What Should a Commercial Cleaning Contract Include?

A janitorial contract checklist, clause by clause

Use this as a review list for any draft, whether it comes from you or the vendor. Several of these clauses have their own answers on this site, such as notice periods, insurance and contract length; the aim here is to make sure none is missing.

What California Labor Code section 2810 adds

Section 2810 makes it unlawful to enter into a contract with a janitorial contractor when the client knows or should know the contract does not include funds sufficient for the contractor to comply with labor laws. A contract that is in writing, in a single document, and contains the items the statute lists creates a rebuttable presumption that the client has not violated that rule. Each party must keep a copy for at least four years after the contract ends. The listed items are:

• Names, addresses and phone numbers of both parties
• Description of the services, with start and completion dates
• The contractor's state employer identification number
• Workers' compensation policy number and carrier contact details
• Vehicle identification numbers and liability insurance for vehicles used on the work
• The address of any property used to house workers
• Total workers to be employed, total wages to be paid and pay dates
• The amount paid to the contractor for the services
• Number of independent contractors used and their license numbers
• Signatures of all parties and the date signed

Insurance, indemnity and screening

Typical requirements cover commercial general liability, workers' compensation (which every California employer must carry under Labor Code section 3700), commercial auto, an umbrella policy and employee dishonesty or third-party crime coverage that protects the client's property. Ask for additional insured status on the liability policy, a waiver of subrogation, and updated certificates at each renewal.

Screening clauses need care. California's Fair Chance Act (Government Code section 12952) limits when employers with five or more employees can ask about criminal history, so contracts should require background checks to the extent the law permits rather than demand something the vendor cannot lawfully do.

Keys, access and confidentiality

Spell out how keys, cards and alarm codes are issued, logged and returned; who pays for rekeying after a loss; and that no one other than assigned, screened staff may enter the building. Add confidentiality terms covering documents, screens and conversations the crew encounters, a ban on photography inside the premises, and rules for restricted rooms. These clauses cost nothing to write and matter a great deal in offices with sensitive tenants.

Quality, remedies and the end of a commercial cleaning contract

A quality clause should name the inspection method, who inspects and how often, and what happens when work falls short: a re-clean at no charge, a credit for missed services, and escalation to management if problems repeat. Termination for cause should follow written notice and a cure period; termination for convenience should require notice, commonly 30 to 90 days.

Plan the exit too. The outgoing vendor should return keys, badges and owner property and cooperate with the successor. California's Displaced Janitor Opportunity Act (Labor Code sections 1060 to 1065) generally requires an incoming janitorial contractor to retain the outgoing contractor's site employees for a 60-day transition period, which affects how a changeover is staffed.

How EBS meets the terms buyers ask for

EBS is licensed and insured, and its team members are trained, vetted, uniformed and background-checked, which answers several of these clauses before negotiation starts. Supervisors inspect routinely through eHub and track follow-up and corrective actions, giving a quality clause a documented record to rely on. Backup staffing, field supervision and escalation support speak to the continuity terms, and the scope exhibit comes from the walkthrough.