Illinois maintenance service contract template

Illinois Maintenance Service Contract

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

• [Service Provider Name], a [Service Provider Entity Type, e.g., Corporation, LLC] with its principal place of business at [Service Provider Address], hereinafter referred to as "Provider,"
  • Contact Phone: [Service Provider Phone]
  • Contact Email: [Service Provider Email]

and

• [Client Name], a [Client Entity Type, e.g., Corporation, LLC] with its principal place of business at [Client Address], hereinafter referred to as "Client."
  • Contact Phone: [Client Phone]
  • Contact Email: [Client Email]

1. Scope of Services

The Provider shall provide the following maintenance services (the "Services") to the Client:

• Option A: [Detailed Description of Services, e.g., HVAC maintenance, plumbing services, electrical repairs], including but not limited to:
  • [Specific task 1, e.g., Filter replacement]
  • [Specific task 2, e.g., System inspection]
• Option B: General Building Systems Maintenance
  • Preventative Maintenance: [Frequency, e.g., Monthly] inspections of [System components].
  • Reactive Maintenance: Response to service requests within [Response Time, e.g., 24 hours].
• Option C: Specialized Equipment Maintenance: Maintenance of [Equipment Type], including calibration, repair, and replacement of parts.
  • Service Level Agreement: [Uptime percentage or specific service level metrics]

2. Service Schedule

The Services shall be performed according to the following schedule:

• Option A: Regular Maintenance: [Days of the week], between the hours of [Start Time] and [End Time].
• Option B: Response Times:
  • Urgent Requests: Within [Time Frame, e.g., 4 hours].
  • Routine Requests: Within [Time Frame, e.g., 48 hours].
  • Preventive Maintenance: Scheduled [Frequency, e.g., monthly].
• Option C: Emergency Coverage: [Specify on-call availability, e.g., 24/7/365].

3. Illinois Licensing and Certification

Provider warrants that all personnel performing the Services possess all required Illinois licenses and certifications, including but not limited to:

• Option A: Plumbing License: As required by the Illinois Plumbing Code.
• Option B: Electrical License: As required by the Chicago Electrical Code (if applicable).
• Option C: EPA Certification: For refrigerant handling (if applicable).

Provider shall provide proof of such licenses and certifications upon request.

4. Compliance with Illinois Codes and Regulations

All work performed under this Agreement shall comply with all applicable Illinois state and local codes, regulations, and industry standards, including but not limited to:

• Option A: Illinois Plumbing Code
• Option B: Chicago Electrical Code (if applicable)
• Option C: Illinois Department of Public Health requirements
• Option D: Local city/village ordinances.

5. Client Responsibilities

The Client shall:

• Option A: Provide the Provider with reasonable access to the premises to perform the Services.
• Option B: Provide necessary utilities, including electricity and water, at no cost to the Provider.
• Option C: Approve materials and equipment before installation or use.
• Option D: Cooperate with the Provider in scheduling site visits.

6. Provider Obligations

The Provider shall:

• Option A: Maintain accurate equipment logs, inspection reports, and service checklists.
• Option B: Comply with all Illinois OSHA-compliant safety procedures.
• Option C: Maintain records in accordance with Illinois labor law standards.

7. Materials and Parts

• Option A: Provider shall supply all materials, parts, and consumables necessary to perform the Services.
• Option B: Client shall supply all materials, parts, and consumables.
• Option C: Cost Mark-Up: Provider shall charge a mark-up of [Percentage]% on all materials supplied.
• Option D: Warranties: Provider warrants all parts and workmanship for a period of [Duration, e.g., one year].
• Option E: Disposal: Provider shall handle disposal and recycling in accordance with Illinois environmental laws.

8. Geographic Scope

The Services shall be provided at the following location(s) in Illinois:

• Option A: All Client-owned premises located within the State of Illinois.
• Option B: Specific Address: [Specific Address]

9. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including, but not limited to, acts of God, war, riots, fire, flood, or other disaster, in accordance with Illinois law and standards. Specific to Illinois, this includes but is not limited to snow emergencies declared by the State of Illinois.

10. Fees and Payment

The Client shall pay the Provider the following fees for the Services:

• Option A: Flat Rate: [Dollar Amount] per [Frequency, e.g., month].
• Option B: Hourly Rate: [Dollar Amount] per hour.
  • Minimum Billing: [Number] hours.
  • Overtime Rate: [Percentage] of the hourly rate for hours worked outside of regular business hours. Compliant with Illinois wage and hour law.
• Option C: Mileage/Travel Surcharge: [Dollar Amount] per mile.
• Option D: Materials Mark-Up: As specified in Section 7.
• Option E: Rates are [Subject to change/Not subject to change] with [Number] days' notice.

11. Payment Schedule

• Option A: Invoicing: Provider shall invoice the Client [Frequency, e.g., monthly].
• Option B: Payment Due: Payment is due within [Number] days of the invoice date. Compliant with the Illinois Prompt Payment Act (if applicable to the Client).
• Option C: Accepted Payment Methods: [List acceptable methods, e.g., Check, ACH, Credit Card].
• Option D: Late Charges: A late charge of [Percentage] per month shall be applied to overdue accounts.
• Option E: Illinois Sales/Use Tax: Applicable sales or use tax shall be added to all invoices as required by Illinois law.

12. Insurance

The Provider shall maintain the following insurance coverage:

• Option A: Commercial General Liability: With minimum policy limits of [Dollar Amount] per occurrence.
• Option B: Workers' Compensation: As required by the Illinois Workers' Compensation Act.
• Option C: Automobile Liability: With minimum policy limits of [Dollar Amount] per occurrence.
• Option D: Provider shall provide proof of insurance upon request, naming the Client as an additional insured, if required.

13. Indemnification

To the fullest extent permitted by Illinois law, Provider shall indemnify, defend, and hold harmless Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from Provider’s negligent acts or omissions in connection with the performance of this Agreement. This indemnification provision shall not apply to the extent such claims, losses, damages, liabilities, costs, and expenses are caused by the sole negligence of the Client, consistent with Illinois anti-indemnification statutes.

14. Service Deficiencies and Remedies

• Option A: Reporting: Client shall report any service deficiencies to the Provider within [Number] days of discovery.
• Option B: Correction: The Provider shall correct any service deficiencies within [Number] days of notification.
• Option C: Escalation: If the service deficiency is not corrected within the specified timeframe, the Client may escalate the issue to [Contact Person/Title].
• Option D: Remedies are consistent with Illinois consumer protection law.

15. Quality Assurance and Warranty

• Option A: Warranty Duration: Provider warrants the Services for a period of [Duration, e.g., 30 days].
• Option B: Warranty Scope: The warranty covers defects in workmanship.
• Option C: Warranty Exclusions: The warranty does not cover damage caused by misuse or unauthorized modifications.
• Option D: Warranty Claims: Client shall submit warranty claims in writing to the Provider within the warranty period.

16. Confidentiality and Data Protection

The Provider shall maintain the confidentiality of all Client information, including tenant, employee, and facility data, in accordance with the Illinois Personal Information Protection Act (PIPA). Provider shall implement secure communications protocols to protect such data.

17. Work Site Safety

The Provider shall comply with all applicable work site safety standards, including:

• Option A: Mandatory OSHA compliance.
• Option B: Illinois-specific site access procedures.
• Option C: Use of personal protective equipment (PPE).
• Option D: Lockout/tagout procedures.
• Option E: Communication of Material Safety Data Sheets (MSDS) to comply with Illinois Right-to-Know law.

18. Change Orders

Any changes to the Services must be documented in a written change order signed by both parties. The change order shall include pricing adjustments and impact on the timeline.

19. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through:

• Option A: Negotiation: The parties shall first attempt to resolve the dispute through good faith negotiation.
• Option B: Mediation: If negotiation fails, the parties shall submit the dispute to mediation in [County, e.g., Cook County], Illinois.
• Option C: Arbitration: If mediation fails, the parties shall submit the dispute to binding arbitration in [County, e.g., Cook County], Illinois, in accordance with the rules of the American Arbitration Association.
• Option D: Illinois law shall govern the interpretation and enforcement of this Agreement.

20. Termination

• Option A: For Cause: Either party may terminate this Agreement for cause upon written notice of [Number] days in the event of a material breach by the other party.
• Option B: For Convenience: Client may terminate this Agreement for convenience upon [Number] days' written notice to Provider.
• Option C: Mutual Agreement: This Agreement may be terminated by mutual written agreement of the parties.
• Option D: Upon termination, all outstanding payments shall be made, service transition shall be completed, and Client property returned.

21. Public Contracts (If Applicable)

(If this is a public contract, include the following; otherwise, remove)

• This Agreement is subject to the Illinois Prevailing Wage Act (if applicable).
• The Provider shall comply with all applicable minority/women-owned business (M/WBE) participation requirements.
• Provider shall provide a State Board of Elections certificate if required.

22. Subcontractors

The Provider shall obtain Client's written approval before using any subcontractors. All subcontractors must comply with Illinois contractor registration and insurance regulations.

23. Non-Discrimination

The Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, sexual orientation, gender identity, or any other basis prohibited by the Illinois Human Rights Act.

24. Service-Specific Requirements

• Option A: Lien Waiver Provisions: Provider shall provide lien waivers upon request.
• Option B: Mechanics Lien Rights: Provider acknowledges its mechanics lien rights under Illinois law.

25. Permits and Inspections

The Provider shall be responsible for securing and passing any required permits or inspections by Illinois agencies or municipal authorities, unless otherwise agreed in writing.

26. Records Retention

The Provider shall retain all maintenance logs, invoices, and inspection reports for a period of [Number] years, in accordance with Illinois taxation, employment, and potential litigation requirements.

27. Hazardous Materials

The Provider shall handle all hazardous materials, refrigerants, e-waste, or chemicals in accordance with Illinois EPA guidelines.

28. 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: Successors and Assigns: This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
• Option C: Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter hereof.

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

[Service Provider Name]

By: [Service Provider Authorized Representative Name]

Title: [Service Provider Title]

Date: [Date]

[Client Name]

By: [Client Authorized Representative Name]

Title: [Client Title]

Date: [Date]