Georgia maintenance service contract template

Georgia Maintenance Service Contract

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

[Maintenance Service Provider Legal Name], a [State] [Entity Type, e.g., Corporation], with its principal place of business at [Maintenance Service Provider Business Address] (“Service Provider”), and

[Client Legal Name], a [State] [Entity Type, e.g., Corporation], with its principal place of business at [Client Business Address] (“Client”).

Contact Information:

Service Provider: [Service Provider Contact Name], [Service Provider Phone Number], [Service Provider Email Address]

Client: [Client Contact Name], [Client Phone Number], [Client Email Address]

Contract Reference Number: [Contract Reference Number]

1. Service Location(s)

The maintenance services covered by this Agreement shall be performed at the following location(s) (the “Premises”):

[Premises Address 1]

[Premises Address 2]

[Premises Address 3]

Access protocols: [Access Protocols]

Security Procedures: [Security Procedures]

Required Permits/Licenses (Georgia-Specific): [List of Georgia-specific permits or local licenses]

2. Scope of Maintenance Services

Service Provider shall provide the following maintenance services (the "Services"):

Option A: Preventative Maintenance:

[Detailed list of preventative maintenance tasks for each system/equipment covered, e.g., HVAC, plumbing, electrical, landscaping, manufacturing machinery]

Applicable Georgia Building/Safety Codes: [List of relevant Georgia codes, e.g., Georgia State Minimum Standard Codes, local fire codes, industry standards]

Option B: Corrective Maintenance:

[Detailed description of the types of corrective maintenance services to be provided]

Option C: Emergency Repair Services:

[Detailed description of the types of emergency repair services to be provided]

Systems/Equipment Covered: [List each system, equipment type, or facility area covered]

3. Work Schedule

Option A: Service Frequency:

Daily

Weekly

Monthly

Quarterly

Annually

Option B: Expected Hours of Service:

[Specific Hours]

24/7 Availability

Option C: Response Time Commitments:

Routine Work: [Response Time]

Emergency Work: [Response Time]

Escalation Procedures for Urgent Issues: [Detailed Escalation Procedures]

4. Service Standards

Option A: Performance Metrics:

[List of Measurable Performance Metrics]

Option B: Documentation Requirements:

Work Logs (with signatures)

Inspection Checklists (with signatures)

Service Reports (with signatures)

Compliance with Georgia Department of Labor/Public Health Safety Regulations (including OSHA if applicable): [Details of compliance requirements]

5. Staffing Requirements

Option A: Employee Qualifications:

[Specific qualifications required for each type of technician]

Option B: Georgia State Licenses/Certifications:

[List of required licenses and certifications, e.g., electrical, HVAC]

Option C: Background Check/E-Verify Obligations:

Background Check: [Yes/No]

E-Verify: [Yes/No]

Proof of Citizenship/Eligibility: [Requirements]

Conduct Standards: [Details]

Uniform/Identification Badge Policies: [Details]

6. Materials, Parts, and Equipment

Option A: Service Provider Supplied:

[List of Materials, Parts and Equipment Supplied by the Service Provider]

Option B: Client Supplied:

[List of Materials, Parts and Equipment Supplied by the Client]

Standards: [Specify Standards]

Warranties: [Specify Warranties]

Approved Brands/Sources: [List Approved Brands and Sources]

Storage and Handling on Client Property: [Details]

7. Fee Schedule

Option A: Fixed Fees:

Fixed Monthly Fee: [Amount]

Fixed Annual Fee: [Amount]

Option B: Hourly Rates:

Standard Hourly Rate: [Amount]

After-Hours/Emergency Hourly Rate: [Amount]

Mark-Up Rates on Materials: [Percentage]

Travel Surcharges (if allowed): [Details]

Estimates for Routine and Uncommon Repairs: [Details]

Overtime Policy: [Details]

Payment Milestones: [Details, tied to completion or periodic invoicing]

8. Invoicing and Payment Terms

Option A: Required Invoice Documentation:

Detailed Breakdown of Services

Labor Costs

Parts Costs

Allowed Payment Methods: [List of Accepted Payment Methods]

Late Payment Penalties: [Details]

Grace Periods: [Details, as permitted by Georgia law]

Inclusion of Georgia State and Local Sales/Use Taxes: [Statement of Compliance]

9. Insurance Requirements

Option A: Required Coverage:

General Liability: [Minimum Coverage Amount]

Workers’ Compensation: [Coverage Details]

Automobile Coverage: [Minimum Coverage Amount]

Certificate of Insurance Delivery Obligations: [Details]

Subcontractor Approval and Compliance Verification Procedures: [Details]

10. Intellectual Property

Ownership of Customized Maintenance Logs, Software, or Technical Solutions: [Details of Ownership Rights]

Client Rights: [Details]

Provider’s Rights to Reuse Generic Methods: [Details]

11. Confidentiality and Non-Disclosure

Terms Protecting Client’s Commercial, Operational, and Technical Information: [Details]

Referencing Georgia’s Trade Secret Act: [Reference]

Post-Termination Obligations: [Details]

Data Privacy Standards for Customer/Employee Data: [Details]

12. Environmental Protection and Waste Disposal

Compliance with Georgia Department of Natural Resources Regulations: [Details]

Especially on Hazardous Materials or Regulated Waste: [Details]

13. Health and Safety Protocols

Compliance with Georgia Department of Public Health, State OSHA programs, and facility-specific policies: [Details]

Provider’s Responsibility to Notify Client and Authorities Upon Safety Incident: [Details]

14. Reporting and Communication

Option A: Designated Points of Contact:

Client: [Client Point of Contact]

Service Provider: [Service Provider Point of Contact]

Option B: Reporting Frequency:

[Specify Reporting Frequency]

Routine Status Updates: [Details]

Protocols for Incident/Deficiency Reporting: [Details and Timeframes]

15. Customer Support

Dedicated Service Coordinators: [Details]

Georgia-Local Hotline/Contact Numbers: [Phone Number]

Escalation Processes: [Details]

On-Call/After-Hours Availability: [Details]

16. Force Majeure

Excusable Delays Due to Natural Disasters Common in Georgia (e.g., tornados, hurricanes): [Details]

Notification and Work Resumption Duties: [Details]

17. Delays and Service Interruptions

Procedures and Consequences for Delays, Service Interruptions, or Failure to Meet Service Levels: [Details]

Permitted Deductions: [Details]

Re-Performance Rights: [Details]

Termination for Cause: [Details, in line with Georgia contract law]

18. Contract Amendments

Procedures and Process for Contract Amendments or Service Scope Changes: [Details]

Requiring All Modifications to Be in Writing and Signed: [Statement]

19. Contract Termination

Option A: Termination for Convenience:

Minimum Advance Notice: [Days/Weeks]

Option B: Termination for Cause:

[List of Reasons for Termination for Cause, e.g., non-performance, safety violations, non-payment]

Option C: Termination by Mutual Agreement:

[Details]

Calculation of Early Termination Fees: [Details]

Transition Support: [Details]

Obligation Settlement: [Details]

20. Warranty Provisions

Provider’s Warranty Period for Completed Maintenance or Repairs: [Duration]

Terms for Rework or Corrections: [Details]

Exclusions (e.g., damage from client misuse, acts of God): [Details]

Lengths Aligned with Georgia Industry Norms: [Statement of Compliance]

21. Limits of Liability

Capping Provider Liability: [Amount per Incident/Annual Aggregate, as allowed under Georgia Law]

Waivers of Consequential Damages: [Statement]

Treatment of Indemnification Obligations: [Details]

22. Dispute Resolution

Escalation to Management: [Details]

Mediation: [Details]

Arbitration under Georgia law or local county courts’ jurisdiction: [Details]

Explicit Venue Selection: [Details]

23. Governing Law, Venue, and Jurisdiction

This Agreement is governed by the laws of the State of Georgia. Any dispute will be resolved within the appropriate state or county courts in [County Name, Georgia].

24. Compliance with Laws

Compliance with All Relevant Federal, State, and Local Statutes and Regulations Affecting Maintenance Services in Georgia: [Statement of Compliance]

List Examples: labor laws, anti-discrimination laws, health regulations, E-Verify, prevailing wage laws for public facilities, local ordinances: [Detailed list]

25. Non-Solicitation and Non-Hire

Restrictions on Provider’s Solicitation of Client’s Employees and Clients: [Details and Timeframes]

Within Georgia Enforceability Constraints: [Statement]

26. Record-Keeping, Inspection, and Audit Rights

Client's Rights within Georgia’s Statutory Limitations: [Details]

Minimum Retention Periods for Maintenance Logs and Related Documentation: [Details]

27. Assignment and Subcontracting

Whether Provider May Assign or Subcontract: [Details]

Approval Requirements: [Details]

Obligations for Maintaining Georgia Compliance by Assignees/Subcontractors: [Details]

28. Notification Requirements

Forms of Notice (mail, email, in-person): [Details]

Addresses for Notice: [Addresses for Both Parties]

Required Timelines: [Details, Under Georgia Law]

29. Attachments

Mandatory Disclosures, Addenda, or Exhibits: [List of Attachments]

Examples: detailed service level matrices, equipment schedules, regulatory compliance certifications, subcontractor lists, escalation matrices: [Detailed list]

30. Signature

All signature blocks designate authorized signatories per Georgia’s corporate authority statutes.

[Client Legal Name]

By: [Client Authorized Signatory Name]

Title: [Client Authorized Signatory Title]

Date: [Date]

[Maintenance Service Provider Legal Name]

By: [Service Provider Authorized Signatory Name]

Title: [Service Provider Authorized Signatory Title]

Date: [Date]

[Corporate Seal or Notary Attestation, if needed for enforceability in Georgia]