Oregon maintenance independent contractor agreement template

Oregon Maintenance Independent Contractor Agreement

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

• [Client Name], residing at [Client Address], with phone number [Client Phone Number] and email address [Client Email Address], hereinafter referred to as "Client," and
• [Contractor Name], residing at [Contractor Address] (or if a business, with a principal place of business at [Business Address]), with phone number [Contractor Phone Number] and email address [Contractor Email Address], and Oregon business registration number (if applicable) [Business Registration Number] or CCB license number (if applicable) [CCB License Number], hereinafter referred to as "Contractor."

1. Scope of Services

Contractor shall provide the following maintenance services (the "Services") at the property located at [Property Address]:

• Option A: Provide comprehensive maintenance services as detailed in Exhibit A, attached hereto and incorporated by reference.
• Option B: Provide the following specific maintenance services:
  • Preventive maintenance: [Description of Preventive Maintenance Services and Intervals]
  • Repairs: [Description of Repair Services, including Plumbing, Electrical, HVAC, Landscaping, Janitorial, Building Systems]
  • Emergency call response: [Description of Emergency Call Response Procedures and Response Times]
  • Seasonal upkeep: [Description of Seasonal Upkeep Services]
  • Routine inspections: [Description of Routine Inspection Schedule and Reporting]
• Service intervals: [Frequency of Services]
• Minimum standards: [Specific Quality Standards]
• Start date: [Start Date]
• End date: [End Date]
• Response times: [Agreed Response Times]
• Approval processes for additional work: [Procedure for Approving Additional Work]
• Required record-keeping: [List of Required Records]
• Reporting frequency: [Frequency of Reports]

2. Work Location and Access

• The Services shall be performed at the following location(s): [Property Address]
• Access to the property will be provided as follows: [Description of Access, Including Key Control, Security Protocols, Hours of Operation, and Occupant Notification Procedures]

3. Materials and Equipment

• Option A: Contractor shall provide all tools, equipment, and safety gear necessary to perform the Services.
• Option B: Client shall provide the following materials and/or equipment: [List of Materials/Equipment Client will Provide]
• Contractor is responsible for maintaining their equipment in safe operating condition and in compliance with all Oregon OSHA regulations.

4. Compensation

Client shall compensate Contractor as follows:

• Option A: Hourly rate of [Dollar Amount] per hour.
• Option B: Per-call rate of [Dollar Amount] per call.
• Option C: Flat rate of [Dollar Amount] per [Time Period].
• Option D: Retainer of [Dollar Amount] per [Time Period], plus [Dollar Amount] per hour for services rendered.
• Invoicing dates: [Date(s) for Invoicing]
• Approved methods of payment: [List of Approved Payment Methods]
• Itemization of charges: All invoices must include an itemized list of services performed and materials used.
• Reimbursement of materials or expenses: Client shall reimburse Contractor for reasonable and necessary expenses, subject to prior approval, as evidenced by receipts submitted with invoices.
• Late payment interest: Late payments shall accrue interest at the rate of [Percentage]% per month, or the maximum rate allowed by Oregon law (ORS 82.010), whichever is less, commencing [Number] days after the invoice due date.

5. Subcontracting

• Option A: Contractor may not subcontract any portion of the Services without prior written consent from Client.
• Option B: Contractor may subcontract portions of the Services, provided that all subcontractors are properly licensed and insured as required by Oregon law, including holding a valid CCB license if required for the work performed. Contractor shall provide Client with proof of such licensing and insurance for all subcontractors prior to commencement of work.
• Contractor is responsible for all work performed by subcontractors and ensuring their compliance with this Agreement and all applicable Oregon laws.

6. Independent Contractor Status

Contractor is an independent contractor and not an employee of Client. This Agreement does not create an employer-employee relationship. Contractor is responsible for all self-employment taxes, social security, unemployment insurance, and workers' compensation insurance.

• Contractor affirms that they meet the requirements of an independent contractor under Oregon Revised Statute 670.600.
• Contractor shall provide proof of workers' compensation insurance, if required by Oregon law, prior to commencement of work.

7. Insurance

Contractor shall maintain the following insurance coverage:

• General liability insurance with a minimum coverage of [Dollar Amount] per occurrence.
• Workers' compensation insurance, if required by Oregon law.
• Contractor shall provide Client with certificates of insurance evidencing the required coverage prior to commencement of work and upon renewal of any policy.

8. Indemnification

Contractor shall indemnify and hold harmless Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorney's fees) arising out of or relating to Contractor's performance of the Services, except to the extent caused by the negligence or willful misconduct of Client.

• Insurance policy minimums must comply with Oregon standards.
• For work on residential properties, Contractor acknowledges compliance with HB 2001 and applicable CCB rules.

9. Confidentiality

Contractor shall maintain the confidentiality of Client's property, records, and any sensitive facility data.

• Contractor shall comply with all applicable Oregon privacy laws.
• Contractor shall return all keys and other property of Client upon termination of this Agreement.

10. Warranties

Contractor warrants that the Services will be performed in a workmanlike manner and in accordance with industry standards.

• Oregon law and industry expectations regarding workmanship apply.
• Contractor shall correct any defective work at their own expense within a reasonable time after notification by Client.

11. Compliance with Laws

Contractor shall comply with all applicable Oregon and local building, fire, environmental, and occupational safety codes, including but not limited to OSHA and DEQ regulations.

• Contractor is responsible for obtaining any necessary permits or licenses.

12. Change Orders

Any changes to the scope of Services must be agreed upon in writing by both parties in a change order.

• Change orders must be signed and dated by both Client and Contractor.
• Oregon best practices for formal modification and approval must be followed.

13. Term and Termination

• This Agreement shall commence on [Start Date] and continue until [End Date], unless terminated earlier as provided herein.
• Option A: This Agreement shall automatically renew for successive [Number]-year terms unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
• Either party may terminate this Agreement upon [Number] days written notice to the other party.
• Client may terminate this Agreement immediately for cause, including but not limited to gross negligence, criminal activity, safety violations, or suspension of Contractor's license.
• Upon termination, Contractor shall promptly return all property of Client and provide a final invoice for services rendered.

14. Dispute Resolution

Any dispute 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 may agree to submit the dispute to voluntary mediation or arbitration in [County Name] County, Oregon.
• This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. Venue for any legal action shall be in [County Name] County, Oregon.

15. Miscellaneous

• This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• No modification of this Agreement shall be valid unless in writing and 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.
• Contractor may not assign this Agreement without the prior written consent of Client.
• This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

16. Additional Oregon-Specific Clauses

• Contractor certifies that they are legally authorized to work in the United States and the State of Oregon.
• Contractor represents and warrants that they have the experience and qualifications necessary to perform the Services.
• Contractor agrees to comply with all applicable Oregon-specific industry regulations, including but not limited to [List of Specific Oregon Regulations].

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

____________________________
[Client Name]

____________________________
[Contractor Name]