New Mexico maintenance service contract template

New Mexico Maintenance Service Contract

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

• [Service Provider Legal Name], a [State] [Entity Type] with its principal place of business at [Service Provider Business Address] ("Service Provider"), and
• [Client Legal Name], a [State] [Entity Type] with its principal place of business at [Client Business Address] ("Client").

Service Provider's contact information is as follows: Phone: [Service Provider Phone Number]; Email: [Service Provider Email Address].
Client's contact information is as follows: Phone: [Client Phone Number]; Email: [Client Email Address].

1. Description of Property/Equipment

• Option A: The property to be maintained under this Agreement is located at [Property Address].
• Option B: The equipment to be maintained under this Agreement includes the following: [Equipment List with Make and Model]. This equipment is located at [Equipment Location].
• Option C: Other: [Describe Other Property/Equipment]

2. Scope of Services

• Option A: Preventative Maintenance
  • The Service Provider will perform preventative maintenance as detailed in [Attachment A - Preventative Maintenance Schedule].
• Option B: Corrective Maintenance
  • The Service Provider will perform corrective maintenance as needed to repair malfunctions and breakdowns.
• Option C: Emergency Repairs
  • Emergency repair services will be provided as outlined in Section 5.
• Option D: Scheduled Inspections
  • The Service Provider will conduct scheduled inspections on [Frequency] basis.
  • The inspection checklist is attached as [Attachment B - Inspection Checklist].
• Option E: Replacement of Parts
  • The Service Provider will replace parts as needed, subject to client approval for costs exceeding [Dollar Amount].
• Option F: Calibration
  • The Service Provider will calibrate equipment according to manufacturer specifications and industry standards.
• Option G: Cleaning
  • The Service Provider will perform cleaning services as follows: [Describe Cleaning Services].

3. Service Frequency and Response Time

• Option A: Service Frequency
  • Routine Maintenance: [Frequency, e.g., Monthly, Quarterly].
• Option B: Hours of Operation
  • Regular Business Hours: [Days of Week], [Start Time] to [End Time].
  • After-Hours Support: Available [Days of Week], [Start Time] to [End Time].
• Option C: Response Times
  • Routine Requests: [Number] business days.
  • Emergency Requests: [Number] hours.
  • After-Hours/Weekend/Holiday Requests: [Number] hours.
• Option D: Onsite Staffing
  • Onsite staffing: [Number] technician(s) will be stationed at the property [Days of Week], [Start Time] to [End Time].
  • Contact Protocol: All service requests should be directed to [Contact Person] at [Phone Number] or [Email Address]. Escalate to [Escalation Contact Person] at [Phone Number] or [Email Address] if no response within [Number] hours.

4. Quality Standards and Regulatory Compliance

• Option A: Quality Standards
  • All services will be performed in accordance with manufacturer specifications and industry best practices.
  • Performance benchmarks: [Describe Performance Benchmarks].
• Option B: Regulatory Compliance
  • The Service Provider will comply with all applicable New Mexico and federal regulations, including OSHA, the New Mexico Hazardous Waste Act, the New Mexico Air Quality Control Act, and all relevant building codes.
• Option C: Licensing
  • The Service Provider shall maintain all necessary licenses and certifications required by the State of New Mexico for the services provided herein, including but not limited to [List relevant licenses, e.g., electrical, plumbing, HVAC].

5. Spare Parts and Consumables

• Option A: Included Items
  • The Service Provider will provide the following spare parts and consumables as part of this Agreement: [List of Included Items].
• Option B: Client Approval
  • Client approval is required for any parts or repairs exceeding [Dollar Amount].
• Option C: Procurement Procedures
  • The Service Provider will obtain client approval prior to procuring non-stock parts.
• Option D: Use of Parts
  • The Service Provider will use only new or re-certified parts in good working condition.

6. Responsibilities

• Option A: Security
  • The Service Provider is responsible for securing all tools and equipment brought onto the property.
• Option B: Site Access
  • The Client will provide the Service Provider with access to the property during agreed-upon hours.
• Option C: Client Preparation
  • The Client will notify the Service Provider of any hazardous conditions or operational changes.
• Option D: Hazardous Materials
  • The Service Provider will dispose of all hazardous materials in accordance with New Mexico environmental regulations.

7. Warranties

• Option A: Labor Warranty
  • The Service Provider warrants its labor for a period of [Number] days following the completion of services.
• Option B: Parts Warranty
  • Replacement parts are warranted according to the manufacturer's warranty.
• Option C: Workmanship Warranty
  • The Service Provider warrants its workmanship to be free from defects for a period of [Number] days.
• Option D: Warranty Claims
  • Warranty claims must be submitted in writing within the warranty period. The Service Provider will comply with the New Mexico Unfair Practices Act in handling warranty claims.

8. Documentation and Reporting

• Option A: Maintenance Logs
  • The Service Provider will maintain detailed maintenance logs of all services performed.
• Option B: Service Reports
  • The Service Provider will provide service reports to the Client on a [Frequency] basis.
• Option C: Regulatory Inspection Records
  • The Service Provider will maintain records of all regulatory inspections.
• Option D: Signatures
  • The Client or their representative will sign off on all completed work orders.
• Option E: Retention
  • All records will be retained for a period of [Number] years, in accordance with New Mexico record retention laws.

9. Fees and Billing

• Option A: Pricing Structure
  • Fixed Price: [Dollar Amount] per [Frequency, e.g., month, quarter].
  • Time-and-Materials: [Hourly Rate] plus the cost of materials.
  • Retainer: [Dollar Amount] per [Frequency, e.g., month, quarter] plus hourly rate for work performed outside the scope of the retainer.
• Option B: Payment Schedule
  • Payment is due [Number] days from the date of invoice.
• Option C: Late Payment Penalty
  • Late payments will be subject to a penalty of [Percentage] per month, not to exceed the maximum rate allowed under New Mexico law.
• Option D: Gross Receipts Tax
  • All fees are subject to applicable New Mexico gross receipts tax.

10. Extra Work Orders and Change Requests

• Option A: Approval Process
  • All extra work orders or change requests must be approved in writing by the Client.
• Option B: Pricing
  • The pricing for extra work will be determined on a time-and-materials basis at [Hourly Rate] or a mutually agreed-upon fixed price.

11. Term and Termination

• Option A: Term
  • This Agreement shall be for a term of [Number] years, commencing on [Start Date] and ending on [End Date].
• Option B: Renewal
  • This Agreement will automatically renew for successive [Number] year terms unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
• Option C: Termination for Cause
  • Either party may terminate this Agreement for cause upon [Number] days written notice, with a [Number] day cure period.
• Option D: Termination for Convenience
  • Either party may terminate this Agreement for convenience upon [Number] days written notice.

12. Dispute Resolution

• Option A: Tiered Process
  • All disputes shall be resolved through negotiation, followed by mediation or arbitration in [City, New Mexico] per the New Mexico Uniform Arbitration Act.
• Option B: Governing Law
  • This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico.
• Option C: Venue
  • The venue for any legal action arising out of this Agreement shall be in the state or federal courts located in [County, New Mexico].

13. Confidentiality

• Option A: Nondisclosure
  • Both parties agree to maintain the confidentiality of each other's business information, facility security protocols, and technical data, compliant with New Mexico's Data Breach Notification Act.

14. Liability and Insurance

• Option A: Liability Limits
  • The Service Provider's liability shall be limited to the amount of fees paid by the Client under this Agreement.
• Option B: Insurance Requirements
  • The Service Provider shall maintain general liability insurance, workers' compensation insurance, and professional liability insurance with minimum coverage amounts of [Dollar Amount], and shall name the Client as an additional insured. Proof of current licenses and coverage must be provided.

15. Independent Contractor Status

The Service Provider is an independent contractor and is responsible for all taxes, insurance, employee compensation, and benefits, consistent with New Mexico Workers’ Compensation and Tax Regulations.

16. Force Majeure

Neither party shall be liable for delays or failures in performance due to force majeure events, including but not limited to wildfires, state emergencies declared by the Governor of New Mexico, and utility outages. Service obligations may be temporarily suspended or extended.

17. Anti-Discrimination and Fair Labor Practices

The Service Provider shall comply with all applicable anti-discrimination, fair labor practices, and immigration compliance laws, including the New Mexico Human Rights Act.

18. Safety and Training

The Service Provider shall conduct regular safety meetings and training as appropriate.

19. Audit Rights

If the Client is a public agency, the Client reserves the right to audit the Service Provider's records related to this Agreement.

20. Service Performance and Acceptance

Service performance will be monitored and reported on a [Frequency] basis. The client has [Number] days to accept or reject work. Remedies for substandard performance include re-performance or refund.

21. Client Obligations

The Client shall cooperate with the Service Provider, grant site access, maintain safe working conditions, and promptly communicate hazards or operational changes.

22. Miscellaneous

• Option A: Prevailing Language: English.
• Option B: Notices: All notices must be delivered in writing and sent via certified mail.
• Option C: Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Option D: Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.
• Option E: Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals.
• Option F: Amendment: This Agreement may be amended only by a written instrument signed by both parties.
• Option G: Assignment: This Agreement may not be assigned by either party without the written consent of the other party.

23. Intellectual Property

If the Service Provider uses proprietary maintenance processes, manuals, or software tools, the Client shall have a limited right to use such materials solely for the purpose of this Agreement.

24. Right to Withhold Services

The Service Provider reserves the right to withhold services for non-payment, in accordance with New Mexico mechanic's lien regulations, if applicable.

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

[Service Provider Legal Name]

By: [Service Provider Signature]

Name: [Service Provider Printed Name]

Title: [Service Provider Title]

[Client Legal Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]