Vermont hr independent contractor agreement template

Vermont HR Independent Contractor Agreement

This Vermont HR Independent Contractor Agreement (the "Agreement") is made and entered into as of [Date], by and between [Client Legal Name], a [Client Business Type, e.g., Vermont LLC] with its principal place of business at [Client Address], hereinafter referred to as "Client," and [Contractor Legal Name], a [Contractor Business Type, e.g., Sole Proprietorship, Vermont LLC] with its principal place of business/address at [Contractor Address], hereinafter referred to as "Contractor."

Description of Services

• Option A: General HR Consulting
  • The Contractor shall provide the following HR consulting services to the Client: [Description of HR Consulting Services, e.g., develop employee handbook, conduct training sessions, assist with recruitment].
• Option B: Specific Project
  • The Contractor shall perform the following project-based HR services: [Detailed description of specific HR project, e.g., conduct workplace investigation, implement performance management system]. The deliverables are [List of deliverables]. The project milestones are [List of milestones]. Reporting frequency is [Reporting frequency, e.g., weekly, monthly].
• Option C: Ongoing HR Management Support
  • The Contractor shall provide ongoing HR management support, including but not limited to: [Detailed description of ongoing HR support, e.g., employee relations, benefits administration, compliance audits]. The scope of each task will be defined by the Client.

Work Arrangement

• Option A: On-site
  • The Contractor shall perform services primarily at the Client's office located at [Client Vermont Office Location].
• Option B: Remote
  • The Contractor shall perform services remotely.
• Option C: Hybrid
  • The Contractor shall perform services both on-site at [Client Vermont Office Location] and remotely, as required by the Client.
  • The Contractor will adhere to the following protocols for client system access: [Protocols, e.g., VPN, multi-factor authentication].

Compensation and Payment

• Option A: Hourly Rate
  • The Client shall pay the Contractor an hourly rate of [Hourly Rate] per hour for services rendered.
• Option B: Project-Based Fee
  • The Client shall pay the Contractor a fixed fee of [Project Fee] for the completion of the project described in Section 1.
• Option C: Retainer
  • The Client shall pay the Contractor a monthly retainer of [Retainer Amount].
  • Invoices shall be submitted [Invoice Frequency, e.g., monthly] and are due within [Number] days of receipt.
  • Late payments shall accrue interest at a rate of [Interest Rate]% per month.
  • The Contractor is responsible for all applicable sales or use tax, if required, in Vermont.

Independent Contractor Status

• The parties agree that 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, partnership, joint venture, or agency relationship.
• The Contractor is solely responsible for paying all self-employment taxes, federal and Vermont income taxes, and for obtaining workers' compensation insurance, if applicable.

Ownership and Intellectual Property

• All work product, documents, policies, and intellectual property created by the Contractor as a result of the services provided under this Agreement shall be owned exclusively by the Client.
• The Contractor agrees to assign all rights, title, and interest in such work product to the Client.

Confidentiality and Data Security

• The Contractor shall maintain the confidentiality of all business, employee, and personal data of the Client.
• The Contractor shall comply with the Vermont Security Breach Notice Act (9 V.S.A. §2435) and all other applicable Vermont data privacy laws.
  • Data breach procedures: [Description of data breach procedures to be followed].

Compliance with Laws

• The Contractor shall comply with all applicable Vermont and federal laws, including but not limited to the Vermont Fair Employment Practices Act.

Professional Liability Insurance

• The Contractor shall maintain professional liability insurance or errors and omissions insurance with minimum coverage limits of [Coverage Amount].
  • The Contractor shall provide proof of insurance to the Client upon request.

Third-Party Vendors or Subcontractors

• The Contractor shall not use any third-party vendors or subcontractors without the prior written consent of the Client.
  • Any approved subcontractors must meet all applicable Vermont regulatory and HR professional standards.

Indemnification and Limitation of Liability

• The Contractor shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, and expenses arising out of or relating to the Contractor's breach of this Agreement or the Contractor's negligence or willful misconduct.
• The Contractor's liability under this Agreement shall be limited to [Liability Cap].

Dispute Resolution

• This Agreement shall be governed by and construed in accordance with the laws of the State of Vermont.
  • The venue for any mediation, arbitration, or litigation shall be in [Vermont County] County, Vermont.
  • The parties agree to attempt to resolve any disputes through good faith negotiation prior to initiating formal proceedings.

Term and Termination

• This Agreement shall commence on [Start Date] and shall continue until [End Date].
  • Either party may terminate this Agreement with [Number] days' written notice.
  • The Client may terminate this Agreement immediately for cause, including but not limited to breach of this Agreement or a violation of applicable laws or ethical standards.
  • Upon termination, the Contractor shall provide a final report and return or destroy all confidential HR data.

Recordkeeping

• The Contractor shall maintain accurate records of all services performed under this Agreement in accordance with Vermont business and HR regulatory mandates.
  • Record retention periods: [Specify Record Retention Periods].
  • The Client shall have the right to audit the Contractor's records.

Non-Solicitation/Non-Competition

• During the term of this Agreement and for a period of [Number] months following the termination of this Agreement, the Contractor shall not solicit or attempt to solicit any employees of the Client.
  • This clause is intended to comply with 21 V.S.A. §495h, if applicable.

Professional Development

• The Contractor shall maintain ongoing professional development, certification maintenance, or licensure standards consistent with Vermont best practices for HR consultants.

Force Majeure

• Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by a force majeure event, including but not limited to acts of God, war, terrorism, natural disasters (e.g., adverse weather conditions specific to Vermont), or government regulation.

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.

Waiver

• No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

Severability

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

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

[Client Legal Name]

By: [Client Authorized Representative Name]

Title: [Client Authorized Representative Title]

[Contractor Legal Name]

By: [Contractor Name]

Title: [Contractor Title, e.g., Owner, Manager]