Ohio maintenance service contract template

Ohio Maintenance Service Contract

This Ohio Maintenance Service Contract is made and entered into as of this [Date], by and between [Provider Legal Name], a [State] [Entity Type] with its principal place of business at [Provider Address] (hereinafter referred to as "Provider"), and [Client Legal Name], a [State] [Entity Type] with its principal place of business at [Client Address] (hereinafter referred to as "Client").

1. Service Location(s)

• Option A: The maintenance services will be performed at the following location(s): [Location 1 Address and Facility Identifier, if any], [Location 2 Address and Facility Identifier, if any].
• Option B: The maintenance services will be performed at the location specified in Schedule A, attached hereto and incorporated herein by reference.

2. Scope of Services

• Option A: Provider shall provide the following maintenance services: [Detailed Description of Services], including but not limited to routine, preventive, corrective, and emergency maintenance as described in Schedule B, attached hereto and incorporated herein by reference.
  • List of specific equipment, systems, or property to be serviced: [Make, Model, Serial Number, and Physical Location for each item].
  • Service Frequency and Schedule: [Days/Hours of Operation].
  • Response Times: [Response Times for Service Calls, Emergencies, and Repairs].
• Option B: Services Included: [List of Included Services, e.g., HVAC, Electrical, Plumbing].
• Option C: Services Excluded: [List of Excluded Services].

3. Standards and Methods of Performance

• Option A: All services shall be performed in accordance with industry standards and manufacturer recommendations, and in compliance with all applicable Ohio safety codes, including but not limited to OSHA, NFPA, Ohio Revised Code (ORC), and Ohio Administrative Code (OAC) regulations.
• Option B: Provider shall comply with all requirements of [Specific Ohio Statute or Regulation].

4. Client Obligations

• Option A: Client shall provide Provider with access to the service location(s), necessary utilities, and prior notice of any known hazards, asbestos, or restricted areas.
• Option B: Client shall approve work orders and provide scheduling information as required.
• Option C: Client shall disclose any anticipated construction activity at the service location(s).

5. Provider Obligations

• Option A: Provider shall provide qualified, properly trained, and licensed (if applicable) personnel to perform the services.
  • Provider shall provide proof of compliance with all applicable Ohio licensing requirements, including [Specify Licenses - e.g., Electrical, HVAC, Plumbing].
  • Provider shall comply with all applicable prevailing wage requirements, if the Client is a public entity.
  • Provider shall comply with applicable Ohio criminal background and drug testing legislation if working in sensitive environments.
• Option B: Provider shall ensure all personnel use appropriate personal protective equipment and adhere to all applicable Ohio health and safety regulations.

6. Service Call/Request Procedures

• Option A: Client shall submit service requests to [Designated Contact Method].
  • Escalation Matrix: [Description of Escalation Procedures].
• Option B: Provider shall maintain on-site check-in logs and provide regular reporting on work performed.

7. Waste Management and Environmental Compliance

• Option A: Provider shall manage waste disposal, hazardous materials, and recycling in accordance with all applicable Ohio EPA requirements and local ordinances.

8. Compensation

• Option A: Fixed-Price: The total contract price is [Dollar Amount].
• Option B: Time-and-Materials: Provider shall be compensated at an hourly rate of [Dollar Amount] per hour, plus the cost of materials. Parts markup will be [Percentage]%.
  • Overtime Rate: [Dollar Amount] per hour.
  • Emergency Surcharge: [Dollar Amount].
  • Travel or Parking Fees: [Description of Fees].
• Option C: Payment Terms: Net [Number] days from the date of invoice.
  • Late Fee Policy: [Description of Late Fee Policy].
  • All invoices shall include applicable Ohio sales or use taxes.
• Option D: Minimum Billing Increment: [e.g., 15 minutes, 1 hour].

9. Documentation

• Option A: Provider shall provide work tickets, service/repair reports, and maintenance logs, which must be signed off by an authorized Client representative.
• Option B: Provider shall provide or make accessible to the Client all maintenance logs and records, retained as required under Ohio law.

10. Warranty

• Option A: Provider warrants its services for a period of [Number] [Days/Months/Years] from the date of performance.
  • Terms of Remedies: [Description of Remedies].
  • Conditions for Voiding Warranty: [Description of Conditions].
• Option B: Provider shall transfer any applicable manufacturer warranties to the Client.

11. Insurance

• Option A: Provider shall maintain general liability insurance, workers’ compensation insurance as mandated by the Ohio Bureau of Workers’ Compensation, and auto liability insurance (when vehicles are used).
• Option B: Provider shall provide proof of insurance coverage to Client prior to commencing work.
• Option C: Provider shall name Client as an additional insured on its general liability policy, where applicable.

12. Subcontracting

• Option A: Provider shall remain fully responsible for the work of any subcontractors.
• Option B: Provider shall obtain prior written consent from Client before using any subcontractors.
• Option C: All subcontractors shall be appropriately licensed and insured under Ohio law.

13. Intellectual Property

• Option A: All maintenance records, manuals, or improvements generated under this contract shall be the property of [Provider/Client].
• Option B: [Specify if this section is not applicable.]

14. Confidentiality and Data Protection

• Option A: Provider shall comply with the Ohio Data Protection Act and shall safeguard all building/system passwords, schematics, or sensitive operating details.

15. Force Majeure

• Option A: Neither party shall be liable for delays due to uncontrollable events, as interpreted under Ohio law.

16. Limits of Liability and Indemnification

• Option A: Provider shall indemnify Client for property damage or injury due to Provider's negligence, subject to the limits permitted by Ohio law.
• Option B: To the extent permitted by Ohio law, neither party shall be liable for consequential damages.

17. Correction of Defective Work

• Option A: Client shall notify Provider of any defective work. Provider shall rectify such work within [Number] days.
• Option B: Client shall have the right to withhold payment, suspend services, or cure breaches, with clear timeframes in accordance with Ohio contractual notice and cure expectations.

18. Termination

• Option A: Either party may terminate this contract with [Number] days' written notice.
• Option B: Client may terminate this contract for cause (breach, non-performance, safety violations).
• Option C: Upon termination, Provider shall return all keys, passwords, and access credentials.

19. Dispute Resolution

• Option A: The parties shall attempt to resolve any disputes through good faith negotiation.
• Option B: If negotiation fails, the parties may submit to mediation.
• Option C: Venue for any legal action shall be in a court in [County Name] County, Ohio, and Ohio law shall govern.

20. Representations and Warranties

• Option A: Both parties represent and warrant that they have the authority to enter into this agreement and that they are in compliance with all applicable laws.

21. Consumer Protection Laws

• Option A: Provider shall comply with all applicable Ohio consumer protection laws and industry codes for service contracts.

22. Governing Law and Severability

• Option A: This contract shall be governed by and construed in accordance with the laws of the State of Ohio.
• Option B: If any provision of this contract is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

23. Notice

• Option A: All notices under this contract shall be in writing and shall be deemed to be duly given when delivered personally, sent by certified mail, or sent by email to the addresses listed above.

24. Attachments

• The following schedules are attached hereto and incorporated herein:
  • Schedule A: [Description of Schedule A, e.g., Service Location Details].
  • Schedule B: [Description of Schedule B, e.g., Scope of Services].

25. Contract Negotiation

• This contract is negotiable, and elements may be modified as required by the parties or to comply with updated Ohio laws.

IN WITNESS WHEREOF, the parties have executed this Ohio Maintenance Service Contract as of the date first written above.

[Provider Legal Name]

By: [Provider Name]

Title: [Provider Title]

[Client Legal Name]

By: [Client Name]

Title: [Client Title]