Building Maintenance and Janitorial Service Agreement
Agreement made on the (date), between (Name of Owner), a corporation
organized and existing under the laws of the state of ______________, with its principal
office located at (street address, city, state, zip code), referred to herein as Owner, and
(Name of Contractor), a corporation organized and existing under the laws of the state
of ______________, with its principal office located at (street address, city, state, zip
code), referred to herein as Contractor.
For and in consideration of the mutual covenants contained in this Agreement,
and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Services to Be Performed
Contractor will perform for Owner, in a good and worker-like manner and subject
to the provisions of this Agreement, the maintenance and janitorial services set forth in
detail in Exhibit A, attached, on the premises (the Premises) located at (street address,
city, state, zip code), and used as a (description of use). To effectuate the provisions of
this Section, Contractor's supervisory personnel will regularly inspect the Premises and
the work done by Contractor's employees and will exercise complete authority over all
such employees.
2. Labor and Equipment
Contractor will furnish all labor, equipment, and materials necessary to the
performance of its duties except such equipment and materials as are provided by
Owner, as set forth in Exhibit B. Contractor may use such equipment or materials
provided by Owner as is necessary to the careful performance of its duties, but, should
such equipment or materials be lost, damaged, or destroyed, Contractor will reimburse
Owner for its replacement with equipment and materials of equal value and for costs
and expenses incident to such replacement.
3. Time of Work
Contractor will perform its duties during the hours of (time) and (time). In any
event, Contractor will perform in such manner as to avoid inconvenience to the users of
the Premises and interference with Owner's operations.
4. Compliance with Law
Contractor will secure all permits required to perform duties and will comply with
all applicable Workers' Compensation, employer's liability, and other federal, state,
county and municipal laws, ordinances, rules and regulations.
5. Indemnification of Owner
Contractor will indemnify Owner against all liability, demands, claims, suits,
losses, damages, causes of action, fines or judgment including costs, attorneys' and
witnesses' fees and expenses incident thereto for injuries (including death) to persons
or property arising out of or in connection with Contractor's performance of its duties
under this Agreement, unless caused by the gross negligence or willful misconduct of
Owner. Contractor will give Owner prompt written notice of any such demand, claim or
suit against it, and Contractor shall have the right to compromise or defend the same to
the extent of its own interest.
6. Insurance
During the term of this Agreement, Contractor will carry and maintain in full force
insurance of the following types and minimum amounts with such company or
companies as are acceptable to Owner, insuring Contractor while it is performing its
duties under this Agreement:
A. Comprehensive general liability insurance insuring Owner against any
liability arising out of the fulfillment of this Agreement. Such insurance shall be
not less than $___________ combined single limit for injury to or death of one or
more persons in an occurrence and for damage to tangible property (including
loss of use) in any one occurrence.
B. Workers' compensation and employer's liability insurance as required by
the State of (Name of State).
C. Contractor agrees that:
1. Owner may inspect such policies at any time;
2. Contractor will cause such policies to be properly endorsed to
provide that the insurance company or companies will give to Owner
(number) days' written notice of termination, alteration or change of the
policies;
3. Contractor will cause the insurance company or companies to
furnish Owner with certificates of such policies detailing the coverage,
such certificates to be delivered to Owner concurrently with execution of
this Agreement by Contractor; and
4. Owner may, in writing, designate higher or lower limits for such
insurance, and Contractor will procure and maintain in full force such
insurance in the amount so designated.
7. Termination for Default
If Contractor does not obtain the insurance described in Section 6 or if Owner
does not receive at the time specified the required insurance certif