Louisiana maintenance service contract template

Louisiana Maintenance Service Contract

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

[Service Provider Legal Name], a [State] [Entity Type, e.g., corporation] with its principal place of business at [Service Provider Address], and registered with the Louisiana Secretary of State with registration number [Registration Number] (hereinafter referred to as “Service Provider”), and

[Client Legal Name], a [State] [Entity Type, e.g., corporation] with its principal place of business at [Client Address], and registered with the Louisiana Secretary of State with registration number [Registration Number] (hereinafter referred to as “Client”).

1. Description of Property/Equipment

This Agreement covers the maintenance of the following property/equipment (the “Equipment”) located at [Property Address]:

• Option A: The entire premises located at [Property Address].
• Option B: The specific Equipment listed in Exhibit A, including serial numbers or asset tags. Exhibit A constitutes a full inventory of covered items.

2. Scope of Services

Service Provider agrees to provide the following maintenance services:

• Preventive Maintenance:
  • Option A: Scheduled preventive maintenance as detailed in Exhibit B.
  • Option B: Inspection, lubrication, cleaning, adjustments as per manufacturer's recommendations and industry best practices relevant to Louisiana codes.
• Corrective (Repair) Services:
  • Option A: Repair of Equipment malfunctions as reported by Client.
  • Option B: Includes all labor and parts necessary for repairs, subject to Section 8 (Parts and Materials).
• Emergency Response:
  • Option A: 24/7 emergency response service.
  • Option B: Response time within [Number] hours of notification.
• Other Services:
  • Inspections: Inspections as required by [Specify Regulatory Body, e.g., Louisiana State Fire Marshal] and described in Exhibit C.
  • System Calibrations: Calibration of Equipment as specified in Exhibit D.
  • Parts Replacement: Replacement of worn or defective parts.
  • Cleaning: Cleaning of Equipment as needed.
  • Adjustments: Adjustments to Equipment as needed.
  • Software Updates: Applicable software updates for Equipment.
  • System Reporting: Provision of maintenance logs, inspection checklists, and condition reports.

3. Service Schedule

The following service schedule will be followed:

• Frequency:
  • Option A: Weekly.
  • Option B: Monthly.
  • Option C: Quarterly.
  • Option D: Annually.
• Response Times:
  • Scheduled Services: Service Provider will arrive within [Number] hours of the scheduled time.
  • Emergency Services: Service Provider will respond within [Number] hours of notification.
• Service Windows:
  • Option A: Services will be performed during Client’s normal business hours, [Start Time] to [End Time], Monday through Friday.
  • Option B: Services will be performed at times convenient for Client, with reasonable notice.

4. Maintenance Methods and Standards

Maintenance will be performed according to:

• Option A: Manufacturer’s recommendations.
• Option B: Industry best practices relevant to Louisiana codes and standards (e.g., LAC Title 17 for life safety systems).
• Option C: Applicable local ordinances and regulations in Louisiana.

5. Deliverables

For each service visit, Service Provider will provide:

• Maintenance Logs: A detailed record of services performed.
• Inspection Checklists: Completed checklists for inspections.
• Condition Reports: Reports on the condition of the Equipment.

6. Personnel Qualifications

Service Provider's personnel will possess the following qualifications:

• Valid Louisiana Occupational Licenses: Applicable licenses for the trade (e.g., plumbing, electrical, HVAC) with the corresponding Louisiana Board certification/license numbers.
• Necessary Trade Certifications: Relevant trade certifications.
• Background Checks: Mandatory background checks for workers on site, in compliance with Louisiana statutes.
• Insurance Compliance: Evidence of compliance with Louisiana's workers' compensation and unemployment insurance requirements.

7. Insurance

Service Provider shall maintain the following insurance coverages:

• Commercial General Liability: With minimum limits of [Dollar Amount] per occurrence. Client shall be named as an additional insured.
• Workers’ Compensation: As required by Louisiana Revised Statutes Title 23.
• Automobile Liability: If vehicles are used, with minimum limits of [Dollar Amount] per occurrence.
• Professional Liability/Errors & Omissions: If applicable, with minimum limits of [Dollar Amount] per occurrence.

8. Fees and Payment

Client shall pay Service Provider as follows:

• Type of Fee:
  • Option A: Fixed amount of [Dollar Amount] per [Time Period, e.g., month].
  • Option B: Hourly rate of [Dollar Amount] per hour.
  • Option C: Per-event charge as detailed in Exhibit E.
• Payment Intervals:
  • Option A: Monthly.
  • Option B: Upon completion of service.
• After-Hours/Emergency Callouts: [Dollar Amount] per hour surcharge.
• Overtime/Holiday Surcharges: As per Louisiana labor laws.
• Fee Adjustments: Fees may be adjusted annually based on the CPI, with [Number] days' notice.
• Payment Terms: Acceptable payment methods include [Payment Methods]. Invoices are due within [Number] days of receipt. Late payment penalties/interest will be assessed per La. R.S. 9:3507. For public entities, compliance with Louisiana Public Prompt Payment Act is required.

9. Parts and Materials

• Option A: Service Provider shall supply all parts and materials.
• Option B: Client shall supply certain parts and materials as listed in Exhibit F.

Parts quality will be OEM or compatible. Advance authorization is required for major parts or capital replacements.

10. Additional Work

Any work outside the defined maintenance scope requires:

• Written Proposals: Service Provider must submit a written proposal for additional work.
• Client Approval: Client must approve the proposal in writing before work begins.
• Rate Schedules: Additional work will be billed at the rates specified in Exhibit G.

11. Site Access and Safety

• Client Responsibilities: Client shall provide access to the Equipment and prepare the work area.
• Safety Compliance: Service Provider shall comply with OSHA standards as enforced by the Louisiana Workforce Commission.
• Notice of Entry: Service Provider will provide [Number] hours' notice of entry.
• Clean-Up: Service Provider shall clean the work area upon completion of services.

12. Term and Termination

• Term: This Agreement shall commence on [Start Date] and end on [End Date].
• Renewal:
  • Option A: This Agreement shall automatically renew for successive [Time Period] terms unless either party provides [Number] days' written notice of non-renewal.
  • Option B: This Agreement will not automatically renew.
• Termination for Cause: Either party may terminate this Agreement for cause, including material breach or non-performance.
• Termination for Convenience: Either party may terminate this Agreement for convenience with [Number] days' written notice.
• Early Termination Fees: [Description of Early Termination Fees, if any].

13. Dispute Resolution

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

• Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation.
• Mediation/Arbitration:
  • Option A: If negotiation fails, the parties shall submit to mandatory mediation.
  • Option B: If negotiation fails, the parties shall submit to binding arbitration.
• Venue: The exclusive venue for any legal action shall be [Parish Name] Parish, Louisiana.
• Governing Law: This Agreement shall be governed by the laws of the State of Louisiana.

14. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to force majeure events, including natural disasters, hurricanes/flooding, contractor default, client non-payment, supply chain disruptions, or other business interruptions, with reference to applicable Louisiana law regarding frustration of purpose and impossibility.

15. Compliance with Laws

Service Provider shall comply with all relevant Louisiana statutes, codes, and regulations, including environmental and public safety standards, permitting requirements, and applicable building codes. For publicly funded projects, conformity with the Louisiana Public Bid Law is required.

16. Indemnification and Limitation of Liability

Service Provider shall indemnify Client against property damage, bodily injury, or environmental harm caused by Service Provider’s negligence, but excluding indemnification for gross negligence or willful misconduct consistent with Louisiana’s “anti-indemnity” statutes (La. R.S. 9:2780 for construction/maintenance contracts, as applicable).

17. Intellectual Property

Service Provider retains ownership of intellectual property rights in documentation, maintenance reports, and any proprietary procedures or software patches developed.

18. Confidentiality

Service Provider shall maintain the confidentiality of Client’s proprietary information, sensitive business data, security systems, and site access details.

19. Representations and Warranties

Service Provider represents and warrants that:

• It has the authority to enter into this Agreement.
• It complies with all applicable licenses and permits.
• All services will be performed to the standards set forth in applicable codes or manufacturer guidelines.

20. No Waiver and Severability

No waiver of any provision of this Agreement shall be effective unless in writing. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

21. Notices

All notices shall be in writing and delivered by [Delivery Method] to the following addresses:

• Service Provider: [Service Provider Address]
• Client: [Client Address]

22. Exhibits

The following exhibits are attached to and incorporated into this Agreement:

• Exhibit A: Description of Property/Equipment.
• Exhibit B: Preventive Maintenance Schedule.
• Exhibit C: Inspection Requirements.
• Exhibit D: System Calibration Schedule.
• Exhibit E: Per-Event Charge Schedule.
• Exhibit F: Parts and Materials Supplied by Client.
• Exhibit G: Rate Schedule for Additional Work.

23. Local Municipal Requirements and Disclaimers

Service Provider shall comply with all applicable local municipal requirements and licenses, including but not limited to [Specify City/Parish requirements, e.g., City of New Orleans Occupational License]. Service Provider is not responsible for damages caused by pre-existing conditions, unauthorized client modifications, or third-party work.

24. Client’s Duty to Report and Limit of Obligations

Client shall promptly report any problems with the Equipment. Service Provider's obligations are limited to corrective action for issues reported within [Number] days of occurrence.

25. Anti-Discrimination

Service Provider shall comply with all applicable anti-discrimination and equal opportunity laws.

26. Independent Contractor Status

This Agreement does not create an employer-employee relationship. Service Provider is an independent contractor.

27. Industry-Specific Standards

Service Provider shall comply with all relevant industry-specific standards, such as [Specify, e.g., Louisiana Department of Health regulations for food service or health facility maintenance].

28. Subcontracting

Service Provider may subcontract services with Client’s prior written approval. Subcontractors must hold all required Louisiana licenses and insurances.

29. Audit Rights

Client has the right to audit Service Provider’s service records and invoices for compliance and accurate billing.

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

[Service Provider Legal Name]

By: [Service Provider Representative Name]

Title: [Service Provider Representative Title]

[Client Legal Name]

By: [Client Representative Name]

Title: [Client Representative Title]