Wisconsin maintenance independent contractor agreement template

Wisconsin Maintenance Independent Contractor Agreement

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

[Client Legal Name], a [Client Entity Type, e.g., Corporation], with a principal place of business at [Client Address] (“Client”), Contact Number: [Client Phone Number], Email: [Client Email Address]; and

[Contractor Legal Name], a [Contractor Entity Type, e.g., Sole Proprietorship], with a principal place of business at [Contractor Address] (“Contractor”), Contact Number: [Contractor Phone Number], Email: [Contractor Email Address]. Business Name (if applicable): [Contractor Business Name].

Scope of Services

Option A: The Contractor shall provide the following maintenance services (the “Services”) at the following location(s): [Property Address(es) or Detailed Description of Locations]. The Services include, but are not limited to: [Detailed Description of Maintenance Services, e.g., Routine Inspections, Preventative Maintenance, Emergency Repair, Equipment Upkeep, Building Systems Servicing (HVAC, plumbing, electrical), Landscaping, Janitorial]. Specific standards for these services include: [Service Standards].

Option B: The Services shall be defined by individual work orders issued by Client and accepted by Contractor. Each work order will specify the scope of work, location, and materials needed.

Service Schedule and Availability

Option A: The Contractor shall perform the Services according to the following schedule: [Detailed Service Schedule, e.g., Weekly, Monthly, Specific Days and Times]. The Contractor's availability requirements are as follows: [Availability Requirements, e.g., Normal Business Hours, After-Hours Response, On-Call Obligations]. Expected response time for urgent requests is: [Response Time].

Option B: Services shall be scheduled upon mutual agreement between Client and Contractor based on Client's needs.

Provision of Tools, Equipment, and Materials

Option A: The Contractor shall provide all tools, equipment, parts, and consumables necessary to perform the Services.

Option B: The Client shall provide all tools, equipment, parts, and consumables necessary to perform the Services. The Contractor is responsible for proper use and maintenance of Client-provided equipment.

Option C: The Contractor shall provide tools and equipment. The Client shall provide all parts and consumables. Reimbursement for Contractor-supplied materials will be handled as follows: [Reimbursement Procedures]. Equipment return policy: [Equipment Return Policy]. Storage of equipment: [Storage Procedures].

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 employer-employee relationship, partnership, joint venture, or agency relationship between the parties. The Contractor is not eligible for Wisconsin worker’s compensation, unemployment insurance, or employee benefits from the Client.

The Contractor is solely responsible for all federal, state, and local taxes, including self-employment taxes (FICA, Social Security), arising out of payments made under this Agreement, and shall file all necessary tax returns.

Compensation and Payment

Option A: The Client shall pay the Contractor at a rate of [Hourly Rate] per hour for Services performed.

Option B: The Client shall pay the Contractor a fixed fee of [Fixed Fee Amount] per job.

Option C: The Client shall pay the Contractor a monthly retainer of [Monthly Retainer Amount].

Payment terms: [Payment Terms, e.g., Net 30 Days]. Fees for emergency or after-hours work: [Emergency/After-Hours Fees]. Provisions for cost-plus arrangements: [Cost-Plus Arrangement Details]. Travel time reimbursement policy: [Travel Time Policy].

Invoices must be submitted by the Contractor with supporting documentation. Payment due dates are [Payment Due Dates]. Consequences of late payment: [Late Payment Consequences].

Wisconsin Sales/Use Tax

The Contractor is responsible for determining whether Wisconsin sales or use tax applies to the Services or materials provided under this Agreement, and for collecting and remitting such taxes to the Wisconsin Department of Revenue if required by law.

Licenses, Certifications, and Insurance

The Contractor shall maintain all required licenses and certifications necessary to perform the Services in Wisconsin, including but not limited to: [List of Required Licenses and Certifications].

The Contractor shall maintain the following insurance coverage:

• General Liability Insurance: [Minimum Coverage Amount]
• Auto Insurance: [Minimum Coverage Amount]
• Industry-Specific Coverage: [Type and Minimum Coverage Amount]
• Workers' Compensation Insurance: If the Contractor employs others, they are responsible for maintaining worker's compensation coverage per Wisconsin law.

The Contractor shall provide the Client with certificates of insurance evidencing such coverage upon request.

Quality Standards and Reporting

The Services shall be performed in a professional and workmanlike manner, meeting the following quality standards: [Detailed Quality Standards].

Methods for inspecting and verifying service completion: [Inspection and Verification Methods]. Approval or correction protocols: [Approval/Correction Protocols].

Documentation or reporting requirements: [Reporting Requirements, e.g., Work Order Logs, Maintenance Reports], complying with Wisconsin commercial property record-keeping standards where applicable.

Access to Premises and Site Safety

The Client shall provide the Contractor with access to the premises necessary to perform the Services.

The Contractor shall coordinate with property managers or tenants as necessary.

Required background checks or identification for contractors entering secure sites: [Background Check/ID Requirements].

Site safety and behavior rules: [Site Safety Rules], in accordance with applicable Wisconsin OSHA-adopted standards.

Data Security and Confidentiality

The Contractor shall maintain the confidentiality of all information about Client properties, tenants, vendors, building systems, and access codes.

Data security and privacy rules: [Data Security Rules], in compliance with Wisconsin personal data protection requirements.

Intellectual Property

Ownership of any custom-produced plans, manuals, or system modifications created by the Contractor: [Intellectual Property Ownership Details, e.g., Client Ownership Upon Payment].

Subcontractors

Option A: The Contractor may use subcontractors to perform the Services, subject to the Client's prior written consent.

Option B: The Contractor may use subcontractors without prior consent, but remains responsible for the quality of their work.

The Contractor shall ensure that all subcontractors comply with all applicable terms of this Agreement, including licensing, insurance, and record-keeping requirements under Wisconsin law.

Limitation of Liability and Indemnification

Limitation of liability for property damage, service failures, or injury: [Liability Limitations], including any statutory limitations enforceable in Wisconsin.

Indemnification: The Contractor shall indemnify and hold harmless the Client from any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to the Contractor’s performance of the Services, except to the extent caused by the Client’s negligence or willful misconduct.

Procedure for reporting incidents, accidents, or property damage: [Incident Reporting Procedures], in compliance with Wisconsin insurance claims processes.

Term and Termination

Option A: The term of this Agreement shall commence on [Start Date] and shall continue for a period of [Duration].

Option B: This Agreement shall commence on [Start Date] and shall continue until terminated as provided herein.

Renewal terms: [Renewal Terms].

Termination: This Agreement may be terminated by either party upon [Notice Period] written notice to the other party.

• Grounds for early termination: [Grounds for Termination, e.g., Breach, Convenience, Force Majeure].
• Upon termination, the Contractor shall submit a final invoice for all Services performed through the date of termination.
• The Contractor shall return all Client property, keys, and records to the Client.
• The Contractor shall provide reasonable transition assistance to any successor contractor.

Regulatory Compliance

The Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to city or county building and maintenance codes, Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) regulations, and environmental laws for hazardous material handling.

Non-Solicitation and Non-Compete

Option A: The Contractor shall not, during the term of this Agreement and for a period of [Duration] following the termination thereof, solicit or attempt to solicit any employees or customers of the Client within [Geographic Area].

Option B: No Non-Solicitation or Non-Compete restriction.

Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin.

Any dispute arising out of or relating to this Agreement shall be resolved through negotiation. If negotiation fails, the parties agree to attempt mediation or arbitration in [City, Wisconsin] before resorting to litigation. If litigation is necessary, venue shall be in the [County Name] County Circuit Court, Wisconsin.

Notices

All notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given upon personal delivery or upon deposit in the United States mail, registered or certified, postage prepaid, addressed to the party at the address set forth above.

Change Orders

Any changes to the scope of Services or compensation shall be made in writing and signed by both parties (a “Change Order”).

Contract Management and Communication

Client Representative: [Client Representative Name], [Client Representative Title]

Contractor Representative: [Contractor Representative Name], [Contractor Representative Title]

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.

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.

Amendment

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

Federal Law Compliance

If federal property, funds, or regulatory requirements are involved, the Contractor shall comply with all applicable federal laws and regulations.

Contractor Warranty

The Contractor warrants that it is duly organized, in good standing, and authorized to do business in the State of Wisconsin.

Special Considerations

Prevailing Wage: If this is a public works contract, the Contractor shall comply with Wisconsin's prevailing wage laws.

Site Access: For sensitive sites such as schools, hospitals, or multi-family housing, the Contractor shall adhere to specific access protocols provided by the Client.

Environmental Hazards: If the project involves special environmental hazards (e.g., lead paint, asbestos), the Contractor shall comply with all applicable local ordinances and state/federal safety standards.

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

_______________________________
[Client Legal Name]

By: _______________________________
[Client Representative Name], [Client Representative Title]

_______________________________
[Contractor Legal Name]

By: _______________________________
[Contractor Representative Name], [Contractor Representative Title]