New Mexico cleaning service contract template

New Mexico Cleaning Service Contract

This Cleaning Service Contract (the “Agreement”) is made and entered into as of this [Date] by and between:

[Cleaning Service Provider Name], a [State of Incorporation] corporation/limited liability company/sole proprietorship, with its principal place of business at [Cleaning Service Provider Address], New Mexico, hereinafter referred to as "Service Provider," bearing New Mexico Business Registration [Registration Number] and potentially requiring Cleaning License [License Number, if applicable], and can be reached at [Cleaning Service Provider Phone Number] and [Cleaning Service Provider Email Address];

and

[Client Name], residing at/with its principal place of business at [Client Address], New Mexico, hereinafter referred to as "Client," and can be reached at [Client Phone Number] and [Client Email Address].

1. Scope of Services

The Service Provider agrees to provide the Client with cleaning services as described below:

Option A: Service Type:

• Residential Cleaning
• Commercial Cleaning
• Medical Facility Cleaning
• Move-In/Move-Out Cleaning
• Post-Construction Cleaning
• Other: [Specify Other Service Type]

Option B: Cleaning Methods & Products:

• Service Provider's Standard Cleaning Products
• Client-Supplied Cleaning Products
• Eco-Friendly Cleaning Products (Specify Certification, if any: [Certification Details])

Details: [Specific product brands, eco-friendliness standards, etc.]

Option C: Frequency & Schedule:

• One-Time Cleaning
• Weekly Cleaning
• Bi-Weekly Cleaning
• Monthly Cleaning
• Other: [Specify Frequency]

Schedule: [Days of the Week, Time of Day, Duration of Cleaning]

Holiday/After-Hours Service: [Specify availability and rates]

Option D: Areas & Surfaces to be Cleaned:

• All Rooms (Specify exceptions: [List of Excluded Rooms])
• High-Touch Surfaces (Doorknobs, light switches, etc.)
• Restrooms (Toilets, sinks, showers)
• Floors (Vacuuming, mopping, sweeping)
• Kitchen (Countertops, appliances, sink)
• Window Exteriors/Interiors (Specify frequency and level of detail: [Frequency and Details])
• Special Equipment (Specify: [Equipment List])
• Exclusions: [List of Areas and Surfaces Excluded]

Option E: Minimum Quality & Performance Standards:

The Service Provider will perform all services in a professional and workmanlike manner, adhering to industry standards and best practices. [Specify any specific quality standards or metrics]

Option F: Health, Safety & COVID-19 Protocols:

The Service Provider will comply with all applicable guidelines and regulations issued by the New Mexico Department of Health, including, but not limited to, protocols for social distancing, hygiene, and the use of personal protective equipment (PPE). [Specify any additional protocols]

2. Staffing Requirements

Option A: Number of Cleaners:

• [Number of Cleaners]

Option B: Supervision:

• On-site supervisor
• Remote supervisor
• No supervisor

Option C: Background Check & Training Certification:

All personnel provided by the Service Provider will undergo background checks and will possess the required training certifications in accordance with New Mexico law. [Specify types of background checks and required certifications]

Option D: Uniform/Identification Policy:

Service Provider's employees will wear [Description of Uniform] and display [Type of Identification].

Option E: Onsite Conduct Expectations:

Service Provider's employees will conduct themselves professionally and respectfully at all times while on the Client's property. [Specify any additional rules of conduct]

Option F: Language Proficiency:

Employees will be proficient in [Language(s)].

3. Client Responsibilities

The Client agrees to:

• Provide the Service Provider with access to the property. [Specify access instructions and security codes]
• Ensure that water and electricity are available at the property.
• Notify the Service Provider of any pets, valuables, alarms, or building-specific rules. [Specify notification timeframe]

4. Service Location(s) & Property Type

The services will be performed at the following location(s): [Address(es)]. The property type is: [Residential/Commercial/Other]. Any changes to the service location(s) must be mutually agreed upon in writing.

5. Service Fees & Payment

Option A: Pricing Structure:

• Per Square Foot: [Price per Square Foot]
• Hourly Rate: [Hourly Rate]
• Project-Based Fee: [Total Project Fee]
• Other: [Specify Other Pricing Structure]

Option B: Itemized Pricing (if applicable):

[List of Services and Corresponding Prices]

Option C: Travel Charges:

Travel charges may apply for locations outside the defined service area. [Specify service area and travel charge policy]

Option D: Supplies/Equipment Fees:

[Specify fees for supplies and equipment, if any]

Option E: Overtime/Emergency Cleaning Rates:

[Specify overtime and emergency cleaning rates]

Option F: New Mexico Gross Receipts Tax (GRT):

The Client is responsible for paying New Mexico Gross Receipts Tax (GRT), currently at [GRT Rate]%, on all services provided.

Option G: Invoicing & Payment:

The Service Provider will invoice the Client [Invoice Frequency]. Payment is due [Number] days from the date of the invoice. Accepted payment methods are: [List of Accepted Payment Methods].

Option H: Late Payment Penalties:

Late payments will be subject to a late payment penalty of [Percentage]% per month, or the maximum rate allowed under New Mexico Usury Law, whichever is lower.

Option I: Billing Disputes:

The Client must notify the Service Provider of any billing disputes within [Number] days of receiving the invoice.

6. Property Damage, Loss & Theft

Option A: Liability:

The Service Provider will be liable for any damage to the Client's property caused by the negligence of its employees.

Option B: Insurance:

The Service Provider maintains insurance coverage, including New Mexico workers’ compensation, general liability, and bonding policies, in the following amounts: [Specify insurance amounts].

Option C: Claims Process:

The Client must report any property damage, loss, or theft to the Service Provider within [Number] days of the incident.

Option D: Exclusions:

The Service Provider will not be liable for pre-existing damage or for damage caused by normal wear and tear.

7. Warranty of Service

The Service Provider warrants that all services will be performed in a professional and workmanlike manner. If the Client is dissatisfied with the quality of the services, the Service Provider will [Specify Remedy, e.g., re-clean the affected area or offer a partial refund]. The Client must notify the Service Provider of any dissatisfaction within [Number] days of the service date.

8. Compliance with Laws & Regulations

Option A: Background Checks:

The Service Provider will comply with all applicable New Mexico laws regarding background checks for its employees.

Option B: New Mexico Safe Employment & Child Labor Laws:

The Service Provider will comply with all applicable New Mexico Safe Employment and Child Labor Laws.

Option C: EPA & OSHA Regulations:

The Service Provider will comply with all applicable EPA and OSHA regulations regarding hazardous materials or chemical use. The Service Provider will notify the Client of any unusual or regulated chemicals used during the cleaning process.

9. Confidentiality

The Service Provider will maintain the confidentiality of all Client information, including any personal or business data. The Service Provider will comply with all applicable New Mexico privacy statutes.

10. Compliance with Local Ordinances

The Service Provider will comply with all applicable city or county ordinances, including those related to health and safety. [Example: Compliance with Albuquerque or Santa Fe local health regulations].

11. Term & Termination

Option A: Contract Duration:

This Agreement will commence on [Start Date] and will continue for a term of [Number] [Days/Weeks/Months/Years].

Option B: Renewal:

This Agreement will automatically renew for successive terms of [Duration of Renewal Term] unless either party provides written notice of termination at least [Number] days prior to the end of the current term.

Option C: Termination for Cause:

Either party may terminate this Agreement for cause if the other party breaches any material provision of this Agreement and fails to cure such breach within [Number] days of receiving written notice thereof.

Option D: Termination Without Cause:

Either party may terminate this Agreement without cause by providing written notice to the other party at least [Number] days prior to the date of termination.

Option E: Financial Settlement:

In the event of termination, the Client will pay the Service Provider for all services performed up to the date of termination. [Specify method of calculating payment for partially completed services]

12. Service Interruption & Force Majeure

The Service Provider will not be liable for any service interruption caused by circumstances beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, labor disputes, and government regulations. [Cite applicable New Mexico statutes related to force majeure]

13. Dispute Resolution

Any dispute arising out of or relating to this Agreement will be resolved as follows:

Option A: Negotiation:

The parties will first attempt to resolve the dispute through good faith negotiation.

Option B: Mediation:

If negotiation is unsuccessful, the parties will attempt to resolve the dispute through mediation.

Option C: Arbitration/Litigation:

If mediation is unsuccessful, the parties may pursue arbitration or litigation in a court of competent jurisdiction in [New Mexico County] County, New Mexico.

This Agreement will be governed by and construed in accordance with the laws of the State of New Mexico.

14. Assignment & Subcontracting

Option A: Assignment:

Neither party may assign this Agreement without the prior written consent of the other party.

Option B: Subcontracting:

The Service Provider [May/May Not] subcontract any of its duties under this Agreement. If subcontracting is permitted, the Service Provider will ensure that any subcontractors meet the same standards as its own employees and will indemnify the Client against any claims arising from the acts or omissions of its subcontractors.

15. Non-Solicitation & Non-Compete

[Include non-solicitation and non-compete covenants as permitted by New Mexico law. Consult with legal counsel to ensure compliance with current legal standards.]

16. Amendment

This Agreement may be amended only by a written instrument signed by both parties.

17. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions and understandings, whether written or oral.

18. Acknowledgment

By signing below, both parties acknowledge that they have read and understood this Agreement and agree to be bound by its terms.

19. Consumer Protection Disclosures

[Include any required consumer protection disclosures per New Mexico’s Unfair Practices Act or relevant consumer rights requirements.]

20. Addenda

[Optional addenda addressing specialized cleaning protocols, green cleaning certifications, or industry-specific needs can be attached.] Examples: Addendum A: Green Cleaning Protocols; Addendum B: HIPAA Compliance (for healthcare facilities).

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Cleaning Service Provider Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

Date: [Date]

[Client Name]

By: [Name of Client]

Title: [Title of Client, if applicable]

Date: [Date]