Minnesota maintenance service contract template

Minnesota Maintenance Service Contract

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

[Service Provider Legal Name], a [Service Provider Entity Type, e.g., Corporation, LLC] organized and existing under the laws of Minnesota, with its principal place of business at [Service Provider Address], with Minnesota Secretary of State registration number [Service Provider Registration Number], hereinafter referred to as "Service Provider",

and

[Client Legal Name], a [Client Entity Type, e.g., Corporation, Individual] with its principal place of business at [Client Address], hereinafter referred to as "Client".

Service Provider Contact Information:

• Phone: [Service Provider Phone Number]
• Email: [Service Provider Email]

Client Contact Information:

• Phone: [Client Phone Number]
• Email: [Client Email]

1. Scope of Services

• Option A: General Maintenance
  • The Service Provider shall provide general maintenance services as described in [Exhibit A: Detailed Scope of Work], attached hereto and incorporated herein, including, but not limited to, [Asset Type, e.g., HVAC, Electrical, Grounds] maintenance. This includes preventative maintenance, routine inspections, and minor repairs.
• Option B: Specific Equipment Maintenance
  • The Service Provider shall provide maintenance services specifically for the following equipment: [List Specific Equipment]. Services include [Detailed Service Description, e.g., Preventative Maintenance, Calibration, Emergency Repair].
• Option C: Property Maintenance
  • The Service Provider shall provide general grounds and property maintenance, including landscaping, snow removal (subject to Minnesota weather conditions), and exterior building repairs.

2. Service Schedule and Location

• Option A: Scheduled Maintenance
  • Maintenance services shall be performed according to the following schedule: [Service Schedule, e.g., Monthly, Quarterly]. Specific dates will be confirmed [Number] days in advance.
• Option B: On-Call Maintenance
  • The Service Provider shall be available for on-call maintenance services [Days of Week], [Hours]. Response time for emergency service requests shall be [Response Time, e.g., 2 hours].
• Option C: Combination Schedule
  • Routine maintenance will be performed [Frequency, e.g., Quarterly] and emergency services as needed with a response time of [Response Time].
• The services will be performed at the following location(s) within Minnesota: [Service Location Address(es)]. Access to the property will be provided [Access Details, e.g., Key access, Security code]. Service provider will provide [Notice days] notice before access.

3. Deliverables

• Option A: Maintenance Reports
  • The Service Provider shall provide a detailed maintenance report after each service visit, including a checklist of completed tasks, any issues identified, and recommendations for further action.
• Option B: Maintenance Logs
  • The Service Provider shall maintain a log of all maintenance activities performed, including dates, times, and descriptions of services. The log will be provided to the Client [Frequency, e.g., Monthly].
• Option C: Customized Reporting
  • The Service Provider will provide customized reports as defined in [Exhibit B: Reporting Requirements].

4. Materials and Equipment

• Option A: Client-Provided
  • The Client shall provide the following materials and equipment: [List of Materials and Equipment].
• Option B: Service Provider-Provided
  • The Service Provider shall provide all necessary consumables, spare parts, and tools. Parts will be billed at [Markup Percentage]% over cost.
• Option C: Shared Responsibility
  • The Client will provide [Client Items], and the service provider will provide [Service Provider Items].

5. Compliance

• Option A: General Compliance
  • The Service Provider shall comply with all applicable Minnesota building codes, electrical codes, plumbing codes, OSHA regulations, and state and local safety regulations.
• Option B: Specific Compliance
  • The Service Provider shall ensure compliance with [Specific Regulations, e.g., Minnesota Electrical Code, OSHA Standards for Construction].
• The Service Provider shall maintain all required licenses and certifications to perform the services. The Service Provider will provide proof of insurance coverage, including general liability, workers' compensation, and automotive insurance, as required by Minnesota law.

6. Fees and Payment

• Option A: Flat Fee
  • The Client shall pay the Service Provider a flat fee of [Dollar Amount] per [Time Period, e.g., Month, Quarter] for the services described herein.
• Option B: Time and Materials
  • The Client shall pay the Service Provider an hourly rate of [Dollar Amount] per hour plus the cost of materials. Overtime will be billed at [Overtime Rate].
• Option C: Per Visit Fee
  • The Client shall pay the Service Provider [Dollar Amount] per visit, plus the cost of materials.
• The Service Provider shall submit invoices to the Client [Billing Cycle, e.g., Monthly]. Payment is due within [Number] days of the invoice date. Sales tax will be applied as required by the Minnesota Department of Revenue. Cost-of-living adjustments will be made annually based on the [Index, e.g., CPI].

7. Acceptance and Warranty

• Option A: Standard Acceptance
  • Completed maintenance services shall be deemed accepted upon client sign-off after each service visit. The Client shall report any defects or incomplete work within [Number] days of the service date.
• Option B: Detailed Acceptance
  • Acceptance will be based on the criteria defined in [Exhibit C: Acceptance Criteria].
• The Service Provider warrants its labor and materials for a period of [Number] months from the date of service. The Service Provider shall respond to warranty claims within [Response Time]. This warranty excludes [Exclusions, e.g., misuse, normal wear and tear] and is compliant with Minnesota warranty law.

8. Responsibilities

• Client Responsibilities: The Client shall provide clear access to the property, ensure utilities are available as needed, and provide timely information updates.
• Service Provider Responsibilities: The Service Provider shall perform the services in a professional and workmanlike manner, maintain all necessary licenses and insurance, and comply with all applicable laws and regulations.
• The client is responsible for meeting minimum maintenance standards on equipment, which are defined in [Document Location].

9. Hazardous Substances

In the event of the discovery of hazardous substances, such as asbestos or mold, the Service Provider shall immediately notify the Client and comply with all applicable Minnesota environmental regulations. All remediation will be handled separately and is not included in this agreement.

10. Insurance

The Service Provider shall maintain general liability insurance with a minimum coverage of [Dollar Amount], workers' compensation insurance as required by Minnesota law, and automotive insurance, if applicable. Certificates of insurance shall be provided to the Client upon request.

11. Subcontracting

The Service Provider may subcontract certain services with the prior written consent of the Client. Subcontractors must be licensed and insured in Minnesota.

12. Confidentiality and Data Protection

The Service Provider shall maintain the confidentiality of all Client information and comply with all applicable Minnesota data privacy and breach notification laws.

13. Delays and Force Majeure

The Service Provider shall not be liable for delays caused by force majeure events, including Minnesota-specific weather emergencies or declared disasters. The Service Provider shall provide prompt notice of any such delays.

14. Termination

• Option A: Termination for Cause
  • Either party may terminate this Agreement for cause upon written notice of material breach, failure to pay, or non-performance.
• Option B: Termination for Convenience
  • The Client may terminate this Agreement for convenience upon [Number] days written notice.
• Option C: Mutual Agreement
  • This agreement can be terminated if agreed upon by both client and service provider, in writing.
• Upon termination, the Service Provider shall provide a final report and return all Client property. Early termination fees may apply as defined in [Dollar Amount].

15. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through good faith negotiation, mediation, and, if necessary, binding arbitration in [City, Minnesota] in accordance with Minnesota law.

16. Remedies and Liability Limits

The Service Provider's liability for non-performance, property damage, or bodily injury shall be limited to [Dollar Amount]. Consequential damages are excluded to the extent permitted by Minnesota law.

17. Compliance with Laws

The Service Provider shall comply with the Minnesota Human Rights Act, equal employment opportunity laws, and any applicable city or county wage ordinances.

18. Status Reporting

The Service Provider shall provide periodic status reports to the Client as agreed upon, including key performance metrics.

19. Mechanic's Lien Rights (If Applicable)

For services performed at multifamily or commercial properties, the Service Provider provides notice of its Minnesota mechanic's lien rights under Minnesota Statutes Chapter 514. The Service Provider will follow preliminary notice procedures as required by law.

20. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

21. Amendment

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

22. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. The exclusive venue for any legal action arising out of or relating to this Agreement shall be in [County Name] County, Minnesota.

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

[Service Provider Legal Name]

By: [Service Provider Name]

Title: [Service Provider Title]

[Client Legal Name]

By: [Client Name]

Title: [Client Title]