Connecticut maintenance service contract template

Connecticut Maintenance Service Contract

This Connecticut Maintenance Service Contract (the “Agreement”) is made and entered into as of this [Date], by and between:

• [Service Provider Name], a [State] [Entity Type, e.g., LLC], with its principal place of business at [Service Provider Address], holding license number [License Number, if applicable] (hereinafter referred to as "Service Provider"), and represented by its authorized representative, [Authorized Representative Name].
• [Client Name], a [State] [Entity Type, e.g., Corporation/Individual], with its principal place of business at [Client Address] (hereinafter referred to as "Client"), and represented by its authorized representative, [Authorized Representative Name].

1. Scope of Services

• Option A: Detailed Description - The Service Provider shall provide the following maintenance services (the "Services") at the Client’s property located at [Work Location Address]: [Detailed Description of Services, including Site/Asset Identification, Specific Tasks].
• Option B: Service Categories - The Service Provider will provide maintenance services within the following categories:
  • HVAC maintenance
  • Electrical maintenance
  • Plumbing maintenance
  • Landscaping maintenance
  • Building/Facility maintenance
  • Equipment/Machinery maintenance
  • Vehicle maintenance
• Option C: Schedule and Frequency
  • Preventive maintenance: [Frequency, e.g., Monthly, Quarterly]
  • Scheduled maintenance: As agreed upon by both parties
  • On-call maintenance: Available during [Hours]
  • Emergency maintenance: Available 24/7 with a response time of [Response Time]
• Option D: Service Level Standards - The Service Provider shall adhere to the following service level standards:
  • Response time: [Time]
  • Repair timeline: [Time]
  • Performance metrics: [Metrics, e.g., Uptime, Efficiency]

2. Parts, Supplies, and Equipment

• Option A: Provider Supplied - The Service Provider shall supply all parts, supplies, and equipment necessary to perform the Services, including [List of Parts, Supplies, and Equipment].
• Option B: Client Supplied - The Client shall supply all parts, supplies, and equipment necessary to perform the Services, including [List of Parts, Supplies, and Equipment].
• Option C: Warranties - All parts, supplies, and equipment provided by the Service Provider shall be covered by the manufacturer's warranty for a period of [Duration].
• Option D: Disposal - Disposal, recycling, or hazardous materials handling shall comply with all applicable Connecticut Department of Energy and Environmental Protection (DEEP) regulations.

3. Deliverables and Reporting

• Option A: Reporting Frequency - The Service Provider shall provide the following deliverables and reports:
  • Maintenance logs: [Frequency, e.g., Weekly, Monthly]
  • Inspection checklists: [Frequency, e.g., Weekly, Monthly]
  • Service reports: After each service call
  • Annual compliance certificates: As required for regulated equipment/facilities
• Option B: Report Content - Reports will include:
  • Date and time of service
  • Description of work performed
  • Parts used
  • Technician's name
  • Client signature (if required)

4. Work Location and Access

• Option A: Access Restrictions - The Work Location is located at [Work Location Address]. Access restrictions include [List of Restrictions, e.g., Security Clearance, Limited Hours].
• Option B: Coordination - Coordination with the Client is required [Describe Coordination Requirements] for entry.
• Option C: Safety - Onsite safety protocols include [List of Safety Protocols].
• Option D: Compliance - The Service Provider shall comply with all applicable OSHA and Connecticut state health and safety compliance standards. Proof of worker certifications or licenses for specialized work will be provided upon request.

5. Service Fees and Payment

• Option A: Fee Structure - The service fee structure is:
  • Fixed price: [Amount]
  • Time and materials: Labor rate of [Hourly Rate] per hour, plus materials at cost plus a markup of [Markup Percentage]%.
  • Recurring: [Amount] per [Frequency, e.g., Month, Quarter, Year].
• Option B: Itemization - The service fee includes:
  • Labor
  • Materials
  • Emergency or after-hours rates: [Rate]
  • Connecticut sales tax: [Tax Rate], Provider’s tax registration details [Tax Registration Details].
• Option C: Payment Schedule - The payment schedule is:
  • Deposit: [Percentage]% upon signing of the Agreement
  • Milestone payments: As agreed upon by both parties
  • Periodic invoicing: [Frequency, e.g., Monthly, Quarterly]
• Option D: Payment Terms - Payment is due NET 30 upon receipt of invoice, with acceptable methods of payment including [List of Payment Methods].

6. Term and Renewal

• Option A: Initial Term - The term of this Agreement shall commence on [Start Date] and continue for a period of [Duration].
• Option B: Renewal - This Agreement shall automatically renew for successive [Duration] periods unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
• Option C: Changes - Requests for changes in scope or schedule must be submitted in writing and approved by both parties.
• Option D: Limitations - Services excluded from this Agreement include [List of Excluded Services, e.g., Structural Repairs, Upgrades].

7. Insurance

• Option A: Required Coverage - The Service Provider shall maintain the following insurance coverage in accordance with Connecticut statutes:
  • General liability: [Amount] per occurrence
  • Professional liability: [Amount] per claim
  • Workers’ compensation: As required by Connecticut law
  • Auto coverage: [Amount] if vehicles are used
• Option B: Proof of Insurance - The Service Provider shall provide a certificate of insurance to the Client upon request.

8. Licensure and Permits

• Option A: Warranties - The Service Provider warrants that it holds all necessary licenses and permits to perform the Services in Connecticut, including [List of Licenses and Permits, e.g., S-1, D-1 contractors].
• Option B: Compliance - The Service Provider shall obtain and maintain all necessary local, state, and OSHA permits required to perform the Services.

9. Risk and Liability

• Option A: Allocation of Risk - The Service Provider shall be responsible for property damage and personal injury caused by its negligence.
• Option B: Indemnification - The Service Provider shall indemnify and hold harmless the Client from any third-party claims arising from the Service Provider’s performance of the Services, subject to Connecticut’s comparative negligence rules.
• Option C: Waiver of Subrogation - [Include or exclude waiver of subrogation clause].

10. Service Level Agreements (SLAs)

• Option A: Performance Metrics - The Service Provider shall meet the following performance metrics: [List of Metrics, e.g., Uptime, Response Time].
• Option B: Remedies - Remedies or credits for missed performance metrics include [List of Remedies, e.g., Discounted Rates, Service Credits].
• Option C: Escalation - The escalation process for unresolved service failures is [Description of Escalation Process].

11. Termination

• Option A: Termination for Cause - Either party may terminate this Agreement for cause, including:
  • Non-payment
  • Unapproved subcontracting
  • Repeated incomplete work
  • Safety violations
• Option B: Termination for Convenience - Either party may terminate this Agreement for convenience with [Number] days written notice.
• Option C: Procedures - Procedures for effecting termination include:
  • Written notice
  • Cure periods [Number of Days]
  • Final payment
  • Surrender of keys/access
  • Return or destruction of client property or confidential material

12. Intellectual Property and Confidentiality

• Option A: Ownership - All intellectual property rights related to the Services shall remain with the Service Provider.
• Option B: Confidentiality - The Service Provider shall maintain the confidentiality of all Client information, including facility data and proprietary maintenance tools, in accordance with Connecticut’s Uniform Trade Secrets Act.
• Option C: Survival - Intellectual property and confidentiality obligations shall survive termination of this Agreement.

13. Record Keeping and Right to Audit

• Option A: Record Keeping - The Service Provider shall maintain records of all Services performed for a period of [Duration] in accordance with Connecticut state law.
• Option B: Right to Audit - The Client shall have the right to audit the Service Provider’s records upon reasonable notice, especially for regulated facilities.
• Option C: Compliance - The Service Provider shall comply with any applicable DPH, DEEP, or industry-specific regulatory inspections or records demands.

14. Client Obligations

• Option A: Site Preparation - The Client shall provide advance site preparation, including [List of Preparations].
• Option B: Utilities - The Client shall provide necessary utilities, including [List of Utilities].
• Option C: Access - The Client shall provide site access and notify the Service Provider of any known hazards.
• Option D: Contact Person - The Client designates [Contact Person Name] as the contact person for coordination and approvals.

15. Modification

• Option A: Written Amendment - This Agreement may be modified only by a written amendment signed by both parties, referencing Connecticut electronic records and signatures statutes if e-signature is permitted.

16. Dispute Resolution

• Option A: Process - Disputes shall be resolved through:
  • Good faith negotiation
  • Connecticut-based mediation
  • Binding arbitration or adjudication exclusively in Connecticut state courts, applying Connecticut law.

17. Consumer Protection Provisions

• Option A: Applicability - If the Client is a residential or small business owner, mandatory Connecticut consumer protection provisions apply, including right to cancel and compliance with the Connecticut Home Improvement Act or New Home Construction Contractor Act, if applicable.
• Option B: Cancellation Form - The cancellation form is attached to this Agreement.

18. Notice

• Option A: Method - Notices shall be given by:
  • Mail
  • Email
  • In-person delivery
• Option B: Addresses - Notices shall be sent to the addresses listed above.

19. Force Majeure

• Option A: Events - Neither party shall be liable for delays or failures in performance due to force majeure events, including Connecticut natural disaster risks (e.g., winter storms).
• Option B: Procedures - Procedures for service suspension or resumption shall be [Description of Procedures].

20. Prevailing Party Legal Fees

• Option A: Legal Fees - The prevailing party in any legal action shall be entitled to recover its reasonable legal fees and costs in accordance with Connecticut law.

21. Miscellaneous

• Option A: Severability - If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Option B: Entire Agreement - This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
• Option C: Waiver - No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.
• Option D: Assignment - Neither party may assign this Agreement without the prior written consent of the other party, and compliance with Connecticut anti-assignment and anti-subcontracting rules for public procurements or regulated industries.

22. Governing Law

• Option A: Compliance - This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, including all applicable state and local laws, ordinances, licensing requirements, environmental protection mandates, and industry best practices. Federal requirements apply only to the extent not preempted by Connecticut law.

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

[Service Provider Name]

By: [Authorized Representative Name]

Title: [Title]

[Client Name]

By: [Authorized Representative Name]

Title: [Title]