Montana maintenance service contract template

Montana Maintenance Service Contract

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

• [Service Provider Name], a [State of Incorporation/Organization] [Entity Type] with its principal place of business at [Service Provider Address] and Montana Registration Number (if applicable) [Service Provider Registration Number] (hereinafter referred to as "Service Provider"), and
• [Client Name], a [State of Incorporation/Organization] [Entity Type] with its principal place of business at [Client Address] and Montana Registration Number (if applicable) [Client Registration Number] (hereinafter referred to as "Client").

The authorized representative for the Service Provider is [Service Provider Representative Name], and the authorized representative for the Client is [Client Representative Name].

• Scope of Maintenance Services:
• • Option A: General Maintenance. Service Provider shall provide general maintenance services for the following assets: [List of Assets]. These services shall include:
  • • Preventive maintenance: [Specify tasks and frequency]
    • Inspections: [Specify tasks and frequency]
    • Emergency Repairs: [Define response time and coverage]
  • Option B: Specialized Maintenance. Service Provider shall provide specialized maintenance services for the following assets: [List of Assets]. These services shall include:
  • • HVAC Maintenance: [Specify tasks, frequency, and Montana-specific codes to follow]
    • Landscaping Maintenance: [Specify tasks and frequency]
    • Equipment Maintenance: [Specify tasks and frequency]
  • Option C: The specific tasks to be performed by the Service Provider include but are not limited to [Specific list of maintenance tasks] including [Preventive maintenance tasks], [Inspection tasks], [Emergency repair tasks], [Scheduled service tasks], [Parts replacement tasks], [Cleaning tasks], [Calibration tasks], [Compliance testing tasks], and [Seasonal preparation tasks]. Frequencies for each task will be [Frequency of each task]. Planned downtime will be scheduled as [Planned downtime schedule]. All services will be performed in accordance with Montana-specific standards and codes.

• Service Locations:
• • Option A: The services will be performed at the following location(s): [Property Address(es) as per Montana property law].
  • Option B: On-call service will be provided within a [Number] mile radius of [Service Provider Location]. Response time will be [Response Time]. Travel outside this radius will be subject to additional charges as per Section [Reference to Fee Schedule section].
  • Option C: Off-site service is permitted and will involve the transport of assets to [Service Provider Address] for maintenance. Client will be responsible for [Client's responsibility for transport, insurance, etc.].

• Client Obligations:
• • Option A: Client shall provide Service Provider with reasonable access to the equipment, utilities (including [List of Utilities]), and site-specific safety requirements as per Montana OSHA state plans.
  • Option B: Client shall provide timely notification of malfunctions to the Service Provider via [Notification Method].
  • Option C: The Client shall be responsible for obtaining any and all permits needed at the local jurisdiction level in Montana, including but not limited to [List types of permits], to facilitate the Service Provider's performance of the maintenance services. Client will also provide access to the location, utilities, and ensure that site-specific safety requirements are met in compliance with Montana OSHA state plans.

• Service Provider Obligations:
• • Option A: Service Provider shall comply with all applicable Montana and federal health, safety, and environmental laws, including hazardous materials handling and waste disposal in accordance with Montana Department of Environmental Quality regulations.
  • Option B: Service Provider shall maintain all necessary licenses for specialty maintenance (e.g., electrical, plumbing, elevator maintenance under Montana Code Annotated). Specific licenses to be held are [List of specific licenses].
  • Option C: Service provider shall ensure all work is performed in compliance with all applicable Montana and federal health, safety, and environmental laws. Provider shall handle hazardous materials and waste disposal according to Montana Department of Environmental Quality regulations, and maintain required specialty licenses, including those for electrical, plumbing, or elevator maintenance under Montana Code Annotated.

• Service Personnel Requirements:
• • Option A: Service Provider shall conduct background checks on all personnel assigned to work at [Sensitive Locations].
  • Option B: Service Provider shall ensure all personnel have the necessary training to meet Montana industry standards for the services provided. Proof of training will be provided upon request.
  • Option C: All service personnel will adhere to a drug-free workplace policy compliant with Montana state law. Background checks will be conducted where required for sensitive or secure facilities, and personnel will possess the training necessary to meet Montana industry standards.

• Deliverables and Performance Standards:
• • Option A: Service Provider shall maintain acceptable quality levels as defined by [Manufacturer Standards] or [Regulatory Standards Adopted in Montana].
  • Option B: Service Provider shall use original or certified parts whenever possible.
  • Option C: The Service Provider shall meet acceptable quality levels that adhere to manufacturer or regulatory standards adopted in Montana for maintenance practices. Only original or certified parts will be used in maintenance and repair work. The Service Provider is also required to provide detailed service documentation and maintenance logs as mandated by Montana statute or industry best practices. Post-service inspection or acceptance criteria will be based on [Post Service Inspection or Acceptance Criteria Details].

• Safety and Risk Management:
• • Option A: Service Provider shall adhere to Montana workplace safety statutes and ensure the use of mandatory personal protective equipment (PPE).
  • Option B: Service Provider shall maintain an accident log in line with Montana Department of Labor standards and report all incidents and accidents to the Client promptly.
  • Option C: Service Provider will adhere to all Montana workplace safety statutes, ensure mandatory use of personal protective equipment (PPE), maintain an accident log as per Montana Department of Labor standards, and promptly report incidents and accidents to the Client.

• Materials and Replacement Parts:
• • Option A: Service Provider shall supply all consumables and parts, subject to Client approval for non-routine expenses exceeding [Dollar Amount].
  • Option B: All materials must meet Montana procurement standards if applicable (e.g., for government entities).
  • Option C: The service provider is responsible for supplying consumables and parts, and all materials used must meet Montana procurement standards. The service provider must obtain client approval for non-routine expenses. The service provider will adhere to Montana warranty requirements for labor and supplied parts, and is responsible for following defective part return or disposal protocols.

• Service Hours, Scheduling, and Emergency Response:
• • Option A: Standard working hours are [Start Time] to [End Time], [Days of the Week]. After-hours surcharges will apply as detailed in Section [Reference to Fee Schedule section].
  • Option B: Service Provider shall provide 24/7 emergency contact at [Emergency Contact Number].
  • Option C: The standard working hours are [Working Hours]. Emergency response is available 24/7 at [Emergency contact number]. For critical failures in sectors such as healthcare or public infrastructure, the Service Provider will comply with Montana-specific reporting obligations.

• Fee Schedule:
• • Option A: All-inclusive pricing for the services outlined above is [Dollar Amount] per [Frequency].
  • Option B: Hourly rate is [Dollar Amount] per hour. Overtime will be billed at [Overtime Rate] per hour, in compliance with Montana wage and hour law.
  • Option C: The pricing structure for the services includes [all-inclusive pricing details, hourly or flat rates, overtime terms compliant with Montana wage and hour law], as well as travel or per diem policies based on Montana state distances and rates. Late payment penalties will be assessed within state usury limits, and sales/use tax handling will follow Montana law.

• Invoicing Procedures:
• • Option A: Service Provider shall invoice Client [Frequency].
  • Option B: Invoices for hourly work shall include detailed time sheets and a description of the services performed, compliant with Montana accounting and tax rules.
  • Option C: The Service Provider will invoice [Invoicing Frequency]. Invoices will include [Documentation requirements for hourly work or reimbursable expenses] and adhere to Montana accounting and tax rules.

• Insurance and Indemnification:
• • Option A: Service Provider shall maintain general liability insurance with a minimum coverage of [Dollar Amount], workers' compensation insurance as per Montana statutes, and auto liability insurance if applicable.
  • Option B: Service Provider shall indemnify Client against claims arising from the Service Provider's maintenance activities, except those due to Client negligence.
  • Option C: Service Provider must maintain general liability insurance, worker’s compensation insurance, and auto liability insurance as per Montana statutes. Service Provider shall indemnify Client against claims arising from the Service Provider's activities, except those due to Client negligence.

• Licensing, Permitting, and Compliance:
• • Option A: Service Provider warrants that it has a valid Montana business registration and all necessary professional or trade licenses.
  • Option B: All work shall be performed in compliance with all applicable city or county ordinances, building/fire codes, and any special industry regulatory agencies.
  • Option C: The Service Provider warrants a valid Montana business registration and all professional or trade licenses mandated for the work, and that all work will be performed in compliance with city or county ordinances, building/fire codes, and relevant industry regulatory agencies.

• Confidentiality:
• • Option A: Service Provider shall keep confidential all Client data, facility access information, and trade secrets.
  • Option B: This confidentiality obligation shall survive the termination of this Agreement for a period of [Number] years, subject to limitations on enforceability under Montana law.
  • Option C: Service Provider must maintain the confidentiality of client data, facility access, and trade secrets for a specified duration, subject to Montana law and exceptions for compulsory legal disclosures.

• Term, Renewal, and Termination:
• • Option A: This Agreement shall be effective for a term of [Number] years, commencing on [Start Date] and ending on [End Date].
  • Option B: Either party may terminate this Agreement with [Number] days' written notice.
  • Option C: This Agreement will be effective for [Contract Duration]. Either party may terminate with [Notice period requirements]. Early termination triggers include breach, insolvency, or force majeure.

• Default and Remedies:
• • Option A: If Service Provider fails to perform the services as agreed, Client may withhold final payment until the services are satisfactorily completed.
  • Option B: Client shall provide Service Provider with a [Number] day cure period to remedy any default.
  • Option C: The cure period for default is [Number] days. Remedies for unperformed or deficient services include rework, price reductions, or replacement by a third party at the provider’s cost.

• Change Orders:
• • Option A: Any changes to the scope of services must be documented in a written amendment signed by both parties.
  • Option B: Any change order shall include an updated pricing and schedule adjustment.
  • Option C: All changes require a written amendment signed by both parties that includes updated pricing and schedule adjustments.

• Force Majeure:
• • Option A: Neither party shall be liable for delays or failures to perform due to force majeure events such as natural disasters, wildfires, floods, or labor strikes common to Montana.
  • Option B: The affected party shall provide prompt notice of any force majeure event and make reasonable efforts to mitigate the impact.
  • Option C: Force majeure events include natural disasters, wildfires, floods, or labor strikes common to Montana. Prompt notice and mitigation efforts are required.

• Dispute Resolution:
• • Option A: Any disputes arising under this Agreement shall be resolved through direct negotiation.
  • Option B: If negotiation fails, the parties agree to submit the dispute to arbitration in [Montana County] County, Montana, under Montana law.
  • Option C: Disputes will be resolved through direct negotiation, followed by arbitration in a Montana venue if necessary, under Montana law.

• Data Privacy, Consumer Protection, and Records Retention:
• • Option A: Service Provider shall comply with all applicable Montana data privacy and consumer protection laws.
  • Option B: Service Provider shall retain records as required by Montana law.
  • Option C: Service Provider shall comply with all applicable Montana data privacy, consumer protection, and records retention laws.

• Severability:
• • Option A: If any provision of this Agreement is held to be invalid or unenforceable under Montana law, the remaining provisions shall remain in full force and effect.
  • Option B: The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves the same economic effect.

• Assignment and Subcontracting:
• • Option A: Neither party may assign this Agreement without the prior written consent of the other party.
  • Option B: Subcontracting is permitted only with the written consent of the Client and compliance with Montana contractor registration statutes.

• Required Disclosures:
• • Option A: If this is a public contract in Montana, Service Provider shall disclose any minority or women-owned business enterprise participation certifications.
  • Option B: If applicable, Service Provider shall indicate the use of Montana-made or US-made products.

• Entire Agreement and Amendments:
• • Option A: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
  • Option B: Any amendments to this Agreement must be in writing and signed by both parties.

• Governing Law:
• • Option A: This Agreement shall be governed by and construed in accordance with the laws of the State of Montana.
  • Option B: The exclusive venue for any legal action arising out of this Agreement shall be in the state and federal courts located in [Montana County] County, Montana.

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

[Service Provider Name]

By: [Service Provider Representative Name]

Title: [Service Provider Representative Title]

[Client Name]

By: [Client Representative Name]

Title: [Client Representative Title]