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.
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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
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
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
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