South Dakota maintenance independent contractor agreement template

South Dakota Maintenance Independent Contractor Agreement

This South Dakota Maintenance Independent Contractor Agreement (the “Agreement”) is made and entered into as of [Date], by and between [Client Name], residing at [Client Address, including city, state, and zip code in South Dakota] (“Client”), and [Contractor Name], residing at [Contractor Address, including city, state, and zip code in South Dakota] (“Contractor”).

Scope of Services

The Contractor agrees to provide the following maintenance services to the Client: [Detailed description of maintenance services, e.g., janitorial, landscaping, HVAC, general repairs, snow removal, emergency repairs, etc. Be specific and itemized].

The services will be performed at the following property/properties: [Address or addresses of the property/properties where services will be rendered].

Option A: Deliverable standards and quality expectations include: [Detailed explanation of quality, standards, and compliance requirements, including specific South Dakota building and safety codes, licenses, certifications, and industry best practices].

Option B: Contractor shall adhere to the following schedule for providing the services: [Detailed schedule including frequency, response times for normal and emergency requests, reporting requirements, and access procedures].

Equipment and Materials

Option A: The Contractor shall provide all equipment, tools, and materials necessary to perform the services under this Agreement.

Option B: The Client shall provide the following materials: [List of materials provided by Client]. The Contractor will be responsible for supplying all other equipment, tools, and materials. Contractor is responsible for proper use and storage of client-supplied materials.

Work Hours and Site Access

Option A: The Contractor shall perform the services during the following hours: [Specify work hours].

Option B: The Contractor shall have access to the property/properties during the following hours: [Specify access hours].

The Contractor [shall/shall not] be required to wear identification badges or undergo a background check. [If yes, specify requirements].

Service Fee and Payment

The Client shall pay the Contractor for the services rendered as follows:

Option A: [Hourly rate] per hour.

Option B: [Fixed price] per job.

Option C: [Retainer fee] of [amount] per [time period].

Option D: An itemized fee schedule is attached as Exhibit A.

The Contractor is [responsible/not responsible] for collecting and remitting South Dakota sales tax, if applicable.

Expense reimbursement: [Describe any expense reimbursement policies, including limits and required documentation].

Invoicing and Payment Terms

The Contractor shall submit invoices to the Client at [Invoicing frequency].

Invoices must be sent to: [Mailing Address].

Invoices must include [List of required documentation, e.g., dates, hours worked, description of services, receipts].

The Client shall pay the Contractor within [Number] days of receipt of a valid invoice.

Late payment interest: [Specify interest rate, if any, for late payments].

Independent Contractor Status

The Contractor is an independent contractor, and nothing in this Agreement shall be construed as creating an employment, partnership, or agency relationship between the Client and the Contractor.

The Contractor is solely responsible for all federal, South Dakota state, and local taxes, including self-employment tax.

The Contractor is responsible for obtaining and maintaining all necessary licenses and insurance required to perform the services under this Agreement, including workers' compensation (if applicable), general liability, and property damage insurance with South Dakota-appropriate minimums.

Subcontracting

Option A: The Contractor shall not subcontract any portion of the services without the prior written consent of the Client.

Option B: Subcontracting is permitted, provided that all subcontractors meet the same licensing, insurance, and compliance standards as the Contractor under South Dakota law. The contractor must obtain prior approval from the Client for any subcontractors used.

Intellectual Property

All maintenance records, reports, and deliverables created by the Contractor under this Agreement shall be the property of the Client.

The Contractor shall retain records as required by South Dakota property and maintenance regulations.

Confidentiality

The Contractor agrees to maintain the confidentiality of all Client information, including property access codes, tenant privacy information, and security procedures.

The Contractor shall comply with all applicable South Dakota privacy and tenant protection laws.

Indemnification

The Contractor shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorney's fees) arising out of or relating to the Contractor's actions, negligence, property damage, personal injuries, or regulatory violations in South Dakota.

Insurance

The Contractor shall maintain general liability insurance with a minimum coverage of [Amount]. The Contractor shall provide the Client with a certificate of insurance prior to commencing work.

Breach and Cure

The following shall constitute a breach of this Agreement: failure to timely complete work, substandard workmanship, unauthorized absence, misuse of property, code violations, or privacy breaches.

The Client shall provide written notice of any breach to the Contractor.

The Contractor shall have [Number] days to cure the breach.

Termination

Option A: This Agreement shall have a term of [Number] months, commencing on [Start Date].

Option B: Either party may terminate this Agreement with [Number] days' written notice to the other party.

The Client may terminate this Agreement immediately for cause, including violation of law, nonperformance, or endangerment of property or tenants.

Upon termination, the Contractor shall return all keys, tools, and confidential information to the Client.

Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through negotiation, then mediation/arbitration in [City, South Dakota].

South Dakota law shall govern this Agreement.

Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, floods, and blizzards.

Assignment

The Contractor shall not assign or transfer this Agreement without the prior written consent of the Client.

Permits and Compliance

The Contractor is responsible for obtaining all necessary permits and documentation required by the South Dakota Department of Labor & Regulation and local city/county licensing authorities.

The Contractor shall comply with all applicable OSHA, EPA, and South Dakota state/local workplace safety, environmental, and building regulations.

Reporting and Record-Keeping

The Contractor shall provide the Client with the following reports: [List of required reports and record-keeping, e.g., maintenance logs, inspection reports].

Communication and Notice

All notices under this Agreement shall be in writing and shall be sent by email or certified mail to the addresses set forth above.

The primary points of contact are:

Client: [Client Contact Name], [Client Contact Email], [Client Contact Phone]

Contractor: [Contractor Contact Name], [Contractor Contact Email], [Contractor Contact Phone]

All deadlines are based on South Dakota time zone.

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.

Warranty Disclaimer

[Specific warranty disclaimers appropriate for the service type].

Miscellaneous

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

Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

Amendment: This Agreement may be amended only by a writing signed by both parties.

Headings: The headings in this Agreement are for convenience only and shall not affect the interpretation hereof.

Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Electronic Signatures: Electronic signatures shall be accepted as valid signatures under South Dakota law.

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

____________________________

[Client Name]

____________________________

[Contractor Name]