Free School Maintenance Agreement

I. The Parties

This School Maintenance Agreement ("Agreement") is made and entered into on [Month Day, Year] ("Effective Date") by and between [Your Company Name] hereinafter referred to as the ("School") with a primary place of business at [Your Company Address] and [Service Provider's Name] hereinafter referred to as the ("Service Provider") with a primary place of business at [Service Provider's Address] collectively referred to as the ("Parties").

WHEREAS, the School requires the maintenance of its facilities to ensure a safe and efficient operation of the school premises.

WHEREAS, the Service Provider is in the business of providing maintenance services and has the necessary qualifications, experience, and capabilities to provide such services.

WHEREAS, the Parties desire to enter into this Agreement to outline the terms and conditions under which the Service Provider will provide maintenance services to the School.

NOW THEREFORE, in consideration of the mutual covenants and promises herein, the Parties agree as follows:

II. Services to be Provided

A. Scope of Work

1. Routine Maintenance: The Service Provider agrees to perform routine maintenance on all school facilities, ensuring the cleanliness and operational functionality of classrooms, administrative buildings, and common areas.

2. Cleaning and Repairs: Maintenance services will include thorough cleaning, minor repairs, and general upkeep to maintain a safe and welcoming environment for students and staff.

3. Periodic Inspections: The Service Provider will conduct periodic inspections to identify and address potential issues before they escalate into significant problems.

4. Major Repairs Notification: Any major repairs or replacements required will be promptly reported to the School, allowing for timely decisions and actions to be taken.

5. Tools and Materials: The Service Provider shall provide and utilize its own tools and materials unless otherwise agreed upon in writing by both Parties.

B. Service Frequency

1. Weekly Maintenance: The Service Provider shall conduct regular maintenance services on a weekly basis, ensuring ongoing upkeep and immediate attention to emerging issues.

2. Emergency Services: Emergency maintenance services will be available [24/7], and the Service Provider commits to responding within [2] hours of notification by the School to address urgent matters.

3. Bi-Annual Deep Cleaning: Comprehensive deep cleaning and inspections will be conducted bi-annually to ensure thorough maintenance and identify any long-term maintenance needs.

4. Customized Schedule: The maintenance schedule can be adjusted based on specific needs and agreements between the Parties to ensure flexibility and adequacy of service.

C. Performance Standards

1. Professional Conduct: The Service Provider agrees to perform all services with the highest level of professionalism, ensuring all tasks are carried out competently and diligently.

2. Compliance with Regulations: All maintenance activities shall adhere to local, state, and federal regulations, as well as any specific standards or requirements set forth by the School.

3. Safety and Non-Disruption: The Service Provider will ensure that all maintenance tasks are performed safely and do not disrupt the normal operations and activities of the School.

4. Prompt Issue Resolution: Any issues or deficiencies identified during maintenance will be addressed promptly and effectively, ensuring minimal disruption and maintaining high standards of facility management.

III. Payment Terms

A. Payment Amount

1. Annual Cost: The total cost for the maintenance service will amount to [$50,000] annually.

2. Cost Adjustments: Any adjustments to the payment amount shall be mutually agreed upon by both Parties and documented in writing, ensuring transparency and fairness.

B. Payment Schedule

1. Monthly Installments: Payment shall be made in equal monthly installments of [$4,166.67], commencing from the start of the maintenance services as stipulated in the Agreement.

2. Invoice Submission: The Service Provider will submit invoices for each month's maintenance services by the [5th] business day of the following month, allowing the School to review and process payments promptly.

3. Late Payment Charges: Late payments will incur an interest charge of [1.5]% per month on the outstanding balance, incentivizing timely payments and covering any financial impact of delays.

4. Electronic Transfer: All payments shall be made via electronic transfer to the bank account specified by the Service Provider, ensuring secure and efficient transactions.

IV. Term and Termination

A. Effective Date

1. Agreement Commencement: This Agreement shall commence on the Effective Date and shall remain in effect for a period of [1] year unless terminated earlier in accordance with the provisions herein.

2. Initial Setup: Any preparatory work required before the commencement of the Agreement will be completed promptly, ensuring a smooth and timely start to the services.

B. Renewal

1. Automatic Renewal: This Agreement shall automatically renew for successive [one]-year terms unless either Party provides written notice of termination at least [30] days prior to the end of the current term.

2. Review and Adjustment: Prior to renewal, the terms of the Agreement may be reviewed and adjusted as necessary by mutual consent, ensuring relevance and appropriateness.

C. Termination for Cause

1. Non-Compliance: Either Party may terminate this Agreement for cause if the other Party fails to comply with any material term or condition of this Agreement, ensuring accountability.

2. Notice and Cure Period: In the event of termination for cause, the terminating Party shall provide written notice detailing the specific breaches and allow the other Party [30] days to cure such breaches.

3. Immediate Termination: If the breaches are not cured within the given period, the Agreement shall be terminated immediately, ensuring swift resolution of non-compliance issues.

4. Return of Property: Upon termination, the Service Provider shall cease all services and return any property or materials belonging to the School, ensuring proper closure.

V. Responsibilities of the Parties

A. Responsibilities of the School

1. Access to Facilities: The School will provide access to all necessary areas of the school facilities, allowing the Service Provider to perform maintenance work efficiently and without hindrance.

2. Prompt Notification: The School agrees to notify the Service Provider promptly of any urgent maintenance issues or special requests, facilitating timely and effective responses.

3. Safe Environment: The School shall ensure that all property is in good condition and free from hazards that could impede maintenance activities or pose risks to personnel.

4. Feedback and Communication: The School will provide regular feedback and maintain open communication with the Service Provider, addressing any concerns or suggesting improvements to services.

B. Responsibilities of the Service Provider

1. Timely Maintenance: The Service Provider commits to performing all maintenance activities in a timely and professional manner, adhering to the agreed-upon schedule and standards.

2. Qualified Personnel: The Service Provider shall employ only qualified personnel with the necessary skills and training to perform maintenance tasks effectively and safely.

3. Regular Updates: The Service Provider will communicate regularly with the School regarding the status of maintenance activities, ensuring transparency and proactive management.

4. Insurance Coverage: The Service Provider will maintain adequate insurance coverage for all maintenance activities performed under this Agreement, protecting both Parties from potential liabilities.

VI. Insurance and Liability

A. Insurance

1. General Liability: The Service Provider shall obtain and maintain comprehensive general liability insurance with coverage of at least [$1,000,000] per occurrence and [$2,000,000] aggregate, providing financial protection against potential risks.

2. Workers' Compensation: The Service Provider shall carry workers' compensation insurance as required by applicable law, ensuring protection for employees.

3. Certificates of Insurance: Certificates of insurance shall be provided to the School upon request, naming the School as an additional insured to cover any incidents related to the maintenance activities.

4. Additional Coverages: Any additional insurance coverages required by the School shall be mutually agreed upon and documented in writing, ensuring comprehensive protection.

B. Liability

1. Provider's Liability: The Service Provider shall be liable for any damage to the school facilities caused by its negligence or willful misconduct, ensuring accountability for actions taken.

2. School's Liability: The School shall not be liable for any injuries sustained by the Service Provider’s employees while performing maintenance services under this Agreement, ensuring the provider's responsibility for its workforce.

3. Mutual Indemnification: Both Parties agree to indemnify and hold each other harmless from any claims, damages, or expenses arising out of their respective negligent acts or omissions, ensuring mutual protection.

4. Claims Handling: Any claims arising under this Agreement shall be promptly communicated to the other Party and handled in accordance with the applicable insurance policies, ensuring efficient resolution.

VII. Confidentiality

A. Definition

1. Confidential Information: "Confidential Information" refers to any non-public information disclosed by either Party to the other Party that pertains to the business practices, operations, or proprietary knowledge of the disclosing Party.

2. Scope: This includes, but is not limited to, financial information, business plans, and operational details that are critical to the Parties' operations.

B. Obligation

1. Confidentiality Maintenance: Both Parties agree to keep all Confidential Information disclosed under this Agreement strictly confidential and not to disclose it to any third parties without the prior written consent of the disclosing Party.

2. Survival of Obligation: The obligation to maintain confidentiality shall survive the termination or expiration of this Agreement, ensuring long-term protection of sensitive information.

3. Disclosure to Employees: Confidential Information may be disclosed to employees or agents who need to know it for the performance of this Agreement and who are bound by similar confidentiality obligations, ensuring necessary operational transparency.

4. Return of Information: Upon termination of this Agreement, each Party shall return or destroy all Confidential Information belonging to the other Party, ensuring the secure handling of sensitive data.

VIII. Dispute Resolution

A. Mediation

1. Good Faith Effort: In the event of any dispute arising from or related to this Agreement, the Parties agree to make a good faith effort to resolve the dispute through mediation before resorting to litigation, promoting amicable resolutions.

2. Mediation Process: The mediation process shall be initiated by written notice from either Party and shall be conducted by a mutually agreed-upon mediator, ensuring a fair and neutral resolution process.

3. Costs and Fees: The costs and fees of mediation shall be shared equally by both Parties, promoting a cooperative approach to dispute resolution.

4. Timeline for Resolution: The Parties agree to conclude the mediation process within [30] days from the initiation of mediation, unless extended by mutual consent, ensuring timely resolution of disputes.

B. Governing Law

1. Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of [State Name], ensuring that local regulations are respected and followed.

2. Jurisdiction: Any legal proceedings arising from this Agreement shall be brought in the appropriate courts of [State Name], providing a clear legal framework for any disputes.

IX. Amendments and Modifications

A. Written Addendum

1. Modification Requirement: Any amendments or modifications to this Agreement must be in writing and signed by both Parties to be effective, ensuring that all changes are formally documented and agreed upon.

2. Approval Process: The process for approving modifications shall be collaborative and thorough, allowing both Parties to review and consent to any changes before implementation.

B. Entire Agreement

1. Comprehensive Agreement: This Agreement, including any attachments or exhibits, constitutes the entire agreement between the Parties and supersedes all prior negotiations, agreements, and understandings, whether written or oral, ensuring clarity and comprehensiveness.

2. No Oral Modifications: No oral statements or representations made by either Party will be considered valid or binding unless confirmed in writing and signed by both Parties, maintaining the integrity of the documented agreement.

3. Exhibits and Attachments: Any exhibits or attachments referenced in this Agreement are incorporated herein and made a part of this Agreement, providing additional detail and context as necessary.

X. Miscellaneous

A. Notices

1. Delivery Methods: All notices required under this Agreement shall be in writing and shall be deemed to have been duly given when received if personally delivered, or upon receipt if sent by certified mail, return receipt requested, ensuring reliable delivery.

2. Electronic Notices: Notices may also be sent electronically, provided that the sender obtains a receipt or acknowledgment of the notice from the recipient, ensuring prompt and verified communication.

3. Address Updates: Notices shall be sent to the addresses specified at the beginning of this Agreement or to such other address as either Party may specify in writing, ensuring accurate and current contact information.

4. Acknowledgment of Receipt: Each Party shall acknowledge the receipt of notices in a timely manner, confirming that important communications are received and understood.

B. Severability

1. Validity of Provisions: If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, ensuring the Agreement's overall stability.

2. Modification of Invalid Provisions: The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, preserving the original intent as closely as possible.

3. Good Faith Negotiation: Both Parties agree to negotiate in good faith to replace any invalid, illegal, or unenforceable provision with a valid and enforceable provision that achieves the intended purpose of the original provision, ensuring fairness and mutual benefit.

C. Force Majeure

1. Definition: Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by events beyond its reasonable control, including but not limited to natural disasters, war, acts of terrorism, or government actions.

2. Notification Requirement: The affected Party shall notify the other Party as soon as reasonably possible of the occurrence of a force majeure event, providing details of the event and its expected impact on performance.

3. Efforts to Mitigate: The affected Party shall use all reasonable efforts to mitigate the effects of the force majeure event and resume performance as soon as practicable, ensuring minimal disruption to the Agreement.

4. Termination Option: If a force majeure event continues for a period exceeding [60] days, either Party may terminate this Agreement by providing written notice to the other Party, ensuring an orderly conclusion if performance becomes impossible.

D. Independent Contractors

1. Relationship of Parties: The Parties acknowledge that they are independent contractors and that this Agreement does not establish any partnership, joint venture, or employment relationship between them.

2. No Authority to Bind: Neither Party shall have any authority to bind the other Party or to incur any obligations on its behalf without the other Party's prior written consent, maintaining clear boundaries of authority.

3. Responsibility for Personnel: Each Party shall be solely responsible for the supervision, direction, and compensation of its own employees and agents, ensuring clear accountability and management.

E. Headings

1. Purpose of Headings: The headings used in this Agreement are for convenience and reference purposes only and shall not affect the interpretation or construction of any provision herein.

2. No Legal Effect: Headings do not confer any rights or impose any obligations and shall not be considered in the legal interpretation of this Agreement.

XI. Signatures

IN WITNESS WHEREOF, the Parties hereto have executed this Maintenance Agreement as of the Effective Date.

School

[Authorized Representative Name]

[Your Company Name]

Date: [Month Day, Year]

Service Provider

[Authorized Representative Name]

[Service Provider's Name]

Date: [Month Day, Year]

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