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Facility Management Agreement for the United States

Facility Management Agreement Template for United States

A Facility Management Agreement is a legally binding contract governed by U.S. federal and state laws that establishes the terms and conditions under which a facility management company provides operational, maintenance, and administrative services for a property or facility. The agreement details scope of services, performance standards, compensation, liability allocation, and compliance requirements with various regulations including OSHA, ADA, and environmental standards.

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Facility Management Agreement

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What is a Facility Management Agreement?

The Facility Management Agreement serves as the primary contractual document governing the relationship between facility owners and professional management service providers in the United States. This agreement type is essential when property owners seek to outsource the day-to-day operations, maintenance, and administration of their facilities to specialized service providers. The document encompasses crucial elements such as service scope, performance metrics, compensation structures, and regulatory compliance requirements, while adhering to federal and state-specific regulations. A comprehensive Facility Management Agreement is particularly important for ensuring clear accountability, risk allocation, and service standards in complex facility operations.

What sections should be included in a Facility Management Agreement?

1. Parties: Identification and details of the facility owner and management company

2. Background: Context of the agreement and brief description of the facility

3. Definitions: Key terms used throughout the agreement including facility management services, property, and performance metrics

4. Scope of Services: Detailed description of facility management services to be provided including maintenance, operations, and management responsibilities

5. Term and Termination: Duration of agreement, renewal options, and conditions for termination

6. Fees and Payment Terms: Compensation structure, payment schedules, and expense reimbursement procedures

7. Performance Standards: Required service levels, quality metrics, and performance evaluation criteria

8. Insurance and Liability: Required insurance coverage, liability allocation, and indemnification provisions

9. Compliance with Laws: Obligations to comply with applicable federal, state, and local regulations

10. Representations and Warranties: Standard warranties and representations from both parties

11. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

What sections are optional to include in a Facility Management Agreement?

1. Environmental Compliance: Environmental management requirements and sustainability practices for facilities with significant environmental impact

2. Security Requirements: Special security protocols and measures for high-security or sensitive facilities

3. Energy Management: Energy efficiency and conservation requirements for facilities with specific sustainability goals

4. Specialized Facility Requirements: Additional requirements for specific facility types (healthcare, education, government)

5. Emergency Response: Specific procedures for emergency situations and disaster recovery

What schedules should be included in a Facility Management Agreement?

1. Schedule A - Facility Description: Detailed description of the facility, its components, and physical characteristics

2. Schedule B - Service Level Agreement: Specific performance metrics, standards, and measurement criteria

3. Schedule C - Fee Schedule: Detailed breakdown of fees, payment terms, and rate calculations

4. Schedule D - Equipment Inventory: Comprehensive list of facility equipment and assets under management

5. Schedule E - Emergency Procedures: Detailed emergency response protocols and procedures

6. Schedule F - Staff Requirements: Required staffing levels, qualifications, and organizational structure

7. Schedule G - Maintenance Schedule: Planned maintenance activities, frequencies, and preventive maintenance program

8. Schedule H - Reporting Requirements: Required reports, frequency of reporting, and reporting formats

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Service Agreement

Cost

Free to use
Clauses
































Industries

OSHA Compliance: Occupational Safety and Health Act requirements for workplace safety, hazard prevention, and employee protection in facility operations

ADA Requirements: Americans with Disabilities Act regulations ensuring facility accessibility and accommodation for disabled individuals

FLSA Considerations: Fair Labor Standards Act provisions regarding wage, overtime, and employment standards for facility management staff

NLRA Compliance: National Labor Relations Act requirements regarding employee rights and labor relations in facility management

EPA Regulations: Environmental Protection Agency standards for environmental compliance, waste management, and pollution control

Energy Policy Act: Federal regulations regarding energy efficiency, conservation, and sustainable facility management practices

State Building Codes: State-specific construction and maintenance requirements for facilities

State Labor Laws: State-specific employment regulations, including minimum wage, breaks, and worker protection

State Environmental Regulations: State-level environmental compliance requirements and reporting obligations

Facility Manager Licensing: State-specific licensing and certification requirements for facility management professionals

Municipal Building Codes: Local building regulations, permits, and compliance requirements

Fire Safety Regulations: Local fire department requirements for safety systems, emergency procedures, and compliance

Industry-Specific Compliance: Specialized regulations for specific facility types (healthcare - HIPAA, education, government - FAR)

UCC and Contract Law: Uniform Commercial Code and state contract law principles governing facility management agreements

Insurance Requirements: Workers' compensation, general liability, and professional liability insurance regulations

Data Privacy Laws: Regulations governing data protection, cybersecurity, and privacy in facility management operations

Sustainability Standards: LEED certification, Energy Star compliance, and other environmental sustainability requirements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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