured (if required): [Endorsement Requirements].

Licensing and Permits

The Contractor is responsible for obtaining and maintaining all necessary licenses and permits required to perform the Services in Oklahoma, including but not limited to licenses from the Oklahoma Construction Industries Board for electrical, HVAC, or plumbing work.

• Contractor’s specific Oklahoma licenses: [List of Licenses].

Warranty and Guarantees

The Contractor warrants that the Services will be performed in a good and workmanlike manner.

• Option A: Industry-standard warranty period of [Warranty Period].
• Option B: Specific warranty terms: [Warranty Terms].
• Contractor's liability for rework or repair under Oklahoma law: [Liability Details].

Confidentiality and Data Security

The Contractor agrees to maintain the confidentiality of all Client information obtained during the course of this Agreement, in accordance with Oklahoma law on protection of trade secrets.

• Confidentiality obligations: [Confidentiality Details].
• Data security measures: [Data Security Measures].
• Compliance with Oklahoma law on trade secrets: [Oklahoma Trade Secret Law Compliance].

Liability and Indemnification

The Contractor shall be responsible for property damage and third-party liability arising out of the Contractor's negligence.

• Claims notification procedures: [Claims Procedures].
• Limits and exclusions of liability: [Liability Limits].
• Indemnification provisions under Oklahoma law: [Indemnification Details].

Subcontracting

• Option A: Subcontracting is not permitted.
• Option B: Subcontracting is permitted with prior written approval from the Client.
• Contractor is responsible for ensuring subcontractor licensing and compliance under Oklahoma law: [Subcontractor Compliance Details].

Intellectual Property

• Option A: All intellectual property arising from the Services shall belong to the Client.
• Option B: Contractor retains ownership of intellectual property, granting Client a license to use.
• Details of ownership and licensing: [Ownership Details].

Termination

This Agreement may be terminated as follows:

• Option A: By either party with [Number] days written notice.
• Option B: Immediate termination by either party for material breach of this Agreement.
• Payment for partial completion: [Partial Completion Payment Details].
• Final settlement procedures: [Final Settlement Procedures].
• Return of property: [Return of Property Details].
• Transition assistance: [Transition Assistance Details].
• Ten (10) day written notice obligation for termination-at-will as per the Oklahoma contract code (if applicable): [Details of Ten-day Written Notice Obligation].

Dispute Resolution

Any disputes arising out of this Agreement shall be resolved as follows:

• Prioritize amicable resolution through negotiation.
• Mediation in accordance with the Oklahoma Mediation Act.
• Arbitration in accordance with the Oklahoma Arbitration Act.
• Governing law and venue: Oklahoma state courts in [County Name] County.

Compliance with Laws

The Contractor shall comply with all applicable Oklahoma state, county, and municipal laws, regulations, and industry standards, including but not limited to occupational licensing, environmental codes, building codes, and hazardous material disposal.

• Compliance with Oklahoma OSHA standards and injury reporting obligations: [Oklahoma OSHA Compliance and Reporting].

Required Notices

• Notice regarding independent contractor classification rights and obligations as outlined under Oklahoma law: [Notice Text].
• Prohibition on unlawful discrimination or harassment in service delivery: [Prohibition Text].

Modification and Waiver

Any modification or waiver of the terms of this Agreement must be in writing and signed by both parties, in compliance with the Oklahoma Uniform Electronic Transactions Act (UETA) if electronic records and signatures are used.

Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements and understandings, whether written or oral.

• Oklahoma-specific disclosure requirements: [Disclosure Requirements].

Standard Clauses

• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Force Majeure: Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by an event of force majeure.
• Assignment: This Agreement may not be assigned by either party without the prior written consent of the other party, compliant with Oklahoma law.
• Notices: All notices under this Agreement shall be in writing and delivered by certified mail or email to the addresses listed above, in accordance with Oklahoma statutes.

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

____________________________
[Client Full Legal Name]

____________________________
[Contractor Full Legal Name]