Florida maintenance service contract template

Florida Maintenance Service Contract

This Florida Maintenance Service Contract is made and entered into this [Date] by and between:

[Service Provider Legal Name], a [State of Incorporation/Formation] [Entity Type, e.g., Corporation, LLC], with its principal place of business at [Service Provider Address], hereinafter referred to as "Service Provider,"

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

and

[Client Legal Name], a [State of Incorporation/Formation] [Entity Type, e.g., Corporation, Individual], with its principal place of business at [Client Address], hereinafter referred to as "Client."

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

1. Scope of Services

• Option A: General Maintenance Services
  • The Service Provider shall provide general maintenance services as described in Exhibit A attached hereto.
• Option B: Specific Maintenance Services
  • The Service Provider shall provide the following specific maintenance services:
    • Preventative Maintenance: [Description of Preventative Maintenance Services]
    • Corrective Maintenance: [Description of Corrective Maintenance Services]
    • Emergency Maintenance: [Description of Emergency Maintenance Services]
    • Scheduled Maintenance: [Description of Scheduled Maintenance Services]
• Option C: Covered Equipment/Property
  • The services shall apply to the following equipment, systems, or property: [List of Equipment/Property, including serial numbers or asset IDs, if applicable].

2. Service Standards and Frequency

• Option A: General Standards
  • The Service Provider shall perform all services in a professional and workmanlike manner, in accordance with generally accepted industry standards.
• Option B: Specific Standards and Frequency
  • Inspections shall occur [Frequency, e.g., daily, weekly, monthly].
  • Detailed Checklists: The Service Provider shall use the checklists provided in Exhibit B.
  • Approved Materials/Parts: The Service Provider shall use only approved materials and parts as listed in Exhibit C.
  • Brand/Quality Requirements: All materials and parts shall meet the following brand/quality requirements: [Specify Requirements].
  • Regulatory Compliance: The Service Provider shall comply with all applicable Florida building codes, health and safety regulations, and environmental rules.

3. Service Hours and Access

• Option A: Standard Service Hours
  • Service hours shall be [Days of the week], from [Start Time] to [End Time].
• Option B: Extended/After-Hours Service
  • Service hours shall be 24/7 for emergency maintenance, with after-hours rates as specified in Section 5.
• Option C: Access Requirements
  • The Client shall provide the Service Provider with access to the premises as needed to perform the services.
  • Advance Notice: The Service Provider shall provide [Number] hours' advance notice for scheduled on-site visits.
  • Security Procedures: The Service Provider's personnel shall comply with the Client's security procedures, including [Specific Procedures, e.g., background checks].

4. Exclusions and Limitations

• Option A: General Exclusions
  • This contract does not cover damage resulting from acts of God, including, but not limited to, hurricanes and flooding.
• Option B: Specific Exclusions
  • The following services and damages are not covered: [List of Exclusions, e.g., damage from misuse, pre-existing conditions].
• Option C: Client Responsibilities
  • The Client is responsible for the following: [List of Responsibilities, e.g., routine daily care, reporting defects promptly].

5. Fee Structure and Payment

• Option A: Itemized Pricing
  • Preventive Maintenance: [Price] per [Frequency]
  • Emergency Call-Outs: [Hourly Rate]
  • Materials Markup: [Percentage]
  • Travel Surcharge: [Price/Mile or Fixed Fee]
  • After-Hours Surcharge: [Hourly Rate or Fixed Fee]
• Option B: Payment Terms
  • Invoices shall be issued [Frequency, e.g., monthly].
  • Payment is due within [Number] days of the invoice date.
  • Late Payment Penalty: A late payment penalty of [Percentage] per month will be assessed on overdue balances.
  • Acceptable Payment Methods: [List of Acceptable Methods, e.g., Check, Credit Card, ACH].
• Option C: Sales Tax
  • Florida state sales tax will be added to all invoices as required by law.

6. Service Level Agreement (SLA)

• Option A: Response and Resolution Times
  • Maximum Response Time for Emergency Calls: [Number] hours.
  • Maximum Resolution Time for Emergency Calls: [Number] hours.
  • Maximum Response Time for Routine Maintenance Requests: [Number] business days.
  • Maximum Resolution Time for Routine Maintenance Requests: [Number] business days.
• Option B: Escalation Procedures
  • In the event of a failure to meet the SLA, the Client shall contact: [Name] at [Phone Number] or [Email Address].
• Option C: Penalties/Credits
  • Failure to meet the specified response and resolution times will result in a credit of [Percentage] on the next invoice.

7. Service Records and Reporting

• Option A: Maintenance Logs
  • The Service Provider shall maintain detailed maintenance logs, including dates of service, work performed, and materials used.
• Option B: Completion Certificates
  • The Service Provider shall provide completion certificates for each service performed.
• Option C: Record Retention
  • The Service Provider shall retain all service records for a period of [Number] years, in accordance with Florida statutes.

8. Client Obligations

• Option A: Premises Preparation
  • The Client shall prepare the premises for maintenance services by [Specific Requirements, e.g., removing obstacles, providing adequate lighting].
• Option B: Utility Provision
  • The Client shall provide necessary utilities, including water and electricity, for the Service Provider to perform the services.
• Option C: Notification of Needs
  • The Client shall promptly notify the Service Provider of any maintenance needs or faults.

9. Ownership of Parts and Equipment

• Option A: Ownership Transfer
  • Ownership of parts and equipment supplied during maintenance shall transfer to the Client upon payment.
• Option B: Warranty
  • The Service Provider warrants parts and labor for a period of [Number] months/years, complying with Florida construction/contractor laws.

10. Subcontracting

• Option A: Approval Required
  • The Service Provider shall not subcontract any services without the Client's prior written approval.
• Option B: Licensing and Insurance
  • All subcontractors shall maintain appropriate Florida licenses (e.g., HVAC, electrical, plumbing as per the Florida Department of Business and Professional Regulation) and insurance coverage.

11. Representations and Warranties

• Option A: Licensing and Compliance
  • The Service Provider represents and warrants that it holds all required Florida state and local licenses and complies with OSHA and Florida workplace safety regulations.
• Option B: Insurance Coverage
  • The Service Provider carries adequate general liability, workers' compensation, and property damage insurance with limits per Florida business standards, and shall list the Client as an additional insured if required.

12. Force Majeure

• Option A: Florida-Specific Events
  • Neither party shall be liable for any failure to perform its obligations under this contract if such failure is caused by acts of God, including hurricanes, tropical storms, and flooding.
• Option B: Notification
  • The affected party shall promptly notify the other party of any force majeure event.

13. Term and Renewal

• Option A: Initial Term
  • The initial term of this contract shall be [Number] months/years, commencing on [Start Date].
• Option B: Renewal
  • This contract shall automatically renew for successive [Number] month/year terms unless either party provides written notice of non-renewal at least [Number] days prior to the end of the then-current term.
• Option C: Price Adjustments
  • The Service Provider may adjust the prices annually due to inflation, local wage increases, or statutory changes.

14. Termination

• Option A: Termination for Breach
  • Either party may terminate this contract for breach of any material provision, provided that the breaching party is given [Number] days' written notice to cure such breach.
• Option B: Termination for Convenience
  • Either party may terminate this contract for any reason upon [Number] days' written notice.
• Option C: Rights and Responsibilities Upon Termination
  • Upon termination, the Service Provider shall be entitled to prorated payment for services rendered up to the date of termination. All Client property shall be returned.

15. Dispute Resolution

• Option A: Negotiation
  • The parties shall first attempt to resolve any disputes through good-faith negotiation.
• Option B: Mediation/Arbitration
  • If negotiation fails, the parties agree to submit any disputes to mediation/arbitration in [City, County, Florida].
• Option C: Governing Law and Venue
  • This contract shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any action shall be in the client’s county in Florida.

16. Data Privacy

• Option A: Compliance with Florida Records Law
  • If Client or premises data is accessed, the Service Provider shall comply with Florida records law and any applicable security regulations.

17. Health Protocol Compliance

• Option A: Compliance with Guidelines
  • The Service Provider shall comply with current Florida Department of Health or CDC guidelines regarding COVID-19 or other health protocols.

18. Confidentiality

• Option A: Protection of Information
  • Both parties shall protect all proprietary, technical, and customer information encountered during the maintenance service.
• Option B: Survival
  • This duty of confidentiality shall survive termination of this contract for a period of [Number] years.

19. Property Damage and Injury Reporting

• Option A: Notification
  • The Service Provider shall promptly notify the Client and follow appropriate reporting and remediation procedures in the event of property damage, injury, or environmental spill during maintenance activities.
• Option B: Compliance
  • The Service Provider shall comply with relevant Florida reporting statutes.

20. Residential/Condominium Properties (If Applicable)

• Option A: Compliance with Chapter 718
  • If the serviced property is residential or a condominium, specific provisions are included to comply with Florida Chapter 718 Condominium Act, homeowner association requirements, and access protocols.

21. Client Remedies

• Option A: Service Deficiencies
  • In the event of service deficiencies, the Client's remedies shall include re-performance of services, price reductions, or contract termination, consistent with Florida consumer protection laws.

22. Background Checks

• Option A: Requirements
  • The Service Provider shall conduct background checks on service personnel when entering residential communities, schools, or sensitive facilities as required by Florida law.

23. Green Practices (Optional)

• Option A: Environmentally Friendly Products
  • The Service Provider shall use environmentally friendly products whenever possible, referencing Florida Department of Environmental Protection guidelines.

24. Site Inspections

• Option A: Audit Rights
  • The Client reserves the right to conduct site inspections, work audits, and review the Service Provider’s maintenance records for contract compliance under Florida open records standards.

25. Entire Agreement, Severability, Notices, Assignment, and Waiver

• Option A: Entire Agreement
  • This contract constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• Option B: Severability
  • If any provision of this contract is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Option C: Notices
  • All notices under this contract shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by email to the addresses set forth in the introductory paragraph of this contract.
• Option D: Assignment
  • Neither party may assign this contract without the prior written consent of the other party.
• Option E: Waiver
  • No waiver of any provision of this contract shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

IN WITNESS WHEREOF, the parties have executed this Florida Maintenance Service Contract as of the date first written above.

[Service Provider Legal Name]

By: [Name and Title]

[Client Legal Name]

By: [Name and Title]