Commonly used for
- Commercial
- Office buildings
- Retail outlets/malls
- Public facilities
- Schools
- Courthouses
- Government buildings
What Should be Included?
Scope of Work
The scope of work for a janitorial contract will outline what work is expected of the janitor or janitorial team. Common services provided by janitors include:
- Sweeping
- Mopping
- Window cleaning (internal)
- Dusting
- Waste removal
If a client has specific expectations for how janitorial work is to be carried out, it’s common to document these in an exhibit attached to the contract.
Schedule
The frequency of janitorial services depends on the expectations of the client. Places experiencing frequent use, like a shopping center, are more likely to need daily janitorial services, while those experiencing less intense traffic, like an art gallery, may need them less frequently.
The schedule section should explain precisely how frequently the janitorial service is expected. If the schedule is expressed as a pattern, such as once a week, it should note exceptions when service is unnecessary, such as holidays when there is little need for cleaning.
Just as important, the schedule section should identify the time of day that the janitorial services are to take place. If the contract does not specify the exact time the job is to be performed, it should specify whether or not the work will take place outside the business’s operating hours.
Payment
Payment for janitorial services is typically made on a periodic, recurring basis, such as once a month. If services are needed less frequently, then it is possible to structure the contract to require payment following each visit to the site by the janitor or janitorial team.
Service Changes
Clients will typically make a decision about the type of janitorial work desired and how frequently it will be performed before the contract is signed. But even if the work is performed to expectations, it’s common to want to make adjustments once the agreement has been in effect for a while and the client has had a chance to see the effects.
The services changes section can prevent the parties from creating an entirely new contract to modify the service. It can set, for example, a fixed amount that can be added to the contract’s price to add or remove a day of service. Or it can set prices to add or remove a particular service from the existing schedule. A services changes section can help the parties understand these issues more quickly.
Insurance and Indemnification
Janitorial contractors typically carry liability insurance, which can cover property damage and injuries caused by their work, and worker’s compensation insurance, which can cover on-the-job injuries or illnesses to workers themselves. Here, contractors can state that their business complies with local requirements for these types of coverage.
If the location being cleaned has special or sensitive instruments or technology, then additional provisions may be necessary. A janitorial firm may want to state that it is not responsible for “special damages” associated with these items, including earnings that the company misses out on due to any malfunction.
Clients with highly specialized machinery may want to consider hiring a specialized firm to clean and maintain this rather than relying on a standard janitorial contractor.
Premises Authorization
This section should state that the janitor or janitorial team is authorized to enter the premises. This is particularly important for contracts that specify that cleaning occurs after hours of operation.
This section of the contract can limit access to particular persons. But if the contract is with a business using multiple janitors, is more common for the contract to state that the provider of the services may designate authorized persons.
Rates
Janitorial rates will vary by region. There are also multiple methods of setting payment:
- Square foot rate: $0.15-$0.25/sq. ft.[1]
- Hourly: $39/hr.[2]
- Window cleaning: $4-$8/window.[3]
- Small office, one to two cleanings per week: $100-$200/month.[4]
Sample
JANITORIAL CONTRACT
I. THE PARTIES. This Janitorial Contract (“Agreement”) is entered into as of [Date], by and between:
Janitor: [JANITOR’S NAME] with a mailing address of [MAILING ADDRESS] (“Janitor”), and:
Client: [CLIENT’S NAME] with a mailing address of [MAILING ADDRESS] (“Client”).
Janitor and Client are each referred to herein as a “Party” and, collectively, as the “Parties.”
II. TERM. This Agreement starts on [START DATE] and ends: (check one)
☐ – On the Date of [END DATE].
☐ – Upon Written Notice by either Party of at least [NUMBER OF DAYS] days.
III. THE SERVICE. In addition to standard janitorial services, the Janitor agrees to perform the following specific services: [SERVICES]
Hereinafter known as the “Service.”
Janitor shall provide, while providing the Service, that he/she/they shall comply with the policies, standards, and regulations of the Client, including local, State, and Federal laws and to the best of their abilities. It is further agreed that any desired changes to the scope of these Services must be approved with the prior written consent of both Parties.
IV. EQUIPMENT. The Janitor shall: (check one)
☐ – Be responsible for providing their own tools, supplies, and materials.
☐ – Receive all necessary tools, supplies, and materials from the Client.
V. SCHEDULE. The Janitor is: (check one)
☐ – Not required to adhere to a weekly schedule.
☐ – Required to adhere to the following schedule:
☐ – Monday Start: ___:___ ☐ AM ☐ PM End: ___:___ ☐ AM ☐ PM
☐ – Tuesday Start: ___:___ ☐ AM ☐ PM End: ___:___ ☐ AM ☐ PM
☐ – Wednesday Start: ___:___ ☐ AM ☐ PM End: ___:___ ☐ AM ☐ PM
☐ – Thursday Start: ___:___ ☐ AM ☐ PM End: ___:___ ☐ AM ☐ PM
☐ – Friday Start: ___:___ ☐ AM ☐ PM End: ___:___ ☐ AM ☐ PM
☐ – Saturday Start: ___:___ ☐ AM ☐ PM End: ___:___ ☐ AM ☐ PM
☐ – Sunday Start: ___:___ ☐ AM ☐ PM End: ___:___ ☐ AM ☐ PM
VI. LOCATION. The Service shall be provided at the following address: [ADDRESS] (“Premises”).
VII. PREMISES AUTHORIZATION. Both Parties agree that: (check one)
☐ – The Janitor, and any of the Janitor’s employees, agents, or contractors, shall be authorized to enter the Premises to perform their Services.
☐ – Only those individuals named under this clause shall be authorized to enter the Premises to perform their Services: [AUTHORIZED INDIVIDUALS].
VIII. PAYMENT. The Client agrees to pay the Janitor: (check one)
☐ – $[AMOUNT] per hour.
☐ – $[AMOUNT] per Job.
☐ – $[AMOUNT] per [DESCRIBE].
IX. LIABILITY INSURANCE (MINIMUM ($) AMOUNT). The Janitor agrees to bear all responsibility for the actions related to themselves and their employees or personnel under this Agreement. In addition, the Janitor agrees to obtain comprehensive liability insurance coverage in case of bodily or personal injury, property damage, contractual liability, and cross-liability (“Liability Insurance”).
The minimum amount ($) for the Liability Insurance shall: (check one)
☐ – Be a minimum amount of combined single limit of $[AMOUNT].
☐ – Not have a minimum amount required.
☐ – Neither party shall be required to maintain insurance.
X. TERMINATION. Client or Janitor may terminate this Agreement at any time for cause by providing written notice of a material breach of the other Party.
XI. MISCELLANEOUS. The Janitor and the Client agree to the following:
Independent Contractor. It is agreed that the Janitor will be considered an independent contractor for the purposes of this Agreement, that they will maintain their own independent business and furthermore will use their own tools and equipment in fulfilling the Agreement.
Taxes. Any taxes due as part of the Janitor providing their Services in this Agreement are the sole responsibility of the Janitor.
Additional Services. Any additional services (“Additional Services”) must be requested by the Client in writing and are subject to rejection by the Janitor should said request be impossible or inconvenient to meet.
Damage to Equipment. The Client will be responsible for any damage or loss to the Janitor’s equipment due to misuse or theft by the Client or any guest of the Client and in the case of a force majeure event (including but not limited to fires, floods, inclement weather, and earthquakes).
Liability and Indemnification. The Janitor will not be liable for direct, indirect, incidental, or consequential damages (including, but not limited to, damages for lost profits or increased expenses) with respect to any claim related to this Agreement and the Services provided.
XII. SEVERABILITY. Should any provision of this Agreement be determined to be void, invalid, unenforceable, or illegal for whatever reason, such provision(s) shall be null and void; provided, however, that the remaining provisions of this Agreement shall be unaffected thereby and shall continue to be valid and enforceable.
XIII. GOVERNING LAW. This Agreement shall be construed and governed in accordance with the laws located in the State of where the Services are performed.
XIV. ADDITIONAL TERMS & CONDITIONS. [LIST]
XV. ENTIRE AGREEMENT. This Agreement, along with any attachments or addendums, represents the entire agreement between the Parties. Therefore, this Agreement supersedes any prior agreements, promises, conditions, or understandings between the Parties.
Janitor’s Signature: __________________________ Date: _______________
Print Name: ___________________________
Client Signature: ___________________________ Date: _______________
Print Name: ______________________