Virginia maintenance independent contractor agreement template

Virginia Maintenance Independent Contractor Agreement

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

• [Client Full Legal Name], residing at [Client Address], with contact information [Client Phone Number] and [Client Email Address], (the “Client”),

and

• [Contractor Full Legal Name], residing at [Contractor Address], or a business entity with principal place of business at [Contractor Business Address (if applicable)], with contact information [Contractor Phone Number] and [Contractor Email Address], (the “Contractor”).

Scope of Maintenance Services

• Option A: The Contractor shall provide the following maintenance services at the location(s) specified in Section 2: [Detailed Description of Maintenance Services, including task frequencies, quality standards, and specific tasks. Examples: routine preventive maintenance of HVAC systems (filter changes, coil cleaning), inspections for safety hazards, plumbing repairs (leak fixes, drain cleaning), electrical work (fixture replacement, outlet repairs), landscaping (mowing, trimming), cleaning of common areas, emergency call-outs]. Compliance with all applicable Virginia codes, including the Virginia Uniform Statewide Building Code, is required.
• Option B: The Contractor shall perform all maintenance tasks listed in Exhibit A attached hereto. The Contractor shall adhere to all regulatory compliance requirements specified therein, including but not limited to EPA and OSHA regulations applicable in Virginia.
• Option C: The Contractor will be responsible for only [Specific Tasks, e.g., “Lawn Care Services” or “HVAC Maintenance”] at the specified location(s). All other maintenance will be the responsibility of the Client.
• Additional detail: All services must be performed in a professional and workmanlike manner, consistent with industry standards in Virginia.

Service Locations and Access

• Option A: The services shall be performed at the following location(s): [On-Site Address(es)]. The Contractor shall have access to the premises during the following hours: [Working Hours]. Advance notice requirements: [Advance Notice Requirements, e.g., 24 hours].
• Option B: The Contractor shall perform services at locations as directed by the Client, with reasonable notice. The Client will provide the Contractor with keys or access codes and instructions for accessing the premises. Special site protocols: [Special Site Protocols, e.g., wearing of specific PPE, background check requirements].
• Option C: Access to the property shall be coordinated through [Contact Person and Contact Information].
• Additional detail: The Contractor is responsible for securing the premises upon completion of services.

Contractor-Supplied Materials and Equipment

• Option A: The Contractor shall provide all materials, tools, equipment, and chemicals necessary to perform the services. The Contractor is responsible for the safe storage, maintenance, and transportation of all such items. The Contractor shall ensure compliance with all applicable environmental regulations, including DEQ or local waste disposal ordinances in Virginia.
• Option B: The Client shall provide certain materials and equipment, as specified in Exhibit B attached hereto. The Contractor is responsible for providing all other necessary items.
• Option C: The Contractor and Client will share supply responsibilities based on the attached addendum.
• Additional detail: All chemicals used must be approved for use in Virginia and handled in accordance with safety guidelines.

Service Fees and Payment

• Option A: The Client shall pay the Contractor at an hourly rate of [Hourly Rate] per hour. The Contractor shall submit invoices to [Electronic or Paper Billing Address] on a [Payment Schedule, e.g., bi-weekly] basis.
• Option B: The Client shall pay the Contractor a fixed contract rate of [Fixed Contract Rate] per [Frequency, e.g., month].
• Option C: The Client shall pay the Contractor a retainer of [Retainer Amount] per [Frequency, e.g., month], with additional fees for services beyond the scope of the retainer, as agreed upon in writing.
• Additional detail: Late fees will be assessed at a rate of [Late Fee Percentage]% per month for invoices not paid within [Number] days of the invoice date. All invoices must include detailed descriptions of services rendered. Compliance with Virginia sales and use tax obligations is the responsibility of the contractor. If applicable for public contracts, Virginia's Prompt Payment Act will be adhered to.

Independent Contractor Status

• The Contractor is an independent contractor and not an employee of the Client. This Agreement does not create an employer-employee relationship.
• The Contractor is not eligible for any employee benefits offered by the Client.
• The Contractor is solely responsible for all applicable state and local taxes, including self-employment tax, business license tax (if required), and Virginia unemployment insurance (if not exempt).
• The Contractor is responsible for workers' compensation and liability insurance coverage for themselves and their employees (if any).
• Subcontracting is [Allowed/Not Allowed]. If allowed, any subcontracting requires prior written consent from the Client. All subcontractors must be licensed, insured, and meet background screening requirements (if applicable).

Licenses and Insurance

• The Contractor shall maintain a valid Virginia business license.
• The Contractor shall possess and maintain any required Class A, B, or C Contractor License with DPOR (Department of Professional and Occupational Regulation) for relevant trades.
• The Contractor shall maintain general liability insurance coverage with a minimum limit of [Insurance Amount].
• Option A: The Contractor shall name the Client as an additional insured on their general liability insurance policy.
• The Contractor shall provide the Client with certificates of insurance upon execution of this Agreement and upon each renewal of the policy.

Safety and Risk Management

• The Contractor shall comply with all applicable federal, state, and local safety regulations, including OSHA standards.
• The Contractor shall be responsible for providing and using appropriate personal protective equipment (PPE).
• The Contractor shall maintain records of safety training and incidents.
• The Contractor shall make Safety Data Sheets (SDS) readily available for all chemicals used.
• Compliance with child labor laws is required.
• If required for on-site access, the Contractor and its employees shall undergo background checks.

Deliverable Standards and Inspection Protocols

• The Contractor shall complete and submit a reporting form for each maintenance service performed.
• The Contractor shall document the completion of each task.
• The Client may issue deficiency reports for substandard work.
• Option A: The Client or designated representative will perform inspections of the completed work to ensure compliance with Virginia industry standards.
• Punch lists will be created for incomplete or unsatisfactory work.

Confidentiality and Non-Disclosure

• The Contractor shall not disclose any confidential information regarding the Client's business or property, including access codes or facility data.
• The Contractor understands that if servicing government clients, this Agreement may be subject to the Freedom of Information Act (FOIA).

Intellectual Property and Ownership

• All work products, records, schematics, documentation, maintenance logs, and reports created by the Contractor in connection with this Agreement shall be the property of the Client.
• The Contractor shall comply with all applicable data security requirements.
• The Contractor shall adhere to all record retention obligations.

Indemnification and Liability

• The Contractor shall indemnify and hold the Client harmless from any and all damages, costs, claims, or injuries resulting from the Contractor's negligence or breach of this Agreement.
• This indemnification shall be subject to Virginia's anti-indemnity statutes, which may limit the scope of indemnification in certain construction contracts.
• The Client shall not be liable for any consequential damages.
• The Contractor's liability under this Agreement shall be limited to the amount of insurance coverage maintained by the Contractor.

Warranty of Services

• The Contractor warrants that all services will be performed in a professional and workmanlike manner.
• The warranty period for services shall be [Warranty Duration, e.g., 30 days] from the date of completion.
• The Contractor shall repair or re-perform any defective work during the warranty period.
• The Contractor shall respond promptly to urgent requests for service.

Term and Termination

• The initial term of this Agreement shall be [Initial Term, e.g., one year], commencing on the Effective Date.
• Option A: This Agreement shall automatically renew for successive [Renewal Term, e.g., one-year] terms unless either party provides written notice of non-renewal at least [Notice Period, e.g., 30 days] prior to the end of the then-current term.
• Either party may terminate this Agreement for cause upon written notice to the other party. Cause shall include, but not be limited to, material breach of this Agreement, failure to meet standards of performance, or violation of law.
• The Client may terminate this Agreement for convenience upon [Notice Period, e.g., 30 days] written notice to the Contractor. This is subject to Virginia Discharge for Convenience practices for public bodies if applicable.
• Upon termination, the Client shall pay the Contractor for all services performed up to the date of termination.
• The Contractor shall return all Client property upon termination.

Dispute Resolution

• Any disputes arising out of or relating to this Agreement shall be resolved through negotiation.
• If negotiation fails, the parties shall attempt to resolve the dispute through mediation or arbitration.
• This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.
• Exclusive jurisdiction for any legal action arising out of this Agreement shall be in the courts of Virginia.
• Venue shall be in [City/County], Virginia.

Entire Agreement, Amendment, and Assignment

• This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• No amendment to this Agreement shall be effective unless it is in writing and signed by both parties.
• The Contractor may not assign this Agreement without the prior written consent of the Client.

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]

Date: [Date]

[Contractor Full Legal Name]

By: [Contractor Signature]

Name: [Contractor Printed Name]

Title: [Contractor Title]

Date: [Date]

(Optional: Notary Acknowledgement for real property or public contracts)

EXHIBIT A: Detailed Task List (Attach Separately)

EXHIBIT B: Client-Provided Materials and Equipment (Attach Separately)