Kentucky maintenance service contract template

Kentucky Maintenance Service Contract

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

• [Service Provider Legal Name], a [State of Incorporation] [Entity Type, e.g., Corporation], with its principal place of business at [Service Provider Address], hereinafter referred to as "Provider," and
• [Client Legal Name], a [State of Incorporation] [Entity Type, e.g., Limited Liability Company], with its principal place of business at [Client Address], hereinafter referred to as "Client."

1. Contact Information

• Provider:
  • Legal Name: [Service Provider Legal Name]
  • Address: [Service Provider Address]
  • Phone: [Service Provider Phone Number]
  • Email: [Service Provider Email Address]
  • Contact Person: [Service Provider Contact Person Name]
• Client:
  • Legal Name: [Client Legal Name]
  • Address: [Client Address]
  • Phone: [Client Phone Number]
  • Email: [Client Email Address]
  • Contact Person: [Client Contact Person Name]

2. Description of Services

• The Provider shall provide the following maintenance services (the "Services") to the Client at the property located at [Property Address]:
  • Option A: HVAC Maintenance: [Detailed Description of HVAC Services, including covered components, e.g., filters, coils, refrigerant levels, thermostat calibration]
  • Option B: Plumbing Maintenance: [Detailed Description of Plumbing Services, including covered components, e.g., leak checks, drain cleaning, fixture repairs]
  • Option C: Electrical Maintenance: [Detailed Description of Electrical Services, including covered components, e.g., wiring inspections, outlet testing, breaker panel checks]
  • Option D: Building Maintenance: [Detailed Description of Building Maintenance Services, including covered areas and components, e.g., roof inspections, gutter cleaning, window repairs, painting]
  • Option E: Machinery Maintenance: [Detailed Description of Machinery Maintenance Services, including specific machinery types and covered components, e.g., conveyor belts, motors, pumps]

3. Service Frequency and Scheduling

• The Services shall be performed according to the following schedule:
  • Option A: Scheduled Preventive Maintenance: [Frequency of Maintenance, e.g., Monthly, Quarterly, Annually] according to the following schedule: [Detailed Schedule, e.g., First Monday of each month]. Client shall be notified [Number] days in advance.
  • Option B: On-Call/Emergency Repairs: Available [Days of the Week], [Hours of the Day]. Response time for emergency calls shall be [Response Time, e.g., within 2 hours].
  • Option C: 24/7/365 Support: Available 24 hours a day, 7 days a week, 365 days a year. Response time for emergency calls shall be [Response Time, e.g., within 1 hour].
• Procedure for scheduling or requesting service: [Detailed Procedure, e.g., Phone call to designated number, email to designated address, online portal].

4. Service Standards

• The Provider shall perform the Services in a professional and workmanlike manner, in accordance with industry best practices and all applicable Kentucky statutes and administrative regulations. Where applicable, services will be performed by state-licensed or certified personnel. [Specific Licensing or Certification Requirements, if any].
• Option A: Manufacturer's Requirements: The Services shall be performed in accordance with the manufacturer's requirements for the equipment being serviced.
• Option B: Kentucky Building Code Compliance: All work shall be performed in compliance with the Kentucky Building Code.

5. Client Responsibilities

• The Client shall:
  • Provide the Provider with access to the property and equipment necessary to perform the Services.
  • Ensure that the work area is safe and clean.
  • Provide water, power, or special equipment as reasonably required by the Provider.
  • Report defects or problems promptly to the Provider. [Specify Reporting Method]
  • Comply with all hazard notifications provided by the Provider, as required under Kentucky law.

6. Excluded Services

• The following services are specifically excluded from this Agreement: [List of Excluded Services, e.g., Replacement of major components, structural repairs, landscaping].
• Option A: Parts exceeding [Dollar Amount] in cost.
• Option B: Services required due to Client negligence or misuse.

7. Deliverables and Documentation

• The Provider shall provide the Client with the following documentation:
  • Service logs
  • Inspection reports
  • Maintenance checklists
  • Repair records
  • Proof of completion
  • [Other Specific Documentation]
• All records will be retained for a period of [Number] years in accordance with Kentucky law.

8. Parts and Materials

• Option A: Client Provided: The Client shall provide all necessary parts and materials.
• Option B: Provider Supplied: The Provider shall supply all necessary parts and materials at cost plus a markup of [Percentage].
• Option C: Provider Supplied with Fixed Pricing: The Provider shall supply all necessary parts and materials, with pricing as follows: [Pricing Table].
• Warranty on workmanship: [Warranty Period, e.g., 30 days] from the date of service.
• Warranty on supplied parts: Subject to the manufacturer's warranty.

9. Pricing and Payment Terms

• Option A: Fixed Fee: The Client shall pay the Provider a fixed fee of [Dollar Amount] per [Time Period, e.g., month, quarter, year].
• Option B: Time and Materials: The Client shall pay the Provider at the rate of [Dollar Amount] per hour, plus the cost of materials.
• Overtime or after-hour surcharges: [Dollar Amount or Percentage] per hour.
• Invoices shall be submitted [Frequency, e.g., monthly] and shall include [Required Information on Invoice, e.g., date of service, description of work performed, parts used, labor hours].
• Payment is due [Number] days from the date of invoice (Net [Number]).
• Late payment interest: Subject to Kentucky's statutory maximum usury rates, currently [Interest Rate]% per annum.
• Kentucky sales tax: [State whether or not sales tax applies to the services provided].

10. Insurance Requirements

• The Provider shall maintain the following insurance coverage:
  • General liability insurance: [Dollar Amount] per occurrence.
  • Workers' compensation insurance: As required by Kentucky statutes.
  • Vehicle insurance: [Dollar Amount] per occurrence.
  • Additional insured status: [Specify if required].

11. Regulatory Compliance

• The Provider represents that it is in compliance with all relevant Kentucky occupational licensing laws, environmental regulations, safety codes, and permits. [Specific Permits or Licenses Required, e.g., HVAC License Number].

12. Confidentiality

• The Provider shall maintain the confidentiality of any sensitive Client facility information, proprietary processes, or personal data in accordance with Kentucky privacy laws. [Specific Data Protection Measures].

13. Employee Status

• All personnel providing Services on-site are employees or subcontractors of the Provider.
• Option A: Background Checks: The Provider shall conduct background checks on all personnel, as required by the Client for the site.

14. Service Delays

• The Provider shall not be liable for service delays, disruptions, or rescheduling caused by force majeure events, Client's actions, or the Provider's inability due to circumstances beyond its reasonable control, aligning with Kentucky's force majeure contractual interpretations. [Specify Notification Procedure for Delays].

15. Problem Reporting and Remedies

• Procedure for reporting problems: [Detailed Procedure, e.g., Phone call to designated number, email to designated address].
• Response timeline for rework: [Response Time, e.g., within 24 hours].
• Limit of liability: The Provider's liability shall be limited to the amount paid by the Client for the Services. [Specify any other liability caps permissible under Kentucky law].

16. Termination

• Option A: Termination for Breach: Either party may terminate this Agreement for breach upon [Number] days written notice.
• Option B: Termination for Nonpayment or Safety Violations: The Provider may terminate this Agreement immediately for nonpayment or safety violations.
• Option C: Termination for Convenience: Either party may terminate this Agreement for convenience upon [Number] days written notice.
• Effect on fees owed: Upon termination, the Client shall pay the Provider for all Services performed up to the date of termination.

17. Indemnification

• The Provider shall indemnify the Client for bodily injury, property damage, or third-party claims arising from the Provider's negligent acts or omissions on Kentucky premises, including limits consistent with Kentucky public policy.

18. Risk of Loss

• The Provider shall bear the risk of loss for its materials and supplies. The Client shall bear the risk of loss for its property. [Specify Insurance Claim Procedures].

19. Changes in Service Scope

• Any changes in the scope of Services shall require written consent from both the Client and the Provider. [Specify Amendment Procedures in accordance with Kentucky contract modification laws].

20. Kentucky-Specific Regulations

• The Provider shall comply with all Kentucky-specific regulations affecting maintenance, including building codes, fire codes, environmental standards, and Department of Housing or Facilities Management codes where relevant.

21. Worker Classification

• The Provider shall comply with Kentucky worker classification laws to avoid misclassification of employees/subcontractors under state Department of Labor rules.

22. Non-Solicitation/Non-Hiring

• Option A: Non-Solicitation: The Client agrees not to solicit the Provider's employees during the term of this Agreement and for [Number] months thereafter.
• Option B: Non-Solicitation Waived: The parties agree that no non-solicitation provision shall apply to this agreement.

23. Dispute Resolution

• Option A: Negotiation: The parties agree to attempt to resolve any disputes through good-faith negotiation.
• Option B: Mediation/Arbitration: If negotiation fails, the parties may agree to mediation or arbitration in Kentucky.
• Governing Law and Venue: This Agreement shall be governed by the laws of the Commonwealth of Kentucky. Venue for any court proceedings shall be in [County Name] County, Kentucky.

24. Disclaimer of Consequential Damages and Limitation of Liability

• Consequential damages are disclaimed and liability is limited as enforceable under Kentucky law.

25. Government/Institutional Client Requirements

• [Specify any requirements for government or institutional clients, including Kentucky open records, anti-discrimination compliance (KRS Chapter 344), and prevailing wage if applicable].

26. Contract Review/Renewal

• This Agreement shall be reviewed [Frequency, e.g., annually]. Renewal shall be subject to renegotiation of terms and prices under Kentucky law. [Specify renewal procedures].

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

[Service Provider Legal Name]

By: [Service Provider Authorized Signature]

Name: [Service Provider Printed Name]

Title: [Service Provider Title]

[Client Legal Name]

By: [Client Authorized Signature]

Name: [Client Printed Name]

Title: [Client Title]