Fill and Sign the Contract between a Waste Management Company and the Owner Form

Contract between a Waste Management Company and the Owner of an Apartment Complex This Agreement made on the __________________________________________ (date), between _______________________________________________________ (Name of Waste Management Company) , of ______________________________________________________ _____________________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Company, and ___________________________________________ (Name of Owner of Apartment Complex), a corporation organized and existing under the laws of the state of ________________________, with its principal office located at __________________________________________________ ___________________________________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Owner. WHEREAS, Owner is desirous of securing the services of the Company to operate a waste hauling service for the Owner regarding the Apartment Complex owned by Owner and located at _____________________________________________________________________ ______________________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Apt. Complex; and WHEREAS, the Company desires to provide the operation of a waste hauling service for the Owner regarding Apt. Complex ; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS: A. BAGS Plastic sacks designed to store and enclose Refuse with sufficient wall strength to maintain physical integrity when lifted by top. Total weight of a bag with contents shall not exceed forty (40) pounds. B. CONSTRUCTION DEBRIS Waste building materials resulting from construction, remodeling, repair or demolition operations. C. APPROVED CONTAINER A receptacle with a capacity of thirty (30) gallons or less not to exceed sixty (60) pounds, constructed or plastic, metal or fiberglass having handles of adequate strength for lifting and having a tight fitting lid capable of preventing entrance into the container by vectors. Commercially available trash bags, as described in Section A, will also be approved containers. D. DEAD ANIMALSAnimals or portions thereof equal to or greater than ten (10) pounds in weight that have expired from any cause, except those slaughtered or killed for human use. E. GARBAGE Any or all discarded animal and vegetable matter, as from a kitchen; refuse; trash; food wastes; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, gains, or other animal or vegetable matter including, but by no way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract files or rodents. F. HAZARDOUS WASTE Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or appropriate agency of the State to be "hazardous" as that term is defined by or pursuant to Federal or State law or regulations. G. PRODUCER An occupant of the Apt. Complex who generates waste. H. REFUSE Garbage and Rubbish generated by an occupant of the Apt. Complex. I. RUBBISH All waste wood, wood products, Christmas trees, tree trimmings, grass, cuttings, dead plants, weeds, leaves, dead trees, or branches thereof, chips, shavings, sawdust, painted matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any or all other waste materials not included in the definition of Garbage or Refuse. 2. RIGHTS AND OBLIGATIONS Company covenants and agrees to operate a waste hauling service for Apt. Complex in compliance with all rules, regulations and restrictions imposed by the Public Healt h Department of the State of ______________________________. 3. TERM The term of this Agreement shall begin on _____________________________________ (date) (the Commencement Date ) and continue through _________________________________ (date) . 4. SERVICE The service to be provided by Company hereunder shall be for the twice a week collection of all Garbage, Refuse, and Rubbish generated by the occupants of Apt. Complex. 5. HOURS AND DAYS OF OPERATION Collection of Refuse shall not begin before 7:00 a.m. each day. Refuse collection will be allowed on all weekdays and Saturdays, if necessary. The following holidays may be observed by the Company :  New Year's Day  Labor Day  Memorial Day  Thanksgiving Day  Independence Day  Christmas Day The Company may decide to observe any or all of the above-mentioned holidays by suspension of collection service on the holiday. 6. APPROVED CONTAINERS Refuse placed in for collection shall be stored in Approved Containers. The Company shall not be required to collect Refuse unless it is in Approved Containers. Rubbish shall be, to the extent possible, placed in Bags or an Approved Container. All limbs, brush, or lumber shall be cut into lengths of four (4) feet or less and bundled. 7. EXTRAORDINARY MATERIALS The Company, under the terms of this contract, will not collect Dead Animals, Hazardous Wastes, body wastes, abandoned vehicles, excessive volume of Rubbish, vehicle parts, Construction Debris, or large equipment and parts. 8. RATES As compensation for this service, Owner shall pay to Company the sum $_____________ (dollar amount) on or before the fifteenth (15th) day of each month, following the month for which service is rendered under the terms of this Contract. 9. INSURANCE During the term of the contract, Company shall maintain in full force and affect the following insurance. COVERAGE LIMITS OF LIABILITY Workmen's Compensation Statutory Amount Employer's Liability $500,000.00 Bodily Injury Liability $500,000.00 each occurrence Property Damage Liability $500,000.00 each occurrence Automobile Bodily Injury $500,000.00 each person Property Damage $500,000.00 each occurrence Excess Umbrella Liability $500,000.00 each occurrence 10. DISPOSALAll waste collected by Company shall be disposed of by Company at a disposal site permitted by the State of ______________________________. The disposal charges applicable to the garbage which is the subject matter of this Contract is included within the compensation. 11. LOCATION OF COLLECTION (Specify location and any particulars regarding receptacles of Apt. Complex) ________ ________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________ 12. COMPANY'S PERSONNEL A.The Company shall assign a qualified person or persons to be in charge of its performance of this Contract. B. The Company's collection employees shall wear a uniform or shirt bearing the Company's name. C. Each employee shall, at all times, carry a valid driver’s license for the type of vehicle he/she is driving. D. The Company shall provide operating and safety training for all personnel. 13. FORCE MAJEURE From and after the Commencement Date , Company's performance hereunder may be suspended and its obligations hereunder excused in the event and during the period that such performance is prevented by an Act of God or such other cause or causes beyond the reasonable control of Company unless such cause or causes is a result of action or nonaction by Company. 14. PERMITS, LICENSES AND TAXES The Company shall obtain at its own expense all permits and licenses required by law or ordinance and maintain same in full force and effect. 15. TERMINATION Except as otherwise provided herein, if either party breaches this Agreement or default s in the performance of any of the covenants or conditions contained herein for fifteen (15) days after the other party has given the party breaching or defaulting written notice of such bre ach or default, the other party may: (a) terminate this Agreement as of any date which the said other party may select provided said date is at least thirty (30) days after the fift een (15) days in which to cure or commence curing; (b) cure the breach or default at the expense of the breac hing or defaulting party; and/or (c) have recourse to any other right or remedy to which it may be entitled by law, including, but not limited to, the right for all damage or loss suffere d as a result of such termination 16. No WaiverThe failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 17. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ___________________________. 18. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 19. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 20. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 21. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 22. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 23. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. _______________________________________ ____________________________________ (Name of Owner) (Name of Company) By: ____________________________________ By: ________________________________ _______________________________________ ____________________________________ (Printed Name & Office in Corporation) (Printed Name & Office) ________________________________________ ____________________________________ (Signature of Officer) (Signature of Officer)