CONTRACTOR SERVICES AGREEMENT FOR [Name of County/Municipality/Business] RECYCLING EVENTS
THIS AGREEMENT is entered into this ______day of______, 20____, between [Name of County/Municipality/Business], [Address] (hereinafter referred to as "[County/Municipality/Business]"), and ______(hereinafter referred to as "Contractor"). (Insert company name)
WITNESSETH, THAT WHEREAS, the [County/Municipality/Business] intends to contract for the collection and final disposition of reusable and recyclable materials at pre-scheduled public event(s) (hereinafter referred to as the “Event”), utilizing the services of the above mentioned Contractor in accordance with the Terms & Conditions of this agreement.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties agree as follows:
SECTION 1 - SERVICES OF CONTRACTOR
1.1 GENERAL
The Contractor shall:
1.1.1. Provide vehicle(s) for collection and removal, for the purpose of recycling or reuse, of ______(hereafter referred to as the “Material”). (insert list of material(s) to be collected) 1.1.2. Designate, in Section 4.6 PROJECT MANAGEMENT CONTACTS below, a person to act as Project Manager with respect to the work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the Contractor's policies and decisions with respect to the work covered by this Agreement.
1.1.3 Provide one or more staff to monitor collection from residents at the Event.
1.1.4 Produce and deliver to the [County/Municipality/Business] within 30 days after the Event, a simple report listing material type(s), weight or volume of material collected at each event, and if possible, the number of residents that used the service.
SECTION 2 - PERIOD OF SERVICE
2.1. The terms of this Agreement shall remain in effect from the date of execution hereof for a period of two (2) years; and may be extended upon mutual written agreement of both parties.
SECTION 3 - PAYMENT FOR SERVICES OR REVENUE BY WEIGHTS
3.1. Service Cost: ______($) per______(please specify per event or per truck)
As applicable, the [County/Municipality/Business] shall make payments to the Contractor after the invoices submitted by the Contractor are approved by the [County/Municipality/Business] for each Event.
3.2 Commodity Revenue: ______($) per______(specify per pound or ton) up to ______(pounds or tons) and ______($) per______(specify per pound or ton) for volumes in excess of above weight. As applicable, the Contractor shall make payments to the [County/Municipality/Business] within 30 days after the Event, attaching a report on pounds of Material collected, for each Event.
SECTION 4 - GENERAL CONDITIONS
4.1. TERMINATION
4.1.1 This Agreement may be terminated by either party at any time upon sixty (60) days written notice, prior to a scheduled Event, and at any time upon thirty (30) days written notice between scheduled events.
4.1.2. In the event of termination, all fees due the Contractor for services rendered shall be paid by the [County/Municipality/Business], or as applicable, the Contractor shall pay all revenues due the [County/Municipality/Business] for Materials collected.
4.2. INSURANCE
4.2.1. The Contractor shall, at the Contractor's expense, secure and maintain in effect throughout the duration of this contract, insurance of the following kinds and limits. The Contractor shall furnish Certificates of Insurance to the [County/Municipality/Business] no later than one week before the Event. All insurance policies shall be written with insurance companies licensed to do business in the State of [State Name] and having a rating of not less than A IX, according to the latest edition of the A.M. Best Company; and shall include a provision preventing cancellation of the insurance policy unless thirty (30) days prior written notice is given to the [County/Municipality/Business]. This provision shall also be stated on each Certificate of Insurance as "Should any of the above described policies be canceled before the expiration date, the issuing company will mail 30 days written notice to the certificate holder named to the left".
4.2.2. The limits of liability for the insurance required shall provide coverage for not less than the following amounts, or greater where required by law.
(A) Commercial General Liability: i. Coverage to include Premise/Operations, Products/Completed Operations, Independent Contractors, Broad Form Property Damage, Contractual and Personal Injury. ii. Limits: General Aggregate $ 2,000,000 Products/Completed Aggregate $ 1,000,000 Each Occurrence $ 1,000,000 Personal Injury $ 1,000,000 iii. Coverage is to be written on an "occurrence" basis. iv. Products/Completed Operations coverage is to remain in force for a period of two (2) years after the completion of the project. v. Cover all claims arising out of the Contractor's operations or premises, anyone directly or indirectly employed by the Contractor, and the Contractor's obligations under indemnification under this Agreement.
(B) Worker’s Compensation: i. Shall be in accordance with the provisions of the laws of the State of [State Name], including occupational disease provisions, for all employees at the site of the project, and in case work is sublet, the Contractor shall require each of its Subcontractors similarly to provide Worker's Compensation Insurance. In case employees engaged in hazardous work under this contract at the site of the project are not protected under Worker's Compensation statute, the Contractor shall provide, and shall cause each its Subcontractors to provide, adequate and suitable insurance for the protection of employees not otherwise provided.
(C) Comprehensive Automobile Liability: i. Coverage to include all Owned, Hired, Non-owned vehicles, and/or trailers and other equipment required to be licensed. ii. Limits: Combined Single Limit $ 1,000,000
(D) Umbrella: i. Limits: Each Occurrence/Aggregate $ 2,000,000
(E) The [County/Municipality/Business] shall be named as additional insured on all insurance policies except Workmen’s Compensation and Professional Liability.
The Contractor understands and agrees that, except as to professional liability, any performance bond or insurance protection required by this contract or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the [County/Municipality/Business]as herein provided.
4.3. INDEMNIFICATION
4.3.1. The Contractor shall indemnify and hold harmless the [County/Municipality/Business], its officers or employees from any and all claims, suits, actions, costs, and fees, including attorney fees, of every nature or description arising from, growing out of, or connected with the performance of this Agreement because of any negligent act or omission, neglect, or misconduct of the Contractor, its employees and agents, or any of its subcontractors in the performance of this contract. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided
4.3.2. The Contractor shall be responsible for any and all damages to property or persons and for any losses or costs to repair or remedy construction as a result of any negligent act or omission, neglect, or misconduct in the performance of its work and shall indemnify and hold harmless the [County/Municipality/Business], its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting therefrom. Acceptance of the work will not relieve the Contractor of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. Except as to professional liability, these indemnities shall not be limited by the listing of any insurance coverage.
4.3.3. The Contractor shall not be responsible for any delay in the performance or progress of the Project, or liable for any costs or damages sustained by the [County/Municipality/Business]resulting from such delay, caused by any errors, omissions and/or negligent acts of the [County/Municipality/Business] or its agents, or by changes ordered in the work, or as a result of any federal, state or regulatory authority, or riot or civil commotion, or by any other cause beyond the Contractor's control. In the event of such delay, the Contractor will proceed with due diligence to alleviate the delay and continue the performance of its obligations under this Agreement.
4.3.4. The Contractor shall not be responsible for any damages which may occur as a result of any modifications made to the plans of the Contractor by others without the Contractor's knowledge, or for damages which may occur because of the improper or negligent acts of third parties.
4.3.5. The [County/Municipality/Business]will release and hold harmless the Contractor for delays or losses experienced by the [County/Municipality/Business] or others which result from the discovery of concealed conditions which require additional design, disposal, mitigation or other remedial action. When such discovery warrants the need for additional services, those services will be considered additional under section 2 of this Agreement.
4.4. FORCE MAJEURE
4.4.1. Neither the Contractor nor the [County/Municipality/Business] shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to: acts of God, war or insurrection, strikes or lockouts by the parties’ own employees, walkouts by the parties’ own employees, fires, natural calamities, riots or demands or requirements of governmental agencies.
4.5. GOVERNING LAW
4.5.1. This Agreement shall be governed by the laws of the State of [State Name] both as to interpretation and performance.
4.6. PROJECT MANAGEMENT CONTACTS
[County/Municipality/Business] CONTRACTOR [Name] Name: ______[Title] Title: ______[Address] Address: ______[Phone numbers] Phone: (w)______(c) ______[Email address] Email: ______
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized representatives on the day and date first written above.
[County/Municipality/Business] CONTRACTOR
[DEPARTMENT (IF APPLICABLE)] ______[COMPANY NAME]
By: ______By:______[Name] [Print Name]______[Title] [Print Title]______