FORM 108

JANITORIAL AGREEMENT

            AGREEMENT made between ____________ (Governmental Entity), a political subdivision of the state of Idaho, herein "ENTITY" and __________________ herein "JANITOR",

THE PARTIES AGREE AS FOLLOWS:

1.            JANITORIAL SERVICE:  ENTITY hereby hires JANITOR to perform janitorial service on the buildings and rooms described on the attached list and map, which are collectively referred to as the premises.  JANITOR agrees to perform the janitorial work on the premises which shall include:

[  ] Vacuuming all carpets and dusting all furniture with polish at least _____ times per week.

[  ] Shampooing all carpets at least once every _____ weeks with a shampoo approved by ENTITY.

[  ] Mopping all floors with a cleaner approved by ENTITY at least _____ times per week.

[  ] Waxing all floors with a wax or polish approved by ENTITY at least _____ times per week, including polishing the floors with a mechanical polisher.

[  ] Emptying all trash and discarding all materials specified by ENTITY at least _____ times per week.

[  ] Washing all windows on the inside at least _____ times per ___________ and on the outside at least _____ times per ___________.

[  ] Cleaning all bathrooms and toilet and lavatory bowls and refilling any paper towel dispensers and toilet paper dispensers at least _____ times per week.

[  ] Changing light bulbs at least _____ times per week.

[  ] Cleaning light fixtures at least once every _____ weeks.

[  ] Cleaning heating and cold air ducts at least once every _____ weeks.

[  ] Sweeping all exterior sidewalks _____ times per week.

[  ] Shoveling snow from sidewalks as needed on a daily basis.

[  ] Cleaning blinds at least once every _____ weeks.

[  ] Performing a special cleaning of the premises after special events, as requested by ENTITY, up to _____ times every six months [for the additional compensation of $______ for each special cleaning].

[  ] Performing minor repairs not requiring special tools and reporting the need for repairs to ENTITY.

[  ] Washing walls and door moldings to remove markings at least once every _____ weeks.

[  ] _________________________________________________.

2.            COMPENSATION:  ENTITY agrees to pay JANITOR the sum of $___________ per ____________ for the services, payable ____________________________________________.  In addition, ENTITY will pay JANITOR for additional services as agreed in writing.

3.            MATERIALS AND EQUIPMENT:  JANITOR agrees to provide all materials and equipment necessary to perform the above services at no additional cost to ENTITY.  ENTITY agrees to provide a storage area on the premises for these materials.

4.            EMPLOYEES:  JANITOR agrees to provide ENTITY with a list of the names and addresses of all employees who will be working upon the premises in performing this Agreement.  If ENTITY disapproves of any such employees in writing, JANITOR agrees not to use such employees upon the premises.  JANITOR further agrees to use reasonable care in selecting trustworthy employees and in supervising them.

5.            INDEMNIFICATION:  JANITOR agrees to indemnify, defend, and hold harmless ENTITY, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities of  JANITOR, JANITOR’s agents, employees, or representatives under this Agreement.

6.            INSURANCE:  JANITOR agrees to obtain and keep in force during its acts under this Agreement a comprehensive general liability insurance policy in the minimum amount of $_______________, which shall name and protect JANITOR, all JANITOR's employees, ENTITY, and its officers, agents and employees, from and against any and all claims, losses, actions, and judgments for damages or injury to persons or property arising out of or in connection with the JANITOR's acts.  JANITOR shall provide proof of liability coverage as set forth above to ENTITY prior to commencing its performance as herein provided, and require insurer to notify ENTITY ten (10) days prior to cancellation of said policy.

7.            WORKER’S COMPENSATION:  JANITOR shall maintain in full force and effect worker's compensation for JANITOR and any agents, employees, and staff that the JANITOR may employ, and provide proof to ENTITY of such coverage or that such worker's compensation insurance is not required under the circumstances.

8.            COMPLIANCE WITH LAWS:  JANITOR agrees to comply with all federal, state, city, and local laws, rules and regulations.

9.    KEYS:  ENTITY will give one set of keys to JANITOR for access to the premises, and JANITOR must obtain the approval of ENTITY as to any employee who is given access to the keys.  JANITOR shall be responsible for the costs of re-keying any locks required by JANITOR’s loss of keys.

10.            INDEPENDENT CONTRACTOR:  The parties agree that JANITOR and all its employees are independent contractors of ENTITY and in no way employees or agents of ENTITY and are not entitled to workers compensation or any benefit of employment with the ENTITY.  ENTITY shall have no control over the performance of this Agreement by JANITOR, except to specify the time and place of performance and the results to be achieved.  JANITOR shall be responsible for the payment of any and all taxes due for the compensation received under this contract.

11.            TERMINATION:  This Agreement may be terminated immediately by ENTITY for breach of this Agreement by JANITOR and either party may terminate this Agreement by _____ days written notice of termination to the other party.

12.            DISPOSAL OF TOXIC SUBSTANCES:  JANITOR agrees to dispose of any and all toxic substances used in the premises in accordance with federal, state and local statutes and regulations and further agrees to indemnify ENTITY from any liability resulting therefrom.

13.            ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties.

14.            ATTORNEY FEES:  Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare termination or forfeiture of this Agreement.

DATED this _______ day of _______________, 20____.

  Form and content approved by __________________ as attorney for _______________ (Governmental Entity).