Washington maintenance independent contractor agreement template

Washington Maintenance Independent Contractor Agreement

This Washington Maintenance Independent Contractor Agreement ("Agreement") is made and entered into as of [Date] by and between:

• [Client Full Legal Name], a [Client Business Entity Type (e.g., Individual, LLC, Corporation)], with its principal place of business at [Client Address], UBI Number: [Client UBI Number], hereinafter referred to as "Client,"
• and
• [Contractor Full Legal Name], a [Contractor Business Entity Type (e.g., Individual, LLC, Corporation)], with its principal place of business at [Contractor Address], UBI Number: [Contractor UBI Number], hereinafter referred to as "Contractor."

1. Scope of Services

The Contractor agrees to provide the following maintenance services (the "Services") to the Client:

• Option A: General Maintenance and Repair:
  • Includes but is not limited to: [List Specific Tasks e.g., minor plumbing repairs, drywall patching, painting, light bulb replacement, door hardware repair]. The standard of performance shall comply with all applicable Washington building codes and safety regulations.
• Option B: Janitorial Services:
  • Includes but is not limited to: [List Specific Tasks e.g., sweeping, mopping, vacuuming, trash removal, restroom cleaning]. The standard of performance shall meet commercial cleaning standards and comply with Washington Department of Ecology guidelines for waste disposal.
• Option C: Landscaping Services:
  • Includes but is not limited to: [List Specific Tasks e.g., lawn mowing, edging, pruning, weeding, fertilization]. The standard of performance shall ensure a well-maintained appearance and comply with all Washington state regulations regarding pesticide application.
• Option D: HVAC Maintenance:
  • Includes but is not limited to: [List Specific Tasks e.g., filter replacement, coil cleaning, inspections, preventative maintenance]. The standard of performance shall ensure optimal system operation and comply with all applicable Washington regulations.

Anticipated response time for routine service requests is [Number] business days. Anticipated response time for emergency service requests is [Number] hours.

2. Location(s)

The Services shall be performed at the following location(s):

• [List All Property Addresses]

Access to the location(s) is subject to the following restrictions: [List Any Restrictions e.g., Security Procedures, Key Access, Limited Hours]. Any special permits required for access shall be the responsibility of:

• Option A: Contractor
• Option B: Client

3. Equipment and Supplies

The following party shall provide the tools, equipment, and consumable supplies necessary to perform the Services:

• Option A: Contractor:
  • Contractor shall ensure all equipment meets Washington Department of Labor & Industries (L&I) safety standards.
• Option B: Client:
  • Client shall ensure all equipment is in good working order and provide Contractor with necessary training.

4. Work Schedule

The Services shall be performed according to the following schedule:

• Option A: Regular Hours:
  • [Days of the Week], [Start Time] to [End Time]
• Option B: As-Needed Basis:
  • With [Number] hours' notice.
• Option C: Seasonal Basis:
  • [Specify Seasons and Tasks]

Protocol for reporting job completion: [Description of Reporting Protocol e.g., Log Entry, Photo, Email Confirmation].

5. Compensation

The Client shall compensate the Contractor as follows:

• Option A: Hourly Rate:
  • [Dollar Amount] per hour.
• Option B: Per-Task Basis:
  • [Dollar Amount] per task as defined in [Reference Document e.g., Exhibit A].
• Option C: Retainer Basis:
  • [Dollar Amount] per month.

Minimum call-out fee: [Dollar Amount]. Overtime/after-hours premium: [Percentage or Dollar Amount]. Travel time/mileage: [Billable/Not Billable, Rate per Mile/Hour].

6. Invoicing and Payment

The Contractor shall submit invoices to the Client in the following format: [Format Description e.g., Detailed Invoice with Itemized Services]. Invoices shall be submitted [Frequency e.g., Monthly, Bi-Weekly]. Payment terms are net [Number] days. Payment methods: [List Accepted Payment Methods e.g., Check, ACH Transfer]. Washington sales tax/use tax: [Responsibility for Collection and Remittance]. Late payment penalty: [Percentage or Dollar Amount].

7. Tax Compliance

The Contractor is responsible for all federal, state, and local tax compliance, including:

• Obtaining a Washington contractor registration (if required).
• Payment of business and occupation (B&O) taxes.
• Unemployment insurance.
• L&I industrial insurance.

Contractor shall comply with prevailing wage requirements if the work is performed for public entities, as per RCW 39.12.

8. Independent Contractor Relationship

It is expressly understood and agreed that the Contractor is an independent contractor and not an employee, partner, or agent of the Client. Neither party is authorized to make any representations or commitments on behalf of the other. Contractor's right of direction or control is limited by RCW 51.08.180. The Contractor is responsible for their own insurance (including L&I, general liability, vehicle, and, if required, worker's compensation or waivers thereof), permits, and employment taxes. The Contractor is responsible for any required licensure or bonding.

9. Insurance

The Contractor shall maintain the following insurance coverage:

• General Liability Insurance: [Coverage Amount]
• Vehicle Insurance: [Coverage Amount]
• L&I Insurance: Required.

If applicable, the Contractor shall maintain worker's compensation insurance or provide waivers thereof for all employees, in compliance with Washington State law.

10. Safety Compliance

The Contractor shall comply with all Washington OSHA (WISHA) workplace safety standards and any other state/local safety protocols. Contractor shall provide all necessary training and personal protective equipment (PPE) to its employees.

11. Confidentiality

The Contractor shall maintain the confidentiality of all Client and property information and comply with all applicable Washington data protection, privacy, and security laws.

12. Intellectual Property

Ownership of all reports, checklists, maintenance logs, or other deliverables shall remain with:

• Option A: Client
• Option B: Contractor

13. Subcontracting

Subcontracting is:

• Option A: Permitted, with prior written consent from the Client. Subcontractor verification of registration, insurance, and L&I compliance is required.
• Option B: Not Permitted.

14. Dispute Resolution

Any disputes arising under this Agreement shall be resolved through:

• Negotiation.
• Mediation/Arbitration, with venue and governing law set to Washington State. Limitations per RCW 4.24 or other local statutes apply.

15. Liability and Indemnification

The Contractor shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any property damage, bodily injury, or third-party claims arising from the Contractor's actions.

16. Amendments

This Agreement may be amended only by a written instrument signed by both parties.

17. Notices

All notices under this Agreement shall be in writing and delivered to the addresses set forth above. Email notice is:

• Option A: Acceptable at [Client Email Address] and [Contractor Email Address].
• Option B: Not Acceptable.

18. Termination

This Agreement shall commence on [Start Date] and shall continue for a term of [Number] [Days/Weeks/Months/Years].

• Option A: Renewal:
  • This Agreement shall automatically renew for successive [Number] [Days/Weeks/Months/Years] periods unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
• Option B: Termination for Cause:
  • Either party may terminate this Agreement immediately for breach, nonperformance, default, or safety violations.

Upon termination, the Contractor shall promptly return all Client property, including equipment, materials, keys, and documentation.

19. Representations and Warranties

Each party represents and warrants that it has the authority to enter into this Agreement and that it is in compliance with all applicable laws and regulations. The Contractor warrants that it has the right to perform the Services.

20. Non-Solicitation

The Contractor agrees not to solicit the Client's employees or customers during the term of this Agreement and for a period of [Number] [Days/Weeks/Months/Years] thereafter.

21. Additional Requirements

[List Any Additional Client-Specific Requirements or Property Rules e.g., Background Checks, On-Site Conduct, Environmental Standards].

22. Documentation

The Contractor shall maintain complete and accurate records of all Services performed and shall provide such records to the Client upon request. Retention period for work records: [Number] [Days/Weeks/Months/Years].

23. Severability

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

24. 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.

25. Exhibits

The following exhibits are incorporated into and made a part of this Agreement:

• [List Exhibits e.g., Detailed Work Schedule, Insurance Certificates, Contractor License Copy]

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

Client:

____________________________
[Client Printed Name]

____________________________
[Client Signature]

Contractor:

____________________________
[Contractor Printed Name]

____________________________
[Contractor Signature]