Rhode Island maintenance service contract template

Rhode Island Maintenance Service Contract

This Rhode Island Maintenance Service Contract (the “Agreement”) is made and entered into as of this [Date], by and between:

[Maintenance Provider Legal Name], a [State] [Business Type] with its principal place of business at [Maintenance Provider Address], hereinafter referred to as “Provider,”

and

[Client Legal Name], a [State] [Business Type] with its principal place of business at [Client Address], hereinafter referred to as “Client.”

Provider’s Email: [Maintenance Provider Email]

Provider’s Phone: [Maintenance Provider Phone]

Client’s Email: [Client Email]

Client’s Phone: [Client Phone]

1. Scope of Services

This Agreement outlines the scope of maintenance services to be provided by Provider to Client.

• Option A: General Maintenance
  • The Provider shall perform general maintenance services for the following: [Description of Equipment, Facilities, Systems, or Properties]. This includes preventive maintenance, emergency repairs, routine inspections, and component replacement.
• Option B: Specific Maintenance
  • The Provider shall perform specific maintenance services as detailed in Exhibit A, attached hereto and incorporated by reference. This includes diagnostics and service frequency as outlined in Exhibit A.
• Option C: As-Needed Maintenance
  • The Provider shall perform maintenance services only as requested by the Client. The scope of each service will be defined in a separate work order.

2. Service Standards & Compliance

The Provider will adhere to the following service standards and comply with all applicable Rhode Island laws, regulations, and codes.

• Option A: Rhode Island Building Codes
  • The Provider will comply with the Rhode Island State Building Code, Department of Health regulations, and mechanical/electrical licensing requirements.
• Option B: Industry Best Practices
  • The Provider will adhere to industry best practices for maintenance services, including but not limited to those established by [Name of Relevant Industry Association].
• Option C: Safety Compliance
  • The Provider will comply with all applicable OSHA standards as adopted in Rhode Island and ensure the safety of its personnel and Client’s property.
• Option D: Environmental Compliance
  • The Provider will comply with all applicable Rhode Island environmental regulations.

3. Service Locations & Access

The maintenance services will be performed at the following locations:

• Option A: Specific Locations
  • [List of specific addresses]
• Option B: Client Properties
  • All properties owned or managed by Client within the State of Rhode Island.

Access to these locations will be provided as follows: [Description of Access Procedures and Requirements for Security and Supervision].

4. Term & Schedule

This Agreement shall commence on [Start Date] and shall continue until [End Date].

• Option A: Regular Service Schedule
  • The regular service schedule is: [Detailed service schedule, including days and times].
• Option B: Emergency Service
  • The Provider shall be available for emergency service calls [Days of week and times] with a maximum response time of [Number] hours.
• Option C: Seasonal Adjustments
  • The service schedule may be adjusted seasonally as follows: [Description of Seasonal Adjustments].

5. Roles & Responsibilities

The Provider is responsible for: [List of Provider Responsibilities].

The Client is responsible for: [List of Client Responsibilities, including providing materials, parts, manuals, utilities, or cooperation].

• Option A: Change Order Protocol
  • Any changes to the scope of services must be requested in writing by the Client and approved in writing by the Provider.
• Option B: Notice Requirements
  • The Client will provide [Number] days' notice for any changes to the scope of services.

6. Fees & Payment

The Client shall pay the Provider for services rendered as follows:

• Option A: Unit Pricing
  • [Detailed unit pricing schedule].
• Option B: Lump Sum
  • A lump sum of [Dollar Amount] per [Time Period].
• Option C: Recurring Charges
  • Recurring charges of [Dollar Amount] per [Time Period].

Hourly rates: [Hourly Rate]

Materials markup: [Percentage]

Travel costs: [Description of How Travel Costs are Calculated]

Call-out charges: [Call-out Charge Amount]

After-hours surcharges: [Description of After-Hours Surcharges]

• Option D: Sales/Use Tax
  • All fees are exclusive of applicable Rhode Island state or local sales/use taxes, which shall be the responsibility of the Client.

Payment terms: [Description of Payment Terms and Schedules]

Late payment interest: [Interest Rate] (subject to Rhode Island legal rate caps).

Payment method: [Payment Method Requirements]

7. Insurance

The Provider shall maintain the following insurance coverage:

• Commercial general liability: [Dollar Amount]
• Workers’ compensation: As required under Rhode Island law.
• Automobile liability: [Dollar Amount]

The Provider shall provide certificates of insurance to the Client upon request and shall notify the Client of any cancellation or material change in coverage.

8. Licensing

The Provider represents and warrants that it holds all necessary professional, business, trade, and occupational licenses required under Rhode Island law to perform the services described herein, including licenses for trades such as electrical, plumbing, HVAC, or elevator maintenance as applicable.

The Provider will provide copies of all relevant licenses to the Client upon request and will maintain such licenses in good standing throughout the term of this Agreement.

9. Health, Safety & Environmental Protection

The Provider shall comply with all applicable Rhode Island health, safety, and environmental protection regulations.

• Option A: Hazardous Waste
  • The Provider shall properly handle any hazardous waste generated during the performance of services in accordance with applicable Rhode Island regulations.
• Option B: Incident Reporting
  • The Provider shall promptly report any incidents or injuries occurring on the Client’s property to the Client and to any applicable regulatory agencies.

10. Acceptance Criteria & Inspection

The Client shall have the right to inspect the Provider’s work upon completion.

• Option A: Rework
  • If the Client determines that the work does not meet the agreed-upon standards, the Client shall notify the Provider, and the Provider shall rework the work to meet such standards.
• Option B: Withholding Acceptance
  • The Client may withhold acceptance of the work until it meets the agreed-upon standards.

11. Reporting Requirements

The Provider shall provide the Client with the following reports:

• Service logs
• Preventive maintenance summaries
• Repair history
• Documentation of replaced parts

The Provider shall provide access to maintenance records as may be required for regulatory inspection in Rhode Island.

12. Confidentiality

The Provider shall maintain the confidentiality of all proprietary information, trade secrets, and data encountered during the performance of services, in compliance with Rhode Island data protection statutes.

13. Subcontracting

• Option A: Subcontracting Allowed
  • The Provider may subcontract portions of the work, provided that the subcontractors are properly licensed and insured in Rhode Island.
• Option B: Subcontracting Not Allowed
  • The Provider shall not subcontract any portion of the work without the prior written consent of the Client.

The Provider shall be liable for the acts and omissions of its subcontractors.

14. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved as follows:

1. Amicable negotiation
2. Mediation
3. Arbitration or litigation

This Agreement shall be governed by the laws of the State of Rhode Island, with exclusive jurisdiction in Rhode Island courts.

15. Modification & Assignment

This Agreement may be modified only by a written instrument signed by both parties.

Neither party may assign this Agreement without the prior written consent of the other party.

16. Termination

This Agreement may be terminated as follows:

• Option A: Termination for Default
  • Either party may terminate this Agreement for default if the other party fails to perform its obligations under this Agreement and fails to cure such failure within [Number] days after written notice.
• Option B: Termination for Convenience
  • The Client may terminate this Agreement for convenience upon [Number] days' written notice to the Provider.
• Option C: Bankruptcy
  • This Agreement may be terminated upon the bankruptcy of either party.

17. Representations & Warranties

The Provider represents and warrants that:

• It has the authority to enter into this Agreement.
• It is qualified and able to perform the services described herein in accordance with applicable Rhode Island regulations.
• It has the legal right to operate and employ trained/certified personnel as necessary.

18. Indemnification & Liability

The Provider shall indemnify and hold harmless the Client from any and all claims, damages, losses, and expenses arising out of or relating to the Provider’s negligence, willful misconduct, or faulty services, subject to any limitations imposed by Rhode Island law.

• Option A: Limitation of Liability
  • The Provider’s liability under this Agreement shall be limited to [Dollar Amount].

The Provider shall not be liable for indirect, consequential, or special damages.

19. Recordkeeping & Audit

The Provider shall maintain detailed service and billing records and shall grant the Client access to such records upon request, in compliance with Rhode Island statutory retention requirements.

20. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, and severe weather.

21. Complaint Handling & Warranty

The Provider shall provide a warranty of workmanship for a period of [Number] [Days/Months/Years].

• Option A: Warranty Exclusions
  • The warranty shall not apply to damage caused by misuse, improper operation, or unauthorized repairs.
• Option B: Response Time
  • The Provider shall respond to warranty claims within [Number] hours.

22. Equal Opportunity

The Provider is an equal opportunity employer and shall not discriminate in hiring or service performance based on race, color, religion, sex, national origin, age, disability, or any other protected characteristic, as required by Rhode Island statutes and municipal ordinances.

23. Notice

All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth above.

24. Severability & Entire Agreement

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

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

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

[Maintenance Provider Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Client Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]