Pennsylvania maintenance independent contractor agreement template

Pennsylvania Maintenance Independent Contractor Agreement

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

• [Client Name], a [Client Entity Type] with its principal place of business at [Client Address], registered in Pennsylvania (if applicable) under registration number [Client Registration Number], and contact information including phone number [Client Phone Number] and email address [Client Email Address], hereinafter referred to as "Client,"
• and
• [Contractor Name], a [Contractor Entity Type] with its principal place of business at [Contractor Address], registered in Pennsylvania (if applicable) under registration number [Contractor Registration Number], and contact information including phone number [Contractor Phone Number] and email address [Contractor Email Address], hereinafter referred to as "Contractor."

1. Scope of Services

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

• Option A: General Maintenance Services.
  • A detailed description of the services to be provided is attached hereto as Exhibit A. This includes, but is not limited to, [list specific tasks, e.g., HVAC servicing, electrical repairs, groundskeeping, janitorial work].
• Option B: Specific Project Services.
  • The services to be provided are limited to the following project: [Project Name] as described in detail in Exhibit B.
• Option C: On-Call Emergency Services.
  • Contractor will provide on-call emergency maintenance services as needed, with a guaranteed response time of [Number] hours.

The Contractor shall perform the services at the following location(s): [Property Address(es)]. The Client will provide access instructions as follows: [Access Instructions]. The Client will provide the following materials and tools: [List Materials/Tools]. The Contractor will supply all other necessary equipment. Client approval is required before work on occupied units or critical systems, with a notification period of [Number] hours. Reporting of service completion shall be done via [Reporting Method, e.g., email, online portal]. All work shall meet the quality benchmarks as outlined in Exhibit C.

2. Term and Termination

• Option A: Fixed Term.
  • This Agreement shall commence on [Start Date] and shall continue for a term of [Number] months, expiring on [End Date].
• Option B: Rolling Term.
  • This Agreement shall commence on [Start Date] and shall continue until terminated by either party with [Number] days written notice.
• Option C: Project-Based.
  • This Agreement shall commence on [Start Date] and shall continue until the completion of the project described in Exhibit B.

Either party may terminate this Agreement for cause upon [Number] days written notice. Upon termination, the Contractor shall handover all work in progress and related documentation to the Client. Notice of termination shall be given in writing via [Notice Method, e.g., certified mail, email] as defined in Section 13.

3. Compensation

The Client shall compensate the Contractor as follows:

• Option A: Per Service/Job.
  • The rate for each service/job shall be as outlined in Exhibit D.
• Option B: Hourly.
  • The hourly rate shall be [Dollar Amount] per hour.
• Option C: Recurring Retainer.
  • The Contractor shall receive a retainer of [Dollar Amount] per [Frequency, e.g., month, quarter].

The Client shall reimburse the Contractor for expenses, including [List Reimbursable Expenses, e.g., parts, materials, travel within Pennsylvania], upon submission of itemized invoices. Payment shall be made within [Number] days of receipt of invoice (Net [Number]). Contractor is responsible for all Pennsylvania sales and use tax. A late fee of [Percentage]% per month will be applied to overdue invoices, in compliance with Pennsylvania's usury laws.

4. Taxes and Benefits

The Contractor is responsible for all federal, Pennsylvania state, and local taxes, including self-employment taxes. The Contractor shall provide the Client with a completed IRS Form W-9. The Contractor is not entitled to unemployment compensation or workers' compensation from the Client under the Pennsylvania Workers' Compensation Act.

5. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. The Contractor controls the method of work, provides their own tools and equipment (except as noted in Section 1), and operates their own business autonomously, in accordance with Pennsylvania's ABC Test criteria.

6. Insurance

The Contractor shall maintain general liability insurance with a minimum coverage of [Dollar Amount] per occurrence and, if applicable, workers' compensation coverage as required by Pennsylvania law. The Contractor shall provide proof of insurance to the Client upon request.

7. Performance Standards and Reporting

The Contractor shall complete all work in a timely and professional manner, meeting the standards outlined in Exhibit C. Routine maintenance requests shall be handled within [Number] days. Ad-hoc maintenance requests shall be handled within [Number] hours. The Contractor shall provide detailed reports as follows: [Reporting Format, e.g., work logs, inspection reports]. Escalation procedures for unresolved maintenance issues are as follows: [Escalation Procedures]. Communication protocols between the parties are as follows: [Communication Protocols].

8. Ownership and Confidentiality

The Client retains ownership of all work results, replacement parts, and improvements to the property. The Contractor shall keep confidential all client building plans, access codes, tenant data, and business information, in compliance with Pennsylvania data security and privacy obligations.

9. Indemnification

The Contractor shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or relating to the Contractor's negligence or non-compliance with Pennsylvania laws or local ordinances/codes.

10. Compliance with Laws

The Contractor shall comply with all relevant Pennsylvania and municipal licensing, permitting, insurance, health/safety, and environmental regulations, including building, fire, and occupancy codes. The Contractor shall secure all necessary work permits at their own expense.

11. Hazardous Materials

The Contractor shall handle and dispose of hazardous materials in accordance with Pennsylvania Department of Environmental Protection regulations and OSHA standards. The Contractor shall promptly report any incidents involving hazardous materials to the Client.

12. Non-Solicitation

The Contractor shall not solicit the Client's employees or tenants for competing business during the term of this Agreement and for a period of [Number] months after termination.

13. Notices

All notices under this Agreement shall be in writing and sent via [Notice Method, e.g., email, certified mail] to the addresses listed in the introduction of this Agreement.

14. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Any disputes arising out of or relating to this Agreement shall be resolved as follows: first, by negotiation; second, by mediation; third, by arbitration; and finally, if necessary, by litigation in the courts of [County Name] County, Pennsylvania.

15. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written. No amendment or modification of this Agreement shall be valid unless in writing and signed by both parties.

16. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by force majeure events, including but not limited to Pennsylvania weather events, utility outages, labor shortages, or supply chain disruptions. The affected party shall notify the other party promptly of any such event.

17. Signatures

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

[Client Name]

By: [Client Representative Name]

Title: [Client Representative Title]

Date: [Date]

[Contractor Name]

By: [Contractor Representative Name]

Title: [Contractor Representative Title]

Date: [Date]