Rhode Island maintenance independent contractor agreement template

Rhode Island Maintenance Independent Contractor Agreement

This Rhode Island Maintenance Independent Contractor Agreement is made and entered into as of this [Date] by and between:

• Client: [Client Full Legal Name], a [Client Business Entity Type, e.g., Corporation, LLC, Individual], with a mailing address of [Client Mailing Address], phone number [Client Phone Number], and email address [Client Email Address].
• Independent Contractor: [Contractor Full Legal Name], a [Contractor Business Entity Type, e.g., Corporation, LLC, Individual], with a mailing address of [Contractor Mailing Address], phone number [Contractor Phone Number], and email address [Contractor Email Address].

1. Description of Services

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

• Option A: Detailed Description
  A detailed description of services, including scope of work, service locations (with physical addresses or property descriptions), frequency of routine maintenance, response times for emergency or special service requests, minimum service standards, and prescribed operating hours or scheduling requirements is as follows: [Detailed Description of Services].
• Option B: General Description with Attachment
  Maintenance services as generally described as [General Description of Services, e.g., landscaping, janitorial, HVAC maintenance], with specific details outlined in Exhibit A attached hereto and incorporated herein.
• Option C: Specific Tasks
  Specific tasks as requested by the client will include but are not limited to: [list of specific tasks].

2. Term and Renewal

This Agreement shall commence on [Start Date] and shall continue in full force and effect until [End Date].

• Option A: Automatic Renewal
  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.
• Option B: Renewal Upon Agreement
  This Agreement may be renewed for additional terms upon written agreement of both parties at least [Number] days prior to the end of the initial term.
• Option C: No Renewal
  This Agreement shall terminate automatically on the End Date and will not renew automatically.

3. Compensation

The Client shall compensate the Independent Contractor for services rendered as follows:

• Option A: Hourly Rate
  At an hourly rate of [Dollar Amount] per hour. Overtime (defined as hours exceeding 40 per week) will be compensated at [Dollar Amount] per hour.
• Option B: Per Visit/Project
  Per visit/project, as detailed in Exhibit B attached hereto. A minimum call-out charge of [Dollar Amount] applies.
• Option C: Monthly Retainer
  A monthly retainer of [Dollar Amount], covering [Description of Services Covered by Retainer]. Additional services outside the scope of the retainer will be billed at [Dollar Amount] per hour.
• Option D: Material Markups
  Material Markups are calculated at [Percentage]% for all materials provided by the contractor.

4. Invoicing and Payment

The Independent Contractor shall submit invoices to the Client on a [Frequency, e.g., monthly, bi-weekly] basis.

• Option A: Invoice Requirements
  Invoices must include a detailed itemization of services performed, dates of service, hours worked, and supporting documentation for materials and labor. Rhode Island sales tax, if applicable, will be itemized separately.
• Option B: Client Approval
  Invoices are subject to Client approval prior to payment.
• Option C: Payment Terms
  Payment is due within [Number] days of invoice receipt. Late payments shall accrue interest at a rate of [Percentage]% per month, not to exceed the maximum rate permitted by Rhode Island law. Accepted payment methods include [List Payment Methods, e.g., check, ACH transfer].

5. Independent Contractor Status

The parties agree that the Independent Contractor is an independent contractor and not an employee of the Client.

• The Independent Contractor is solely responsible for the payment of all federal, state, and local taxes, including but not limited to self-employment taxes.
• The Independent Contractor is not entitled to any employee benefits, including but not limited to health insurance, paid time off, unemployment insurance, or workers' compensation coverage (unless specifically opted into the Rhode Island Workers' Compensation system).
• The Independent Contractor acknowledges that they may be required to register with the Rhode Island Division of Taxation.

6. Insurance

The Independent Contractor shall maintain the following insurance coverage:

• General liability insurance with a minimum coverage of [Dollar Amount] per occurrence.
• If applicable, errors & omissions insurance with a minimum coverage of [Dollar Amount].
• If applicable, auto liability insurance with a minimum coverage of [Dollar Amount] per accident (for travel to/from Client site).
• If applicable, workers’ compensation insurance as required by Rhode Island law if the contractor has employees.
• The Client shall be named as an additional insured on the general liability policy as appropriate.

• Option A: Proof of Coverage
  The Independent Contractor shall provide the Client with a Certificate of Insurance evidencing the required coverage prior to the commencement of services.

7. Compliance with Laws

The Independent Contractor shall comply with all applicable Rhode Island laws and regulations, including but not limited to:

• The Rhode Island Contractor’s Registration and Licensing Board (CRLB) registration requirement, if applicable.
• Lead hazard/OSHA safety standards and disclosure obligations for work in pre-1978 housing.
• State environmental laws and waste disposal practices.
• Local municipal permitting requirements for specialized trades work.

8. Subcontracting

• Option A: Subcontracting Permitted
  Subcontracting is permitted with prior written approval from the Client. The Independent Contractor shall ensure that all subcontractors are properly licensed/registered in Rhode Island and covered by insurance.
• Option B: Subcontracting Not Permitted
  Subcontracting is not permitted under this Agreement.

9. Confidentiality

The Independent Contractor shall maintain the confidentiality of all Client business information, property access codes, tenant information, and security protocols.

10. Indemnification

The Independent Contractor shall indemnify and hold harmless the Client from and against any and all claims, damages, losses, and expenses arising out of or relating to the Independent Contractor's negligence or willful misconduct. The client shall indemnify and hold harmless the contractor from and against any and all claims, damages, losses, and expenses arising out of or relating to undisclosed pre-existing property conditions.

11. Defective Workmanship

In the event of defective workmanship, the Independent Contractor shall:

• Option A: Mandatory Rework
  Correct the defective workmanship at no additional cost to the Client within [Number] days of notification.
• Option B: Credit Policy
  Provide a credit to the Client for the cost of the defective workmanship.
• Option C: Warranty
  Provide a warranty of [Number] months on labor and materials.

12. Site Access and Safety

The Independent Contractor shall comply with all site access, security, and safety rules specified by the Client.

13. Property Damage Reporting

The Independent Contractor shall immediately report any property damage to the Client.

14. Ownership of Work Product

All service records, keys, and property access devices remain the property of the Client and must be returned upon demand or upon termination of this Agreement.

15. Termination

• Option A: Termination for Cause
  This Agreement may be terminated by either party for cause, including but not limited to breach of contract, nonperformance, unsafe work practices, or noncompliance with law, upon [Number] days written notice.
• Option B: Termination Without Cause
  The Client may terminate this Agreement without cause upon [Number] days written notice.

Upon termination, the Independent Contractor shall provide a final accounting, return all Client property, and settle all outstanding invoices.

16. 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 is unsuccessful, the parties shall attempt to resolve the dispute through mediation.
• If mediation is unsuccessful, the parties may pursue binding arbitration or litigation in the Rhode Island Superior Court. This agreement is governed exclusively by the laws of the State of Rhode Island.

17. Amendments

Any amendment to this Agreement must be in writing and signed by both parties.

18. Regulatory Disclosures

[Include required Rhode Island regulatory disclosures, such as proof of CRLB registration or licensing, waiver of mechanics’ lien rights (if applicable for residential maintenance contracts), and Landlord-Tenant Act compliance for work in residential rental properties.]

19. Assignment

• Option A: Assignment Restricted
  This Agreement may not be assigned by either party without the prior written consent of the other party.
• Option B: No Restriction on Assignment
  This Agreement may be assigned by either party without the consent of the other party.

20. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter hereof. This agreement is specifically for maintenance independent contractor services and does not authorize the contractor to provide other, unrelated services unless separately contracted and authorized.

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

____________________________
[Client Full Legal Name]

____________________________
[Contractor Full Legal Name]