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XXXXXXX Homeowners Association: Contract For Services
XXXXXXX Homeowners Association: Contract For Services
This Agreement is made on XXXXXXXXX between XXXXXXXXX Homeowners Association (Client), a planned unit
development located in XXXXXXXXX and XXXXXXXXXX (“Contractor”), an independent contractor, with a
principal place of business at XXXXXXXXXXXXXXXXXXXXXX.
Specific Services
2.02 Contractor agrees to perform the services specified in the “Description of Services” attached to this
Agreement and incorporated into this Agreement by reference.
Status of Contractor
2.03 Contractor enters into this Agreement, and will remain throughout the term of the Agreement, as an
independent contractor. Contractor is responsible for providing, at his own expense, disability, unemployment
and other insurance, workman’s compensation, training, permits and licenses, all as may be required by law, for
himself and for his employees and subcontractors.
2.05 Contractor may, at Contractor’s own expense, use any employees or subcontractors as Contract deems
necessary to perform the services required of Contractor by this Agreement. Client may not control, direct or
supervise Contractor’s employees or subcontractors in the performance of those services.
ARTICLE 3. COMPENSATION
Flat Rate
3.01 Client agrees to pay Contractor according to the “Description of Services” attached to this Agreement
and incorporated into this Agreement by reference. For services rendered under this Agreement, Client agrees
to pay Contractor for the services at the rate of XXXXXXXX per month, plus any additional amount for other
services rendered and/or reimbursable expenses authorized by Client.
Date for Payment of Compensation
3.02 Payment will be payable within ten days after Client receives bill from Contractor provided Contract has
performed according to the Description of Services.
Payment of Expenses
3.03 Client will reimburse Contractor for all reasonable expenses incurred in performing services under this
Agreement. The term “expenses” includes purchase of materials for plants, trees, shrubs, seeds, fertilizer and
repair or replacement of fencing, sprinkler parts, mailbox posts and boxes. Contractor shall secure Client’s
prior approval for any reimbursable expenses that exceed $50.00 in any month.
3.04 Contractor will provide Client with itemized monthly invoices which will include the monthly flat fee and
a list of other services rendered including: location of service, labor hours and cost, and material costs will all
receipts attached to invoice.
4.01 Contractor agrees to devote as many hours needed each month to perform services described in
“Description of Services”.
Non-Exclusive Relationship
4.02 Contractor may represent, perform services for, and contract with as many additional clients, persons,
or companies as Contractor, in his sole discretion, sees fit.
4.03 Contractor will perform the services under this Agreement on Client’s premises weekly on any days
Monday through Friday between the hours of 8 am and 5 pm – except in the case of emergency, when the work
may be performed as needed.
4.04 Contractor will supply all tools, materials and equipment required to perform the services under this
Agreement.
Liability Insurance
4.05 Contractor agrees to provide workman’s compensation insurance in compliance with law for
Contractor’s employees and agents and agrees to hold harmless and indemnify client for any and all claims
arising out of any injury, disability or death of any of Contractor’s employees, subcontractors or agents.
Contractor will provide Client with Certificate of Insurance, naming client as insured, in form suitable to Client,
prior to commencement of work.
Contractor’s Qualifications
4.07 Contractor represents that he has the qualifications and skills necessary to perform the services under
this Agreement in a competent, professional manner, without the advice or direction of Client. This means
Contractor is able to fulfill the requirements of this Agreement. Failure to perform timely all the services
required under this Agreement constitutes a material breach of the Agreement. Contractor has complete and
sole discretion for the manner in which the work under this Agreement will be performed.
Indemnity
4.08 Contractor agrees to indemnity, defend and hold client free and harmless from all claims, demands,
losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties,
attorney’s fees and costs, that client may incur a result of a breach by Contractor of any representation or
Agreement contained in this Agreement.
Assignment
4.09 Neither this Agreement nor any duties or obligations under this Agreement may be assigned by
contractor without the prior written consent of Client.
Cooperation of Client
5.01 Client agrees to comply with all reasonable requests of Contractor necessary to the performance of
Contractor’s duties under this Agreement
Assignment
5.02 Neither this Agreement nor any duties or obligations under this Agreement, except the work identified
in the Description of Services as time and materials, may be assigned by client without the prior written consent
of Contractor.
Termination on Notice
6.01 Notwithstanding any other provision of this Agreement, either party may terminate this Agreement at
any time by giving 30 days written notice to the other party. Unless otherwise terminated as provided in this
Agreement, this Agreement will continue in force for a period of one year.
6.02 This Agreement will terminate automatically on the occurrence of any of the following events:
(a) Bankruptcy or insolvency of either party;
(b) Sale of the business by Contractor;
(c) Death of the Contractor; or
(d) The dissolution of the client’s Association
In order to enhance the value, desirability and attractiveness of XXXXXXXXXXXXXXXX Homeowners Association
Property, and each and every part thereof, the following describes the minimum services Contractor must
provide in maintaining the proper and orderly growth of the landscaping:
b) Bi-Weekly Services. These services are to be provided on an alternating basis, every other week:
i) Week 1 – check all sprinklers and replace or repair broken ones
ii) Week 2 – hedge all shrubs
2) OTHER SERVICES. These services are to be provided on a time and materials basis as directed by liaison.
Contractor will provide client with estimate prior to commencement of work. The Client reserves the right to
solicit and accept outside bids for these services and may do so at any time at its sole discretions.
3) EXPENSES
a) Reimbursable Items. The following are reimbursable subject to 3.02 and 3.03
i) Plants, trees, shrubs
ii) Seeds, fertilizer, sod
iii) Fencing and gate materials
iv) Mailboxes, posts, paint
v) Sprinkler supplies, valves
b) Non-Reimbursable Items
i) Gasoline
ii) Oil
iii) Maintenance, repairs or replacement of tools and equipment
iv) Mileage