Utah maintenance independent contractor agreement template

Utah Maintenance Independent Contractor Agreement

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

• [Client Full Legal Name], whose business address is [Client Business Address], phone number is [Client Phone Number], and email contact is [Client Email] (hereinafter referred to as “Client”),
• and
• [Contractor Full Legal Name], whose business address is [Contractor Business Address], phone number is [Contractor Phone Number], and email contact is [Contractor Email] (hereinafter referred to as “Contractor”).

Description of Services

• The Contractor shall provide the following maintenance services to the Client: [Detailed Description of Maintenance Services, e.g., building systems maintenance, HVAC, electrical, plumbing, janitorial, landscaping, or specialized equipment servicing. Specify scope of work, service frequencies, hours, emergency response requirements, and deliverable standards.].
• Service Locations:
  • [Exact Address(es) of Service Locations]
  • The Client shall provide the Contractor with reasonable access to the Service Locations to perform the Services.
• The Contractor shall be responsible for providing all tools and equipment necessary to perform the Services.
  • Option A: Contractor shall be responsible for the cost of all supplies and materials.
  • Option B: Client shall reimburse Contractor for the cost of supplies and materials, subject to prior written approval.

Compensation

• The Client shall compensate the Contractor as follows:
  • Option A: Hourly Rate: [Hourly Rate] per hour.
  • Option B: Per Visit: [Rate Per Visit] per visit.
  • Option C: Retainer: [Retainer Amount] per [Frequency, e.g., month].
  • Option D: Milestone-Based: [Description of Milestones and Payment Amounts].
• The Contractor shall submit invoices to the Client [Invoicing Timeline, e.g., monthly].
• Payment shall be made by [Payment Method, e.g., check, electronic transfer] within [Number] days of receipt of invoice.
• Late payments shall accrue interest at a rate of [Interest Rate]% per month.
• Required documentation includes: [Service Logs, Time Sheets, etc.]

Independent Contractor Status

• The Contractor is an independent contractor and not an employee of the Client. Nothing in this Agreement shall be construed as creating an employment relationship.
• The Contractor is responsible for all federal and Utah state tax filings, unemployment insurance, workers' compensation (if applicable), licenses, and all other regulatory requirements.
• If not exempt from the Utah Workers' Compensation Act, Contractor shall provide a certificate of insurance.

Licensing and Insurance

• The Contractor shall maintain all licenses required by the Utah Division of Occupational and Professional Licensing to perform the Services. [Specify License Requirements, if any.]
• The Contractor shall maintain the following insurance coverage:
  • General Liability: [Minimum Coverage Amount]
  • Auto Liability: [Minimum Coverage Amount] (if travel is required)
  • Workers' Compensation: [Coverage Amount or Waiver if Exempt]
• The Contractor shall provide the Client with a certificate of insurance, naming the Client as an additional insured.

Performance Standards

• The Contractor shall perform the Services in a professional and workmanlike manner, in compliance with all applicable Utah codes and regulations.
• The Contractor shall maintain a safe worksite and comply with all applicable health, environment, and safety regulations.
• The Contractor shall promptly report any incidents or accidents to the Client.

Documentation and Reporting

• The Contractor shall provide the Client with the following documentation:
  • Notices of service completion
  • Incident reports
  • Maintenance logs
• The Client shall have the right to inspect the Contractor’s records related to the Services.

Permits and Inspections

• The Contractor shall be responsible for obtaining any permits or inspections required by Utah state or local governments for the Services, unless otherwise agreed to in writing. [Specify exceptions, if any]

Confidentiality

• The Contractor shall maintain the confidentiality of all Client information, including proprietary materials, sensitive building data, and access credentials.

Intellectual Property

• [Choose One: Option A: No IP Creation, Option B: IP Belongs to Client, Option C: Joint Ownership and Specify Terms.]
  • Option A: The Contractor will not create any intellectual property for the client.
  • Option B: All intellectual property created by the Contractor in connection with the Services shall be owned by the Client.
  • Option C: Intellectual property will be jointly owned, with the following terms: [Specify Joint Ownership Terms].

Limitation of Liability and Indemnification

• The Contractor shall indemnify and hold harmless the Client from any and all claims, losses, damages, liabilities, costs, and expenses (including attorney’s fees) arising out of or relating to the Contractor’s performance of the Services, except to the extent caused by the Client’s own negligence. This is subject to Utah law enforceability standards.
• The Client shall be responsible for providing the Contractor with a safe worksite and disclosing any known hazards.

Subcontracting

• The Contractor shall not subcontract any of the Services without the prior written consent of the Client.
  • If subcontracting is allowed, any subcontractors must be properly licensed and insured in Utah.

Warranty

• The Contractor warrants that the Services will be performed in a workmanlike manner and free from defects for a period of [Number] days from the date of completion.
• If the Services are defective, the Contractor shall repair or replace the defective work at no cost to the Client.

Term and Termination

• The term of this Agreement shall commence on [Start Date] and shall continue for a period of [Duration, e.g., one year].
  • Option A: This agreement shall automatically renew for successive [Duration, e.g., one-year] terms unless either party gives written notice of termination at least [Number] days prior to the end of the then-current term.
  • Option B: This agreement does not automatically renew.
• Either party may terminate this Agreement for cause upon [Number] days written notice.
• The Client may terminate this Agreement for convenience upon [Number] days written notice.
• Upon termination, the Contractor shall return all Client materials.
• [Optional Non-Solicit/Non-Compete Clause: Consult with Utah Legal Counsel Regarding Enforceability.]

Dispute Resolution

• The parties shall attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiation.
• If the parties are unable to resolve the dispute through negotiation, they shall submit the dispute to mediation in [City, Utah].
• If mediation is unsuccessful, the dispute shall be resolved by arbitration in accordance with the Utah Uniform Arbitration Act. The venue for any arbitration shall be [City, Utah]. Utah law shall govern.

Compliance with Laws

• The Contractor shall comply with all applicable Utah and local statutes, including the Utah Payment in Full Act, construction lien and pre-lien rights (if applicable), and all relevant environmental and safety codes.
• The Contractor is responsible for collecting and remitting Utah sales or use tax if providing goods or materials as part of the Services.

Contract Review and Modification

• This Agreement may be reviewed and adjusted periodically by mutual agreement of the parties.
• Any modifications to this Agreement must be in writing and signed by both parties.

Entire Agreement

• This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

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

[Client Full Legal Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]

[Contractor Full Legal Name]

By: [Contractor Signature]

Name: [Contractor Printed Name]

Title: [Contractor Title]