Iowa maintenance service contract template

Iowa Maintenance Service Contract

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

• [Maintenance Service Provider Name], a [State of Incorporation] [Business Entity Type], with its principal place of business at [Provider Address], hereinafter referred to as “Provider,” and
  • Contact Person: [Provider Contact Person Name]
  • Phone: [Provider Phone]
  • Email: [Provider Email]
• [Client Name], a [State of Incorporation] [Business Entity Type], with its principal place of business at [Client Address], hereinafter referred to as “Client.”
  • Contact Person: [Client Contact Person Name]
  • Phone: [Client Phone]
  • Email: [Client Email]

1. Scope of Services

The Provider agrees to provide the following maintenance services to the Client:

• Option A: HVAC Maintenance
  • Detailed scope of work: [Description of HVAC services, including tasks, frequency, and covered equipment]
• Option B: Electrical Maintenance
  • Detailed scope of work: [Description of Electrical services, including tasks, frequency, and covered equipment]
• Option C: Equipment Maintenance
  • Detailed scope of work: [Description of Equipment Maintenance services, including tasks, frequency, and covered equipment]
• Option D: Building Facility Maintenance
  • Detailed scope of work: [Description of Building Facility Maintenance services, including tasks, frequency, and covered equipment]
• Option E: Landscaping Maintenance
  • Detailed scope of work: [Description of Landscaping Maintenance services, including tasks, frequency, and covered areas]

2. Service Standards and Response Times

The Provider shall perform the services in a professional and workmanlike manner, consistent with Iowa industry standards.

• Option A: Hours of Availability
  • Regular Hours: [Days of week and hours]
  • Emergency Hours: [Days of week and hours]
• Option B: Response Times
  • Emergency Response Time: [Timeframe]
  • Non-Emergency Response Time: [Timeframe]
• Option C: Downtime Permitted
  • Maximum Downtime: [Timeframe]

3. Work Locations and Site Access

The services will be performed at the following location(s): [Client Facility Address(es)].

• Option A: Site Entry Protocols
  • [Description of any site entry protocols, background check requirements, or safety equipment mandates]
• Option B: Security Requirements
  • [Description of security requirements for accessing the location]

4. Licensing, Bonding, and Permits

The Provider represents and warrants that it possesses all necessary licenses, bonds, and permits required to perform the services in Iowa, including but not limited to: [List of Iowa-specific licenses, bonds, and permits, e.g., State Mechanic License, Contractor Registration].

5. Fees and Payment Terms

The Client shall pay the Provider for the services as follows:

• Option A: Fee Structure
  • Flat Rate: [Dollar Amount] per [Frequency]
  • Hourly Rate: [Dollar Amount] per hour
  • Per Visit: [Dollar Amount] per visit
• Option B: Payment Terms
  • Invoice Frequency: [Frequency]
  • Payment Due: [Number] days from invoice date
  • Acceptable Payment Methods: [List of acceptable payment methods]
• Option C: Taxes and Fees
  • [Specify whether sales tax, use tax, or any other Iowa-specific taxes and service fees are included or must be added]

6. Materials, Parts, and Supplies

The responsibility for providing materials, parts, and supplies is as follows:

• Option A: Provider Supplied
  • Provider supplies all materials, parts, and supplies.
• Option B: Client Supplied
  • Client supplies all materials, parts, and supplies.
• Option C: Shared Responsibility
  • [Specify which party is responsible for which materials, parts, and supplies]

7. Client Obligations

The Client agrees to:

• Provide reasonable access to the premises.
• Promptly report maintenance issues.
• Comply with safety recommendations.
• Timely payment.

8. Liability and Insurance

• Option A: Liability
  • [Specify which party bears liability for damages caused by maintenance work, non-performance, or delays, factoring in Iowa’s allocation of fault]
• Option B: Insurance
  • The Provider shall maintain adequate insurance as required under Iowa law, including:
    • Commercial General Liability: [Coverage Amount]
    • Property Damage: [Coverage Amount]
    • Workers’ Compensation: In compliance with Iowa Code §85
    • Auto Liability: [Coverage Amount] (if vehicles are involved)
    • The Client shall be named as an additional insured where necessary.

9. Personnel

• Option A: Employee vs. Subcontractor
  • [Specify whether the Provider will use employees or subcontractors]
• Option B: Background Checks
  • [Specify background check requirements]
• Option C: Drug Testing
  • [Specify drug testing mandates]

10. Quality Assurance

• Option A: Inspection and Acceptance
  • [Description of inspection and acceptance routines]
• Option B: Documentation
  • [Description of documentation or logging of all maintenance performed and recordkeeping requirements]
• Option C: Warranty of Workmanship
  • Warranty Duration: [Timeframe]
  • Coverage Limits: [Description of coverage limits]

11. Scheduling and Rescheduling

• Option A: Scheduling
  • [Description of procedures for scheduling services and advance notification]
• Option B: Rescheduling
  • [Description of process for rescheduling services]

12. Force Majeure

Neither party shall be liable for delays or failures in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, or governmental regulations, consistent with Iowa law.

13. Termination

• Option A: Termination for Cause
  • [Description of conditions for termination for cause]
• Option B: Termination for Convenience
  • [Description of terms for termination for convenience, including notice period]

14. Transition and Turnover

[Description of procedures for transition and turnover in the event of contract termination]

15. Confidentiality and Data Security

[Description of confidentiality and data security obligations]

16. Intellectual Property

[Description of intellectual property rights]

17. Workplace Safety

[Oblige compliance with all relevant workplace safety standards, such as OSHA and Iowa Occupational Safety and Health Act requirements]

18. Environmental Requirements

[Address environmental requirements or disposal protocols for hazardous waste or byproducts in accordance with Iowa DNR and local environmental regulation]

19. Dispute Resolution

Any disputes arising under this Agreement shall be resolved as follows:

• Prioritize good faith negotiation.
• If negotiation fails, mediation or arbitration per Iowa Uniform Arbitration Act.
• Applicable law: Iowa law.
• Venue: [County] County, Iowa.

20. Remedies

[Description of remedies for breach]

21. Amendment

This Agreement may be amended only by a written instrument signed by both parties.

22. Miscellaneous

• This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Notices: All notices shall be in writing and sent to the addresses listed above.
• Consumer Protection Compliance: [Statement of compliance with Iowa's Consumer Protection Law if a consumer client]
• Construction and Mechanic’s Lien Statutes: [Acknowledgement of Iowa’s Construction and Mechanic’s Lien Statutes where applicable]

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

[Maintenance Service Provider Name]

By: [Provider Signature]

Name: [Provider Printed Name]

Title: [Provider Title]

[Client Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]