Facilities Management Contract

This Facilities Management Contract (the "Contract") is entered into between [Your Company Name], hereinafter referred to as the "Service Provider," and [Client Name], hereinafter referred to as the "Client," effective [Start Date].

1. Purpose of the Contract

The intent behind establishing this contract is to lay down a systematic structure with specific guidelines and parameters. This structure will be concentrated around the consistent, regular chore of maintaining and servicing buildings, grounds, and facilities. The objective behind such persistent upkeep is to ensure that these structures and places continuously remain in a condition that is optimal, ideal, and suitable for use.

2. Scope of Services

2.1 Description of Services

The Service Provider agrees to provide the following facilities management services:

Regular inspection, maintenance, and repair of building infrastructure including electrical, plumbing, and HVAC systems.
Grounds maintenance including landscaping, lawn care, and snow removal.
Cleaning and janitorial services for interior spaces.
Waste management and recycling services.
Security and surveillance system maintenance.
Emergency response and disaster recovery planning.

2.2 Specific Tasks and Responsibilities

The Service Provider shall be responsible for:

Scheduling and performing routine maintenance tasks as outlined in the contract.
Responding promptly to service requests and emergencies.
Providing necessary equipment and personnel to carry out services effectively.
Reporting any issues or deficiencies to the Client promptly.
Maintaining records of all maintenance activities and inspections.

2.3 Exclusions or Limitations

The following services are excluded from this Contract:

Major renovations or construction projects.
Specialized services are not explicitly stated in the Scope of Services.
Repairs or replacements due to intentional damage or neglect by the Client.

3. Term of Agreement

3.1 Duration of the Contract

The initial term of this Contract shall be three years, commencing on [Start Date], and terminating on [End Date].

3.2 Provisions for Renewal or Termination

Upon expiration, this Contract may be renewed for additional terms upon mutual agreement between the parties. Either party may terminate this Contract with 90 days written notice to the other party.

4. Service Fees and Payment Terms

4.1 Breakdown of Fees

The Service Provider shall be compensated according to the following fee structure:

Monthly fee of $5,000 for regular maintenance services.
Additional fees for any specialized services requested by the Client.

4.2 Payment Schedule

Payment shall be made monthly within 30 days of receipt of the invoice.

4.3 Late Payment Penalties

A late payment penalty of 5% shall be applied to any overdue payments.

5. Performance Standards

5.1 Quality Benchmarks

The Service Provider shall maintain a high standard of quality in all services provided, meeting or exceeding industry best practices.

5.2 Key Performance Indicators (KPIs)

Performance shall be evaluated based on KPIs including response time to service requests, completion of scheduled maintenance tasks, and client satisfaction ratings.

5.3 Procedures for Monitoring and Evaluating Performance

Regular performance reviews shall be conducted by the Client to assess compliance with service standards and KPIs.

6. Insurance and Liability

6.1 Insurance Requirements

The Service Provider shall maintain comprehensive general liability insurance with coverage of at least $1,000,000 for the duration of this Contract.

6.2 Indemnification Clause

The Service Provider agrees to indemnify and hold harmless the Client from any claims, damages, or liabilities arising from the performance of services under this Contract.

6.3 Limitation of Liability

In no event shall either party be liable for consequential, incidental, or punitive damages arising from the performance or non-performance of services under this Contract.

7. Confidentiality

7.1 Obligations to Maintain Confidentiality

Both parties agree to maintain confidentiality of any sensitive information exchanged during this Contract.

7.2 Handling of Proprietary Data

Proprietary data belonging to either party shall be handled under mutually agreed-upon protocols to ensure security and confidentiality.

8. Termination

8.1 Conditions for Termination

Either party may terminate this Contract upon:

A material breach of contract by the other party.
Insolvency or bankruptcy of either party.
Mutual agreement in writing.

8.2 Notice Period

The party intending to terminate this Contract shall provide a written notification of their intention to do so, and this notification must be given at least ninety days before the actual date of termination.

8.3 Procedures for Transition of Services

Upon termination, the Service Provider shall cooperate with the Client to ensure a smooth transition of services to an alternative provider or back to the Client.

9. Dispute Resolution

9.1 Process for Resolving Disputes

In the event of any disputes arising under this Contract, the parties agree to first attempt to resolve the matter through good faith negotiations.

9.2 Mediation, Arbitration, or Litigation Procedures

If negotiations fail, disputes shall be resolved through mediation or arbitration in accordance with the laws of [Jurisdiction].

10. Governing Law

This Contract shall be governed by and construed in accordance with the laws of [Jurisdiction].

11. Regulatory Compliance Requirements

Both parties agree to comply with all applicable laws, regulations, and industry standards governing facilities management services.

12. Miscellaneous Provisions

12.1 Assignment of Rights and Obligations

Neither party shall assign or transfer its rights or obligations under this Contract without the prior written consent of the other party.

12.2 Force Majeure Clause

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, or government actions.

12.3 Amendments to the Contract

Any amendments or modifications to this Contract shall be in writing and signed by both parties.

12.4 Entire Agreement Clause

This Contract constitutes the entire agreement between the parties to the subject matter herein and supersedes all prior or contemporaneous agreements and understandings, whether oral or written.

13. Signatures

In witness whereof, the parties hereto have executed this Contract as of the date first above written.

[Client Name]

[Date Signed]

[Your Name]

[Date Signed]