New York maintenance service contract template

New York Maintenance Service Contract

Contract Title: [Contract Title]

Date: [Date]

Parties:

• Service Provider: [Service Provider Full Legal Name], located at [Service Provider Business Address]. Authorized Representative: [Service Provider Authorized Representative Name], Contact Information: [Service Provider Authorized Representative Contact Information]
• Client: [Client Full Legal Name], located at [Client Business Address]. Authorized Representative: [Client Authorized Representative Name], Contact Information: [Client Authorized Representative Contact Information]

Type of Maintenance:

• Option A: Building Maintenance
• Option B: Equipment Maintenance
• Option C: HVAC Maintenance
• Option D: Landscaping Maintenance
• Option E: Other: [Other Maintenance Type]

Description of Services:

• Detailed description of all maintenance services to be rendered: [Detailed Service Description]
• Frequency of Services: [Service Frequency]
• Routine Services: [Routine Service Description]
• Emergency Services: [Emergency Service Description and Response Time]
• Preventative Maintenance: [Preventative Maintenance Schedule and Details]
• Corrective Maintenance: [Corrective Maintenance Procedures]
• On-Call Services: [On-Call Availability and Response Procedures]
• Scope Boundaries: [Detailed Description of What is Included and Excluded]
• Relevant Maintenance Standards/Protocols (e.g., NYS Building Codes): [List of Applicable Standards/Protocols]

Covered Property/Equipment/Facilities:

• Identification: [Unique Identifiers for Each Item]
• Geographic Location: [Exact Location of Each Item]
• Service Access Requirements: [Specific Access Instructions]

Required Certifications/Permits/Licenses:

• List of required certifications, permits, and licenses as mandated by New York State and NYC local regulations: [List of Certifications, Permits, and Licenses]
• Option A: Provider responsible for maintaining all required certifications and licenses.
• Option B: Client responsible for assisting with obtaining necessary permits.

Compliance Obligations:

• Compliance with New York Labor Law, OSHA, NYC Department of Buildings, and relevant state/municipal environmental and safety regulations.
• Hazardous Materials Handling: [Procedures for Handling Hazardous Materials]
• Waste Disposal: [Waste Disposal Procedures, including Recycling]
• Prevailing Wage Requirements (if applicable): [Stipulation Regarding Prevailing Wage]

Service Schedule:

• Operating Hours: [Standard Operating Hours]
• Permitted Work Times (considering noise ordinances): [Permitted Work Times]
• After-Hours/Emergency Maintenance: [Procedures for After-Hours Service]
• Response and Completion Time Requirements (SLAs): [Specific SLAs with Timeframes]
• Escalation Procedures: [Detailed Escalation Procedures]

Client Responsibilities:

• Site Access: [Instructions for Providing Site Access]
• Utilities: [Provision of Necessary Utilities]
• Storage for Materials/Tools: [Provision of Storage Space]
• Advance Notice of Changes: [Requirement for Advance Notice of Property Changes]

Materials/Spare Parts/Equipment/Consumables:

• Responsibility for Supply: [Party Responsible for Supplying Materials]
  • Option A: Service Provider
  • Option B: Client
• Quality Standards: [Specific Quality Standards for Materials]
• Storage: [Procedures for Storing Materials]
• Warranties: [Warranty Information on Materials]
• Disposal: [Procedures for Disposing of Materials, compliant with NY regulations]

Service Report and Documentation:

• Work Orders: [Requirements for Work Orders]
• Maintenance Logs: [Requirements for Maintenance Logs]
• Completion Certificates: [Requirements for Completion Certificates]
• Incident/Accident Records: [Requirements for Incident/Accident Records]
• Frequency and Format: [Frequency and Format for Reporting]

Insurance Coverage:

• Comprehensive General Liability: [Required Coverage Amount]
• Workers’ Compensation (as per NY requirements): [Compliance with NY Workers' Compensation Law]
• Automobile Liability: [Required Coverage Amount]
• Additional Insured: Client listed as additional insured.
• Certificates of Insurance: [Requirement for Certificates of Insurance]
• Notice of Cancellation/Change: [Requirement for Notice of Cancellation]

Fees and Payment:

• Fee Structure: [Fixed, Hourly, Per-Service]
  • Option A: Fixed Fee: [Fixed Fee Amount]
  • Option B: Hourly Rate: [Hourly Rate Amount]
  • Option C: Per-Service Fee: [Fee Per Service Type]
• Payment Schedule: [Payment Schedule]
• Invoicing Process: [Invoicing Process]
• Late Payment Interest: [Late Payment Interest Rate, compliant with NY law]
• Sales Tax (if applicable): [Sales Tax Information]
• Minimum Contract Value (if applicable): [Minimum Contract Value]

Performance Standards and Quality Control:

• Referenced New York Codes/Specifications: [List of Applicable Codes/Specifications]
• Remedies for Non-Conforming Work: [Procedures for Addressing Non-Conforming Work]
• Inspection and Acceptance Process: [Inspection and Acceptance Process]
• Right to Withhold Payments: [Right to Withhold Payments for Defects]
• Timeframes for Correction: [Timeframes for Correcting Defects]

Termination:

• Termination for Cause: [Conditions for Termination for Cause]
• Termination for Convenience: [Terms for Termination for Convenience]
• Notice Periods: [Required Notice Periods, compliant with NY General Obligations Law]
• Transition Assistance: [Requirements for Transition Assistance]
• Payment Settlement: [Terms for Payment Settlement Upon Termination]

Warranty:

• Warranty Period: [Warranty Period]
• Scope (Labor and Parts): [Scope of Warranty]
• Claims Process: [Claims Process for Warranty Issues]
• Exclusions: [Exclusions to Warranty Coverage]

Limitation of Liability and Indemnification:

• Limitation of Liability: [Specific Limits on Liability]
• Indemnification Obligations: [Indemnification Clause, compliant with NY law, GOL §5-322.1]

Confidentiality:

• Confidential Information: [Definition of Confidential Information]
• Duration of Nondisclosure Obligations: [Length of Time Confidentiality Obligations Last]

Dispute Resolution:

• Negotiation and Mediation: [Procedures for Negotiation and Mediation]
• Arbitration/Litigation: [Choice of Arbitration or Litigation, Location in New York]
• Governing Law: New York law governs this contract.
• Service of Process: [Requirements for Service of Process]
• Attorney’s Fees: [Allocation of Attorney's Fees]
• Waiver of Jury Trial: [Waiver of Jury Trial (if enforceable)]

Subcontracting:

• Subcontracting Permitted: Only with prior written approval from the Client.
• Subcontractor Requirements: Proof of relevant NY licensing, insurance, and compliance.

Public Health and Safety:

• Compliance with Public Health Regulations: [Specific Regulations to be Followed]
• Background Checks: [Background Check Requirements for Staff]

Changes in Scope/Additional Work:

• Process for Approving Changes: [Procedure for Authorizing and Documenting Changes]
• Price Adjustment Mechanism: [Mechanism for Adjusting Price]

Notification of Incidents:

• Requirement to Notify Client and Authorities: [Notification Requirements]
• Cooperation with Investigations: [Requirement to Cooperate with Investigations]

Force Majeure:

• Definition of Qualifying Events: [Definition of Force Majeure Events under NY law]
• Notification Requirements: [Notification Requirements for Force Majeure]
• Obligations to Mitigate: [Obligation to Mitigate Effects of Force Majeure]

Severability:

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

Amendments and Waivers:

All amendments and waivers must be in writing and signed by authorized representatives of both parties.

Entire Agreement:

This contract constitutes the entire agreement between the parties.

Counterparts:

This contract may be executed in counterparts.

Signature Block:

• Signed:
  • ____________________________
    [Service Provider Authorized Representative Name]
  • ____________________________
    [Client Authorized Representative Name]

Electronic Signatures:

Electronic signatures are legally binding in New York.

Appendices/Schedules/Exhibits:

• Appendix A: Equipment List [Equipment List Attached]
• Appendix B: Standard Operating Procedures (SOPs) [SOPs Attached]
• Appendix C: Maintenance Schedule [Maintenance Schedule Attached]
• Appendix D: Site Rules [Site Rules Attached]

Additional Consumer Rights (if applicable): [Statement of Additional Consumer Rights Under NY General Business Law]