AGREEMENT FOR REPAIR AND MAINTENANCE SERVICES
This Agreement for Repair and Maintenance Services (“Agreement”) is entered into as of [Date], between Apex Maintenance Group, LLC, a Michigan Limited Liability Company (“Apex”), and [Property Management Company’s Legal Name], a [State of Organization] [Entity Type] ("Company").
1. Scope of Service: Apex will provide or facilitate common repair and maintenance services to Company and its tenants, holdings, or properties managed, controlled, or maintained (“Tenants”) – only upon mutual agreement by the Parties, in exchange for a monthly fee as follows: a fee of Fifty ($50.00) Dollars per month so long as this Agreement is in effect or services are performed pursuant thereto
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2. Engagement of Independent Contractors: Apex may, it its sole discretion, engage qualified independent contractors to fulfill its obligations under this Agreement. These contractors will operate under the same standards and requirements as set forth herein.
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3. Work Orders: Any request for service by the Company must be made via website, software, or application provided by Apex for submission of such requests (hereafter “e-request”). In cases where Apex has not yet provided or created an e-request service, Apex may permit company to convey service requests in physical or electronic writing specifying the nature and scope of the requested services. Prices may be agreed to by the Parties beforehand, or subsequent to performance of services.
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4. Dedicated Service Line: If agreed to by the Parties, Apex shall provide Company and/or its Tenants a service request telephone line, which may be used to submit service requests to Apex via call or text-message. Apex may also provide an e-request portal for Tenants to access directly if requested by Company.
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5. Response to Requests: Upon receipt of a service request via appropriately submitted work order, whether from the Company or Tenant via dedicated service line, Apex or its contractors or employees shall accept or deny such services at their discretion, but shall attempt to accept or deny each service request within forty-eight (48) hours of receipt of said request(s). Failure to respond to a request shall constitute a denial of said request. Upon acceptance of a request, Apex shall use reasonable efforts to complete or facilitate completion of services in a time frame consistent with industry standards, given the nature and scope of the services.
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6. Change Orders: Any changes or additions to the scope of work, schedule, or budget must be agreed upon in writing and executed as a change order. Any additional costs resulting from change orders shall be agreed upon by both parties before implementation.
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7. Reporting and Communication: Apex shall endeavor to provide automatic updates through their electronic software, website, or application through the progress and completion of a job or potential job.
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Provider agrees to maintain or to take reasonable steps to facilitate maintenance of adequate records and documentation related to the provision of maintenance services, including work orders, invoices, receipts, and service reports, for a reasonable time following a job or job estimate. These records shall be made available to the Client upon request. An employee, contractor, or subcontractor of Apex certifying or acknowledging that they shall maintain documents in accordance with a job or potential job shall be considered as satisfactory reasonableness of Apex for purposes of this provision.
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1.Equipment, Materials, and Workmanship: If independent contractor(s) are used or contracted by Apex, these contractors may supply and use their own tools, equipment, and materials unless otherwise agreed to or directed by Company.
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2. Safety, Compliance, and Licensing: Apex will take all reasonable steps to maintain that all services performed by its employees or contractors hired or sent by Apex are performed in compliance with local building codes, regulations, and applicable laws. Apex shall also take reasonable steps to provide qualified service providers to perform services in connection with jobs pursuant to this Agreement, and shall take such reasonable steps to maintain that providers hold valid licenses, permits, and adhere to safety standards during service delivery. Acknowledgement or representation by employees, contractors, or subcontractors of conformity with the requirements of this provision by such individuals or organizations shall be considered as sufficient “reasonable steps” by Apex as maintained in this paragraph.
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3. Warranties and Guarantees: Apex shall take reasonable steps to ensure that any employees, contractors, or subcontractors that perform services or work on behalf of or facilitated by Apex are qualified to perform the work serviced. Apex shall attempt to remedy of facilitate remedial measures for services rendered in a negligent or intentionally malfeasant manner by an employee, contractor, or subcontractor of Apex, but shall not itself be liable for such costs for such remedial services. If an employee, contractor, or subcontractor of Apex fails to perform work, or renders work in a negligent or malfeasant manner, or causes damage in performance of their work, the service provider, employee, contractor, or contractor shall directly be responsible for remedying said failure in performance, and any damages or costs resulting therefrom. Any claim of failure of quality or reasonableness made under this provision shall be made within 90 days of service completion.
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4. Emergency Services: Apex is not typically responsible for emergency services. Unless otherwise expressly agreed to by the Parties, Apex shall not be obligated to perform or coordinate maintenance or repair services which are emergency or time-sensitive services. If Apex does perform or coordinate these services, it shall not be responsible for damages caused by delays in service, or if services are not performed in a timely manner.
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5. Indemnification and Liability: The Company shall indemnify, defend, and hold harmless Apex from any third-party claims arising from the Company's misuse or modification of the services provided for in this Agreement. Apex shall not be liable for any claims caused or stemming from acts of independent contractors or subcontractors hired by or who provided services facilitated by or on behalf of Apex, and the appropriate party which shall be liable for such claims shall be the independent contractor, provider, or agents whom provided said services.
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If a Tenant (or the Company, if Company is providing direct payment for services performed under this Agreement) fails to pay in accordance with this Agreement or work order, or otherwise fails to pay for services performed by or facilitated by Apex, the tenant or Company shall be held liable for said payment jointly and severally.
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1. Payment Terms: All invoices presented by Apex shall be due and payable by the Company within 30 days of receipt. Late payments shall accrue interest at a rate of five percent [5%] per month. If the Parties jointly agreed to a different term for payment, such as through a payment plan, the terms of this provision may be modified or amended via separate Agreement, in writing, and agreed to by both Parties to this Agreement.
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2. Term, Termination, and Renewal: This Agreement shall commence on the Effective Date and shall remain in effect for one year, automatically renewing for the same period unless either party conveys in writing its desire and intention not to renew, or unless earlier terminated as provided herein. Either party may terminate this Agreement with 30 days written notice.
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3. Confidentiality: The Parties agree to maintain confidentiality, and to keep all confidential information received or acquired during the performance of this Agreement, including client information and trade secrets. The parties shall not disclose or use such information for any purpose other than performing the services outlined in this Agreement – except as required by law.
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4. Intellectual Property: Any intellectual property, including but not limited to proprietary software, tools, or processes developed or provided by Apex for the execution of maintenance services shall remain the property of the Apex.
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5. Non-Solicitation: The Company agrees not to solicit or hire any employees, contractors, or subcontractors hired by or whose services are facilitated by Apex, or to have services rendered by such persons without proceeding through Apex via the terms of this Agreement or modified version thereof, for a period of twelve (12) months following the termination of this Agreement.
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6. Force Majeure: Neither party shall be liable for any delay or failure in the performance of its obligations under this Agreement due to circumstances beyond its reasonable control.
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7. Notices: Any notices required under this Agreement shall be in writing – via certified mail, and delivered as follows – for notice to Company, notice shall be provided to the address provided at the beginning of this Agreement. For notice to Apex, notice shall be provided to: Metro-Detroit Legal Connection PLLC, 38410 Westchester Rd, Sterling Heights, MI 48310.
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8. Successors and Assignees: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
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9. Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
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10. Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the state of Michigan, regardless of its conflict of law provisions. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located within Wayne County, Michigan.
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11. Entire Agreement: This Agreement, including any exhibits or attachments, constitutes the entire understanding between the parties and supersedes all prior negotiations, agreements and understandings between the parties, whether oral or written.
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12. Amendments: Any changes or modifications to this Agreement must be in writing and signed by both parties.
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13. Execution: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. Electronic signatures will have the same legal effects as a manually executed signature. Electronic signatures shall be deemed original signatures for purposes of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
Apex Maintenance Group, LLC:
Signature: :
Signor's Name :
Title/Company: : Member, Apex Maintenance Group, LLC