Colorado maintenance service contract template

Colorado Maintenance Service Contract

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

• [Service Provider Name], a [State] [Entity Type] with its principal place of business at [Address], hereinafter referred to as "Service Provider," and
• [Client Name], a [State] [Entity Type] with its principal place of business at [Address], hereinafter referred to as "Client."

Contact Information:

• Service Provider:
  • Mailing Address: [Address]
  • Phone: [Phone Number]
  • Email: [Email Address]
  • Licensed Trade Credentials (if applicable): [License Number and Type]
• Client:
  • Mailing Address: [Address]
  • Phone: [Phone Number]
  • Email: [Email Address]

1. Description of Services

• Option A: General Maintenance
  • The Service Provider shall provide general maintenance services for the following assets/equipment: [Description of Assets/Equipment, e.g., HVAC, Plumbing, Electrical].
  • The scope of work includes: [Detailed Scope of Work, e.g., Inspection, Repair, Replacement].
  • Service frequency: [Frequency, e.g., Monthly, Quarterly]
  • Service standards will adhere to manufacturer recommendations, industry best practices, and applicable Colorado codes and regulations.
• Option B: Specific Equipment Maintenance
  • The Service Provider shall provide maintenance services specifically for [Specific Equipment Description, e.g., Boiler Model ABC, Elevator System XYZ].
  • The scope of work includes: [Detailed Scope of Work specific to the equipment].
  • Service frequency: [Frequency, e.g., Monthly, Quarterly]
  • Service standards will adhere to manufacturer recommendations, industry best practices, and applicable Colorado codes and regulations.
• Option C: On-Demand Maintenance
  • The Service Provider shall provide maintenance services on an on-demand basis as requested by the Client.
  • The scope of work will be determined on a per-call basis and agreed upon by both parties before commencement of work.
  • Service requests must be submitted through [Designated Method, e.g., Phone, Email, Online Portal].

2. Service Locations

• Option A: Single Location
  • The services will be performed at the following location: [Complete Address].
  • Included Areas/Systems: [List of included areas/systems]
  • Excluded Areas/Systems: [List of excluded areas/systems]
• Option B: Multiple Locations
  • The services will be performed at the locations listed in Exhibit A attached hereto.
  • For each location, a separate scope of work may be defined and agreed upon by both parties.

3. Service Provider Obligations

• Inspection:
  • The Service Provider shall conduct regular inspections of the covered assets/equipment.
  • Inspection frequency: [Frequency, e.g., Monthly, Quarterly]
  • Checklists will be used during inspections and provided to the Client.
• Reporting:
  • The Service Provider shall provide detailed reports of all inspections and maintenance activities.
  • Reports will be submitted to the Client within [Number] days of service completion.
• Preventative Maintenance:
  • The Service Provider shall perform preventative maintenance tasks as outlined in Exhibit B attached hereto.
  • Maintenance logs will be maintained and provided to the Client upon request.
• Client Approval:
  • For any repair or replacement work exceeding [Dollar Amount], the Service Provider must obtain written approval from the Client.

4. Client Obligations

• Site Access:
  • The Client shall provide the Service Provider with reasonable access to the service locations.
• Utility Hookups:
  • The Client shall provide necessary utility hookups (e.g., water, electricity) for the Service Provider to perform the services.
• Notification of Issues:
  • The Client shall promptly notify the Service Provider of any issues or malfunctions.
• Authorized Staff Contacts:
  • The Client shall provide a list of authorized staff contacts who can approve work and provide access.
  • Contact list will be updated [Frequency].
• Safe Working Conditions:
  • The Client shall ensure safe working conditions for the Service Provider's personnel, in accordance with Colorado labor and safety laws.

5. Service Hours and Emergency Response

• Option A: Standard Hours
  • Service hours are [Days of the week], [Start Time] to [End Time].
• Option B: Extended Hours
  • Service hours are [Days of the week], [Start Time] to [End Time].
  • After-hours and holiday service is available at an additional charge of [Percentage or Fixed Amount].
• Emergency Response:
  • The Service Provider shall respond to emergency service requests within [Number] hours.
  • Resolution time for emergency service requests is guaranteed within [Number] hours.

6. Service Fees and Payment

• Option A: Flat Rate
  • The service fee is a flat rate of [Dollar Amount] per [Frequency, e.g., Month, Quarter].
  • This rate includes the services described in Section 1.
  • Excluded services will be billed separately at the rates specified in Exhibit C attached hereto.
• Option B: Periodic Retainer
  • The service fee is a periodic retainer of [Dollar Amount] per [Frequency, e.g., Month, Quarter].
  • This retainer covers a maximum of [Number] hours of service per [Frequency].
  • Additional hours will be billed at the rate of [Dollar Amount] per hour.
• Option C: Per-Call Basis
  • Services will be billed on a per-call basis at the rates specified in Exhibit C attached hereto.
  • A minimum charge of [Dollar Amount] will apply to each service call.
• Invoice Schedule:
  • Invoices will be issued [Frequency, e.g., Monthly, Quarterly].
  • Payment due date: [Number] days from the invoice date.
• Payment Methods:
  • Acceptable payment methods: [List of Payment Methods, e.g., Check, Credit Card, ACH Transfer].
• Late Payment Interest:
  • Late payments will be subject to interest at a rate of [Percentage] per month, consistent with Colorado usury and commercial contract law.
• Consequences of Non-Payment:
  • Service may be suspended if payment is not received within [Number] days of the due date.

7. Changes to Scope of Services

• Any changes to the scope of services must be documented in writing and signed by both parties.
• Service level escalation or additional work approvals will be subject to written modification procedures and pricing adjustments.

8. Liability

• The Service Provider's liability for damage to property is limited to [Dollar Amount].
• Consequential loss exclusions apply to the extent permitted by Colorado law.
• The Service Provider shall not be liable for damages caused by pre-existing conditions or latent defects.
• Each party agrees to indemnify and hold harmless the other party from and against any and all claims, losses, damages, liabilities, costs and expenses arising out of or relating to the performance of this Agreement, to the extent caused by the negligent acts or omissions of the indemnifying party.

9. Insurance

• The Service Provider shall maintain the following insurance policies with Colorado minimum limits:
  • General Liability: [Dollar Amount] per occurrence.
  • Workers' Compensation: As required by Colorado law.
  • Automobile Coverage: [Dollar Amount] combined single limit (if travel is involved).
• The Service Provider shall provide certificates of insurance to the Client upon request and upon renewal of policies.

10. Warranty

• The Service Provider warrants its services and parts for a period of [Number] days from the date of service.
• This warranty does not cover damages due to improper use or third-party intervention.
• Required maintenance for warranty validity: [Description of required maintenance].

11. Notification of Defects

• The Client shall notify the Service Provider in writing of any defects or service deficiencies within [Number] days of discovery.
• The Service Provider shall have [Number] days to remediate or escalate the issue.

12. Health, Safety, and Environmental Compliance

• The Service Provider shall comply with all applicable Colorado Occupational Safety and Health regulations.
• The Service Provider shall handle hazardous materials in accordance with applicable regulations.
• The Service Provider shall comply with all applicable local environmental standards, waste disposal, and emissions regulations.

13. Assignment and Subcontracting

• The Service Provider may not assign this Agreement without the Client's written consent.
• Any subcontractors used by the Service Provider must be licensed and insured in accordance with Colorado law.

14. Confidentiality

• Both parties shall maintain the confidentiality of any sensitive property, system, or business information accessed during the performance of this Agreement.
• Data protection provisions will comply with Colorado privacy statutes.

15. Intellectual Property

• The Service Provider retains all intellectual property rights relating to its proprietary maintenance methodologies, software, diagnostic reports, or data generated.

16. Record Retention

• The Service Provider shall maintain records of all inspections, service histories, and documentation as required by Colorado statutes or industry regulators.
• The Client shall have the right to access these records upon reasonable notice.

17. Termination

• Option A: Termination for Default
  • Either party may terminate this Agreement for default upon [Number] days written notice.
• Option B: Termination for Convenience
  • Either party may terminate this Agreement for convenience upon [Number] days written notice.
• Upon termination, all outstanding balances shall be settled.
• The Service Provider shall transfer all relevant records, keys, or access codes to the Client.

18. Dispute Resolution

• The parties shall attempt to resolve any disputes through negotiation.
• If negotiation fails, the parties shall submit to mediation.
• If mediation fails, the parties may pursue arbitration or litigation in Colorado courts.
• The venue for any litigation shall be [County], Colorado.

19. Force Majeure

• Neither party shall be liable for delays or failures to perform due to force majeure events, including weather events relevant to Colorado.
• The affected party shall provide written notice of the force majeure event within [Number] days.

20. Non-Solicitation

• During the term of this Agreement and for a period of [Number] months thereafter, the Client shall not solicit or hire any employees of the Service Provider.

21. Compliance Statement

• The Service Provider shall comply with all applicable Colorado statutes, regulations, and industry licensing or permitting requirements, including but not limited to the Colorado Consumer Protection Act and applicable Department of Labor rules.

22. Miscellaneous

• This Agreement constitutes the entire agreement between the parties.
• Any amendments to this Agreement must be in writing and signed by both parties.
• If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
• Electronic signatures shall be valid and enforceable under Colorado's Uniform Electronic Transactions Act.

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

[Service Provider Name]

By: [Name]

Title: [Title]

[Client Name]

By: [Name]

Title: [Title]

Exhibit A: Service Locations

[List of Service Locations]

Exhibit B: Preventative Maintenance Tasks

[Detailed Description of Preventative Maintenance Tasks]

Exhibit C: Rates for Excluded Services/Per-Call Basis

[Detailed Breakdown of Rates for Excluded Services or Per-Call Services]