California maintenance service contract template

California Maintenance Service Contract

This California Maintenance Service Contract ("Agreement") is made and entered into as of [Date], by and between:

[Service Provider Full Legal Name], a [State of Formation] [Entity Type, e.g., Corporation], with a business address at [Service Provider Business Address], hereinafter referred to as "Provider,"

Contact Information:

• Phone: [Service Provider Phone Number]
• Email: [Service Provider Email Address]

And

[Client Full Legal Name], a [State of Formation] [Entity Type, e.g., Corporation], with a business address at [Client Business Address], hereinafter referred to as "Client."

Contact Information:

• Phone: [Client Phone Number]
• Email: [Client Email Address]

1. Scope of Services

• Option A: General Maintenance Services
  • Description: Provider shall perform general maintenance services, including:
  • Preventative Maintenance: [Description of preventative maintenance services and frequency]
  • Corrective Maintenance: [Description of corrective maintenance services and response times]
  • Routine Maintenance: [Description of routine maintenance services and schedule]
  • Emergency Maintenance: [Description of emergency maintenance services and response times]
• Option B: Specific Maintenance Services
  • Description: Provider shall perform the following specific maintenance services:
  • HVAC Maintenance: [Description of HVAC maintenance services, including specific equipment covered]
  • Electrical Maintenance: [Description of electrical maintenance services, including specific systems covered]
  • Plumbing Maintenance: [Description of plumbing maintenance services, including specific fixtures covered]
  • Landscaping Maintenance: [Description of landscaping maintenance services, including frequency and areas covered]
  • Equipment/Machinery Maintenance: [Description of equipment or machinery maintenance services, including specific assets covered]
  • Facilities Maintenance: [Description of general facilities maintenance, e.g. carpentry, painting, etc.]
  • Janitorial Services: [Description of janitorial services, including frequency and areas covered]

Hours of Operation/Response Windows: [Specify hours of operation for routine services; specify response windows for emergency services]

Standards: Provider shall adhere to the following manufacturer/industry standards: [List applicable standards, e.g., ASHRAE, NEC]

2. Service Locations and Covered Assets

• Option A: Single Location
  • Location: [Address of service location]
  • Covered Assets: [List of covered assets or systems at the location]
  • Exclusions: [List of any assets or systems specifically excluded from coverage]
• Option B: Multiple Locations
  • Locations:
    • [Address of service location 1]
    • [Address of service location 2]
    • [List additional locations as needed]
  • Covered Assets: [List of covered assets or systems at each location; may reference an attached schedule]
  • Exclusions: [List of any assets or systems specifically excluded from coverage at any location]

3. Initial Condition Inspection

• Requirement: Provider shall conduct an initial condition inspection of the covered assets and systems before commencement of services.
  • Inspection Report: Provider shall provide Client with a written inspection report within [Number] days of the Effective Date.
  • Sign-off: Client and Provider shall sign off on the inspection report, acknowledging the initial condition of the covered assets and systems.

4. Client Obligations

• Access: Client shall provide Provider with clear and safe access to the service locations and covered assets.
• Safety Training: Client shall provide Provider's staff with any necessary site-specific safety training. [Specify any required training]
• Utilities: Client shall provide necessary utilities (e.g., electricity, water) for Provider to perform the services.
• Notification: Client shall promptly notify Provider of any changes or emergencies that may affect Provider's ability to perform the services. [Specify notification protocols]

5. California Licensing, Permitting, and Bonding

• Requirement: Provider represents and warrants that it possesses all necessary California licenses, permits, and bonds required to perform the services under this Agreement.
  • Contractor's License: If required, Provider's California contractor's license number is [Contractor's License Number], and classification is [Contractor's Classification].
  • Evidence: Provider shall provide Client with copies of all relevant licenses, permits, and bonds upon request.

6. Regulatory Compliance

• Requirement: Provider shall comply with all applicable California regulatory requirements, including, but not limited to:
  • Hazardous Materials Handling: Compliance with California regulations regarding the handling, storage, and disposal of hazardous materials.
  • OSHA/Cal-OSHA: Compliance with all applicable OSHA and Cal-OSHA safety standards and regulations.
  • Waste Disposal: Compliance with all applicable California regulations regarding waste disposal.
  • Environmental Protections: Compliance with all applicable California environmental protection laws and regulations.
  • Prevailing Wage: If applicable, compliance with California prevailing wage requirements under the California Labor Code for public projects. [Specify if prevailing wage applies]

7. Insurance

• Requirement: Provider shall maintain the following insurance coverage, compliant with California law, throughout the term of this Agreement:
  • General Liability: Minimum coverage of [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate.
  • Workers' Compensation: As required by California Labor Code Section 3700.
  • Auto Liability: Minimum coverage of [Dollar Amount] per accident if vehicles are used on site.
  • Professional Liability/Errors & Omissions: If applicable, minimum coverage of [Dollar Amount]. [Specify if applicable]
• Additional Insured: Client shall be added as an additional insured on Provider's general liability insurance policy.
• Proof of Insurance: Provider shall provide Client with certificates of insurance evidencing the required coverage.

8. Service Fees and Payment Terms

• Option A: Fixed Fee
  • Fixed Fee: The fixed fee for the services is [Dollar Amount] per [Frequency, e.g., month, quarter].
• Option B: Hourly Rate
  • Hourly Rate: The hourly rate for the services is [Dollar Amount] per hour.
• Option C: Per-Task/Unit Rate
  • Per-Task/Unit Rate: The rate for each task/unit is as follows: [List rates for specific tasks or units]

Payment Terms:

• Billing Frequency: Provider shall invoice Client [Frequency, e.g., monthly, quarterly].
• Payment Due Date: Payment is due within [Number] days of the invoice date.
• Late Payment Penalty: Late payments shall be subject to a late payment penalty of [Percentage] per month, or the maximum amount allowed by California law, whichever is lower.
• Taxes: All prices are exclusive of applicable California state and local taxes.

9. Invoices

• Requirement: Invoices shall include a detailed description of the services rendered, the date(s) of service, and the hours worked (if applicable).
• Compliance: Invoices shall comply with all applicable California tax documentation standards.

10. Change Orders

• Procedure: Any extra or out-of-scope work shall require a written change order, signed by both Provider and Client.
• Approval Hierarchy: [Specify the individuals authorized to approve change orders on behalf of Client]
• Contractor/Subcontractor Changes: Change orders will comply with contractor/subcontractor change requirements under California law.

11. Subcontracting

• Policy: Provider shall not subcontract any of the services without the prior written approval of Client.
• Compliance: Any subcontractors used by Provider shall comply with all applicable California labor, licensing, and insurance laws.

12. Performance Standards

• Quality Measures: [Specify quality measures for completed work, e.g., adherence to industry standards, client satisfaction]
• Response and Resolution Times: [Specify time limits for response and resolution of maintenance issues]
• Documentation/Recordkeeping: Provider shall maintain accurate records of all services performed, including inspection reports, maintenance logs, and repair records.

13. Acceptance of Completed Work

• Procedure: Upon completion of any service, Client shall have the opportunity to inspect the work.
• Walk-Through: Client and Provider may conduct a walk-through to review the completed work.
• Sign-Off: Client shall sign off on a completion form acknowledging acceptance of the work.

14. Response Timelines

• Routine Service: [Specify routine service response timelines]
• Emergency Service: [Specify emergency service response timelines]
• 24/7 Contact: [Provide 24/7 contact information if required]
• Escalation Procedures: [Describe escalation procedures for unresolved issues]

15. Required Repairs, Upgrades, and Hazards

• Communication: Provider shall promptly communicate any required repairs, upgrades, or hazards discovered during the performance of services to Client.
• Client Notifications: Provider shall comply with all required client notifications pursuant to California Civil Code Section 1102 (if applicable).

16. Environmental Compliance

• Products: Provider shall use eco-friendly products whenever possible.
• Regulations: Provider shall adhere to all applicable California hazardous waste and water regulations, including restrictions on discharges, handling of refrigerants, and compliance with Prop 65 notices (if relevant).

17. Confidentiality

• Provisions: Provider shall maintain the confidentiality of all Client's proprietary information and data.
• CCPA Compliance: If Provider handles or has access to personal data, Provider shall comply with the California Consumer Privacy Act (CCPA).

18. Worksite Safety

• Obligations: Provider shall comply with all applicable Cal-OSHA standards and relevant site safety protocols.
• Emergency Response: Provider shall have an emergency response plan in place and shall report any incidents to Client immediately.

19. Warranties

• Workmanship Warranty: Provider warrants its labor for a period of [Number] [Time period] from the date of completion.
• Materials Warranty: The materials used by Provider are subject to the manufacturer's warranty. [Specify manufacturer warranty details]
• Claim Process: [Describe the warranty claim process]

20. Limitation of Liability and Indemnification

• Limitations: [Specify limitations of liability, consistent with California law]
• Indemnification: [Include indemnification clause, adhering to California’s anti-indemnity statutes for construction or repair contracts]

21. Dispute Resolution

• Mechanisms: Any disputes arising out of or relating to this Agreement shall be resolved through:
  • Direct Negotiation: The parties shall first attempt to resolve the dispute through direct negotiation.
  • Mediation: If negotiation fails, the parties shall attempt to resolve the dispute through mediation.
  • Arbitration: If mediation fails, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California.
• Venue: Venue for any legal action shall be in [County Name] County, California.

22. Force Majeure

• Events: Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to acts of God, earthquakes, fire, power outages, government orders, or other events beyond its reasonable control.
• Notification: The affected party shall promptly notify the other party of the force majeure event.
• Resumption of Services: Services shall resume as soon as reasonably practicable after the force majeure event ceases.

23. Termination

• For Cause: Either party may terminate this Agreement for cause upon [Number] days written notice to the other party.
• For Convenience: Client may terminate this Agreement for convenience upon [Number] days written notice to Provider.
• Transition of Services: Upon termination, Provider shall cooperate with Client to ensure a smooth transition of services.
• Exit Reporting: Provider shall give Client an exit report of the tasks completed and outstanding issues.
• Settlement: Upon termination, all outstanding payments shall be settled within [Number] days.

24. Service Records

• Retention: Provider shall retain service records for a period of [Number] years.
• Access: Client shall have the right to access and audit the service records upon reasonable notice.

25. Intellectual Property

• Ownership: Any service-related documentation, software, or custom solutions developed in the course of providing maintenance shall be owned by [Client/Provider]. [Specify ownership]

26. Non-Solicitation/Non-Hire

• Provisions: [Include non-solicitation and non-hire provisions, complying with California Business & Professions Code Section 16600]

27. Security/Background Checks

• Requirement: Provider shall conduct background checks on its employees in accordance with Client's security requirements and applicable California employment and privacy regulations. [Specify background check requirements]

28. Client Self-Performance

• Right: Client reserves the right to self-perform or outsource services not covered by this Agreement or delayed by Provider.
• Notice: Client shall provide Provider with [Number] days notice prior to self-performing or outsourcing such services.
• Cost Deduction: Client shall be entitled to a cost deduction for any services not performed by Provider.

29. Notices

• Method: All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, or sent by email.
• Addresses:
  • To Provider: [Service Provider Business Address], [Service Provider Email Address]
  • To Client: [Client Business Address], [Client Email Address]

30. Regular Reviews

• Requirement: The parties shall conduct regular reviews or joint meetings to discuss service performance, required preventative tasks, and update service plans as needed. [Specify frequency of reviews]

31. Document Control

• Obligations: The service provider shall have obligations to retain, control, and destroy documents according to retention schedules which conform to legal standards and privacy expectations. [Specify obligations]

32. Compliance with Laws

• Requirement: Provider shall comply with all applicable federal, state, and local laws and regulations as updated from time to time throughout the term of this Agreement.

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

[Service Provider Full Legal Name]

By: [Service Provider Authorized Representative Name]

Title: [Service Provider Authorized Representative Title]

[Client Full Legal Name]

By: [Client Authorized Representative Name]

Title: [Client Authorized Representative Title]