Mississippi maintenance service contract template

Mississippi Maintenance Service Contract

This Maintenance Service Contract (the "Agreement") is made and entered into as of this [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], hereinafter referred to as "Provider," and
• [Client Legal Name], a [State] [Entity Type, e.g., Corporation], with its principal place of business at [Client Address], hereinafter referred to as "Client."

1. Scope of Services

The Provider agrees to provide the following maintenance services at the Client's property located at [Property Address]:

• Option A: Preventive Maintenance
  • Details: Perform preventive maintenance on [List of Equipment/Systems] according to the schedule in Exhibit A. Includes [Specific Tasks]. Adherence to manufacturer recommendations and OSHA standards.
• Option B: Emergency Repair Services
  • Details: Provide emergency repair services for [List of Equipment/Systems] within [Number] hours of notification. Includes [Specific Tasks].
• Option C: Routine Inspections
  • Details: Conduct routine inspections of [List of Areas/Equipment] [Frequency, e.g., Monthly]. Provide a written report of findings.
• Option D: Janitorial Upkeep
  • Details: Perform janitorial services as detailed in Exhibit B, including [Specific Tasks], adhering to Mississippi Department of Health regulations.
• Option E: HVAC Servicing
  • Details: Service HVAC systems including [Specific Tasks] in accordance with manufacturer specifications and Mississippi building codes.
• Option F: Equipment Calibration
  • Details: Calibrate specified equipment [Equipment List] at intervals defined in Exhibit C to manufacturer standards.

2. Deliverable Standards

• Option A: Compliance Standards
  • All services will be performed in accordance with manufacturer recommendations, OSHA regulations, Mississippi Department of Health regulations, building codes, and recognized industry best practices.
• Option B: Performance Metrics
  • The Provider shall ensure that equipment operates within [Percentage]% of its original performance specifications.
• Option C: Material Standards
  • All materials and parts used will meet or exceed original equipment manufacturer (OEM) specifications, unless otherwise agreed in writing.
• Option D: Green Standards
  • Provider will use green/environmentally friendly products when available and reasonably priced, complying with Mississippi’s environmental regulations.

3. Service Schedule

• Option A: Routine Services
  • Services will be performed [Frequency, e.g., Weekly] between the hours of [Start Time] and [End Time] on [Days of the Week].
• Option B: Emergency Services
  • Response time for emergency calls shall be within [Number] hours. On-site presence will be established within [Number] hours of notification.
• Option C: After-Hours Servicing
  • After-hours servicing is available at [Rate/Details] and requires [Advance Notice].
• Option D: Holiday Schedule
  • Services will not be provided on recognized Mississippi state holidays unless otherwise agreed upon.
• Option E: Call-In Requirement
  • Clients must call into [Phone Number] for service requests.

4. Service Requests and Reporting

• Option A: Request Procedures
  • Service requests must be submitted via [Method, e.g., Email, Phone] to [Contact Information].
• Option B: Documentation
  • The Provider will document all work performed, including parts used, labor hours, and any issues encountered.
• Option C: Sign-Off Procedures
  • Client approval is required for all completed tasks. A sign-off sheet will be provided for each service.
• Option D: Reporting Frequency
  • The Provider will provide a detailed report of all services performed [Frequency, e.g., Monthly].

5. Responsibilities of Parties

• Option A: Provider Responsibilities
  • The Provider is responsible for performing the maintenance duties outlined in Section 1.
• Option B: Client Responsibilities
  • The Client is responsible for providing site access, utility provision, and notification of any facility hazards. The Client is also responsible for securing confidential areas.
• Option C: Safety Data Sheets
  • Client to provide Safety Data Sheets (SDS) for all hazardous materials on the premises.
• Option D: Utility Provisions
  • Client to provide utilities such as water and electricity for the duration of the service.

6. Materials and Supplies

• Option A: Provider-Supplied
  • The Provider will supply the following materials and parts: [List of Materials].
• Option B: Client-Supplied
  • The Client will supply the following materials and parts: [List of Materials]. Includes branded or proprietary items and manufacturer-recommended components.
• Option C: Consumables
  • Provider will supply consumable items such as rags, lubricants, and cleaning solutions unless otherwise specified.

7. Licensing and Certification

• Option A: Provider Requirements
  • The Provider shall maintain all applicable licenses and certifications required under Mississippi state law, including [Specific Licenses, e.g., Contractor Registration].
• Option B: Ongoing Compliance
  • The Provider shall promptly update licenses and certifications if regulatory standards change.
• Option C: Worker's Compensation
  • Provider must show proof of worker's compensation coverage in accordance with Mississippi law.

8. Insurance

• Option A: Required Coverage
  • The Provider shall carry and maintain appropriate Mississippi-compliant insurance, including general liability ([$ Amount]), workers’ compensation (as required by Mississippi law), and [Optional: Errors and Omissions Insurance] ([$ Amount]).
• Option B: Certificate of Insurance
  • The Provider shall provide a certificate of insurance to the Client upon execution of this Agreement and upon renewal of any policy.
• Option C: Additional Insured
  • Client shall be listed as an additional insured under Provider’s general liability policy.

9. Compliance with Regulations

• Option A: Safety Regulations
  • The Provider shall comply with all relevant Mississippi safety and environmental regulations, including hazardous waste handling and disposal laws and workplace safety expectations.
• Option B: Environmental Regulations
  • Provider to comply with Mississippi's environmental protection laws, particularly those pertaining to waste disposal and emissions.
• Option C: Lead-Based Paint
  • If applicable, Provider to adhere to Mississippi’s Lead-Based Paint Renovation, Repair and Painting Rule.

10. Fee Structure

• Option A: Flat-Rate
  • The fee for services shall be a flat rate of [$ Amount] per [Frequency, e.g., Month].
• Option B: Per-Service
  • The fee for services shall be based on a per-service rate as outlined in Exhibit D.
• Option C: Cost-Plus Materials
  • The fee for services shall be the cost of materials plus [Percentage]% markup, plus labor at [$ Amount] per hour.
• Option D: Overtime Rates
  • Overtime rates (after [Number] hours per day or on weekends) shall be [$ Amount] per hour.
• Option E: Emergency Call-Out Charge
  • Emergency call-out charge is [$ Amount].
• Option F: Rate Adjustments
  • Rates may be adjusted annually based on the Consumer Price Index (CPI) for the South Urban area, or at a rate not to exceed [Percentage]%.

11. Billing and Payment Terms

• Option A: Invoicing Interval
  • Invoices will be issued [Frequency, e.g., Monthly].
• Option B: Payment Deadline
  • Payment is due within [Number] days of the invoice date.
• Option C: Accepted Methods
  • Accepted methods of payment include [List of Payment Methods, e.g., Check, Electronic Funds Transfer].
• Option D: Late Payment Penalty
  • Late payments will be subject to a penalty of [Percentage]% per month.
• Option E: Sales Tax
  • Fees are subject to applicable Mississippi sales/use tax.

12. Change Orders/Additional Services

• Option A: Documentation
  • All change orders or requests for additional services must be documented in writing and approved by both parties.
• Option B: Pricing Methodology
  • Pricing for change orders will be determined based on the prevailing hourly rate or material costs plus markup, as specified in Section 10.
• Option C: Authorization Requirement
  • No change orders will be performed without written or digital client authorization.

13. Reporting and Record-Keeping

• Option A: Maintenance Logs
  • The Provider shall maintain detailed maintenance logs, including dates of service, tasks performed, and parts used.
• Option B: Inspection Reports
  • Inspection reports will be provided to the Client [Frequency, e.g., Monthly].
• Option C: Record Retention
  • The Provider shall retain all records for a period of [Number] years.

14. Quality Assurance/Deficiency Correction

• Option A: Workmanship Standards
  • All services will be performed in a professional and workmanlike manner.
• Option B: Remedy Period
  • If the Client is not satisfied with the services provided, the Provider shall have [Number] days to remedy the deficiency.
• Option C: Exclusions
  • The Provider is not responsible for damages arising from client misuse, unauthorized repairs, or non-covered items.

15. Service Interruptions/Delays

• Option A: Force Majeure
  • Neither party shall be liable for delays or interruptions caused by events beyond their control (force majeure), including but not limited to acts of God, natural disasters (e.g., hurricane/tornado), or government regulations.
• Option B: Notice Requirement
  • The affected party shall provide prompt notice to the other party of any such event.
• Option C: Rescheduling
  • The parties will work together to reschedule services as soon as reasonably possible.

16. Contract Term and Renewal

• Option A: Term Length
  • The term of this Agreement shall be [Number] [Months/Years], commencing on [Start Date].
• Option B: Renewal
  • This Agreement shall automatically renew for successive [Number] [Months/Years] terms unless either party provides written notice of non-renewal at least [Number] days prior to the end of the current term.
• Option C: Termination Notice
  • Either party may terminate the agreement with a written notice of [Number] days.

17. Termination

• Option A: Termination for Cause
  • Either party may terminate this Agreement for cause (material breach, non-payment, non-performance, regulatory violations) upon written notice to the other party.
• Option B: Termination Without Cause
  • Either party may terminate this Agreement without cause upon [Number] days written notice to the other party.
• Option C: Post-Termination Obligations
  • Upon termination, the Provider shall return all Client property and shall be entitled to payment for services rendered up to the date of termination.

18. Liability and Indemnification

• Option A: Indemnification
  • The Provider shall indemnify and hold harmless the Client from any third-party claims, personal injury, or property damage arising out of the Provider's negligence or willful misconduct. Subject to Mississippi’s anti-indemnity construction contract restrictions if maintenance work involves construction elements.
• Option B: Limitation of Liability
  • The Provider's liability shall be limited to the amount paid by the Client for services under this Agreement.
• Option C: Liquidated Damages
  • [If Applicable]: Liquidated damages for failure to meet specific performance standards shall be [$ Amount] per [Unit of Time].

19. Confidentiality

• Option A: Non-Disclosure
  • Both parties agree to keep confidential any commercial, operational, or client property details encountered during servicing.
• Option B: Survival
  • This obligation shall survive the termination of this Agreement, subject to carve-outs required by Mississippi public records laws.
• Option C: Restrictions
  • Provider shall not disclose any of Client’s proprietary information without written consent.

20. Non-Solicitation/Non-Competition

• Option A: Non-Solicitation
  • The Provider agrees not to solicit or hire away any of the Client's employees during the term of this Agreement and for a period of [Number] months thereafter. Subject to any restrictions or limitations imposed by Mississippi law on enforceability.
• Option B: Non-Competition
  • The Provider agrees not to compete with the Client in [Specific Geographic Area] for a period of [Number] months after termination of this Agreement.

21. Dispute Resolution

• Option A: Escalation Procedures
  • Any disputes shall first be escalated to [Position/Name] at the Client and [Position/Name] at the Provider.
• Option B: Mediation
  • If the dispute cannot be resolved through escalation, the parties agree to participate in mandatory mediation.
• Option C: Arbitration
  • If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in [County Name] County, Mississippi. The exclusive application of Mississippi law with stipulated state court jurisdiction shall apply.

22. Severability

If any provision of this Agreement is held to be invalid or unenforceable under Mississippi law, the remaining provisions shall remain in full force and effect.

23. Entire Agreement

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

24. Amendments

All amendments, waivers, or notices must be in writing and signed by both parties. References Mississippi Uniform Electronic Transactions Act for validity of digital signatures and electronic records.

25. Representations and Warranties

Both parties represent and warrant that they have the authority and capacity to enter into this Agreement and that they are not subject to any conflicting obligations, as required by Mississippi statute.

26. Permits and Approvals

The Provider shall obtain and maintain all required federal, state, and municipal permits, approvals, or notices for performing maintenance services at the site location in Mississippi.

27. Public Procurement (If Applicable)

If this Agreement is subject to Mississippi public procurement regulations, the Provider shall comply with all applicable requirements, including prevailing wage, minority business participation, and reporting requirements.

28. Customer Complaints and Consumer Rights

The Provider shall follow Mississippi-specific rules for handling customer complaints, right-to-cure repair orders (under the Mississippi Home Repair Fraud Act, where relevant), and shall disclose consumer rights pursuant to state law.

29. Subcontractors (Optional)

The Provider may use subcontractors with the Client's written approval. The Provider is responsible for ensuring that all subcontractors comply with all applicable Mississippi employment, tax, and insurance requirements.

30. Assignment

Neither party may assign or delegate its rights or obligations under this Agreement without the prior written consent of the other party, in accordance with Mississippi’s anti-assignment default rule.

31. Site Access and Inspection

The Client reserves the right to access and inspect the work performed by the Provider, with advance notice. The Provider shall comply with any Mississippi workplace visitor or security protocols.

32. Data Privacy

The use of client data, video, or audio from premises serviced shall be limited by Mississippi privacy law and contractual consent. Where services involve access to systems or IT, require compliance with the Mississippi Data Breach Notification Law and any relevant cybersecurity protocols.

33. Negotiability

All contract terms are negotiable and subject to mutual amendment as permitted by Mississippi law, reflecting local business practices of negotiation flexibility.

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]

Date: [Date]

[Client Legal Name]

By: [Client Name]

Title: [Client Title]

Date: [Date]