AGREEMENT, between ________________________ (Governmental Entity) hereinafter
referred to as the "ENTITY" and _______________________ (name of other
party) hereinafter referred to as "CONTRACTOR."
W I T N E S S E T H :
WHEREAS, the ENTITY has approximately
______ used tires, some of which are on rims, on its premises at
______________________________________________________________, which tires are
hereinafter referred to as the "ABANDONED TIRES," and
WHEREAS, ENTITY estimates that the
ABANDONED TIRES consist of approximately _____ passenger
tires, _____ pickup tires, _____ truck tires, _____ farm implement tires,
_____ earth moving tires, and _______ other miscellaneous tires,
WHEREAS, the CONTRACTOR has obtained
permission to dispose of the ABANDONED TIRES on the premises located at
__________________________________________________, hereinafter referred to as
the "DISPOSAL SITE," and
WHEREAS, CONTRACTOR has agreed to
remove the ABANDONED TIRES from the premises of the ENTITY and transport them to
and dispose them upon the DISPOSAL SITE for the compensation provided herein,
and
WHEREAS, ENTITY has required certain
conditions to this Agreement as provided herein and agreed upon by CONTRACTOR.
NOW, THEREFORE, the parties hereto
agree as follows:
1.
REMOVAL OF ABANDONED TIRES: CONTRACTOR
agrees to remove the ABANDONED TIRES from the premises of the ENTITY and
transport them to and dispose of them upon the DISPOSAL SITE in accordance with
this Agreement. CONTRACTOR agrees
to comply with all federal, state, city, and local laws, ordinances, rules, and
regulations, and all health rules and regulations in making such removal and
disposal of the ABANDONED TIRES. It
is agreed that such removal of the ABANDONED TIRES shall take place only during
daylight hours and in accordance with the agreement of the parties.
2.
CERTIFICATION OF DISPOSAL SITE:
As a condition to this Agreement, CONTRACTOR has obtained a written
agreement and/or all licenses, permits, etc., necessary for the use of the
DISPOSAL SITE to dispose of ABANDONED TIRES, indicating the number of tires
which can be disposed of at the DISPOSAL SITE, copies of the referenced
agreements, licenses, permits, etc., are attached to this Agreement.
3.
EQUIPMENT OF CONTRACTOR: CONTRACTOR warrants and represents that
he has sufficient trucks and equipment to remove and dispose of the ABANDONED
TIRES and that such trucks and equipment include the
following:________________________________________________________________.
4.
INDEMNIFICATION: CONTRACTOR
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 CONTRACTOR,
CONTRACTOR’s agents, employees, or representatives under this Agreement.
5.
INSURANCE: CONTRACTOR
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 CONTRACTOR, all
CONTRACTOR’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
CONTRACTOR’s acts. CONTRACTOR shall provide proof of liability coverage as set
forth above to ENTITY prior to commencing its performance as herein provided.
6.
WORKER’S COMPENSATION: CONTRACTOR
shall maintain in full force and effect worker’s compensation for CONTRACTOR
and any agents, employees, and staff that the CONTRACTOR may employ, and provide
proof to ENTITY of such coverage or that such worker’s compensation insurance
is not required under the circumstances.
7.
INDEPENDENT CONTRACTOR: The
parties agree that CONTRACTOR 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
CONTRACTOR, except to specify the time and place of performance and the results
to be achieved. CONTRACTOR agrees to pay and be responsible for all taxes due
from the compensation received under this Agreement.
8.
TIME OF PERFORMANCE: CONTRACTOR
agrees to commence work on removing the ABANDONED TIRES from the premises of the
ENTITY on ______________________ and to complete the removal on
____________________. (This is a
continuing Agreement for the removal of ABANDONED TIRES as they accumulate on
the premises of the ENTITY. This
Agreement shall commence on ______________ and terminate on ________________,
and shall apply to all ABANDONED TIRES which accumulate on the premises of the
ENTITY. CONTRACTOR agrees to remove
all such accumulated ABANDONED TIRES at least weekly during the term of this
Agreement.)
9.
COMPENSATION: ENTITY
agrees to pay CONTRACTOR compensation for removing and disposing of the
ABANDONED TIRES as follows:
Passenger Tires
$____________ each
Pickup Tires
$____________ each
Truck Tires
$____________ each
Farm Implement Tires
$____________
each
Earth Moving Tires
$____________ per ___________
Miscellaneous Other Tires
$____________ per ___________
CONTRACTOR
shall bill the ENTITY at the end of each month for the ABANDONED TIRES removed
from the premises and ENTITY shall pay CONTRACTOR the agreed compensation within
ten (10) days of receipt of billing. CONTRACTOR
agrees to maintain accurate records of the number of ABANDONED TIRES removed and
disposed of from the premises and to allow the employees and agents of ENTITY to
inspect such records at all reasonable times.
10. SUBCONTRACTORS: CONTRACTOR
warrants and represents that its only subcontractors are
______________________________________________________________ and that no other
subcontractors will be working under this Agreement.
ENTITY shall have the right to pay said subcontractors directly and
deduct the amount thereof from payments due to CONTRACTOR under this Agreement.
11.
SAFETY: CONTRACTOR
shall take all necessary precautions for the safety of its employees, the
employees of the ENTITY and the public in the vicinity where the ABANDONED TIRES
are being removed.
12.
COMPLIANCE WITH LAW: CONTRACTOR
shall comply with all applicable provisions of federal, state, city, and local
safety laws, including the acquisition of any required permits.
13.
ASSIGNMENT: The
assignment of this Agreement by CONTRACTOR is prohibited.
14.
ENTIRE AGREEMENT: This is the entire agreement of the parties and
can only be modified or amended in writing by the parties.
15.
ATTORNEY FEES: In the
event legal action is brought to enforce any of the provisions of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney
fees and court costs for the prosecution of the action.
16.
RECITALS: The above
and foregoing recitals shall be considered a part of this Agreement for all
purposes.
DATED this _______ day of
_______________, 20____.
|
ENTITY: _____________________________________ (Governmental Entity) By__________________________________ Its___________________________________ ATTEST: _____________________________________ Clerk
of _____________________________ (County, City or other Governmental
Entity) |
CONTRACTOR: By__________________________________
(Name) Its___________________________________
(Title or Office) WITNESS: _____________________________________(Signature
of Witness or Notary Public) |
Form
and content approved by __________________ as attorney for _______________ (Governmental
Entity).