Fill and Sign the Grease Trap Cleaning Services S2015 02 Metropolitan Pier Form

Cleaning Services Agreement Agreement made on the ________________ (date) , between _____________________ (Name of Owner) 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, and ____________________________ (Name of Contractor), 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 Contractor.Whereas, Contractor provides commercial and institutional and contract-cleaning services on a continuing basis; andWhereas, Owner desires Contractor to supply cleaning services to its property located at ____________________________________________________________________________ (street address, city, county, state, zip code), hereinafter called the areas to be serviced; and Whereas, Contractor agrees to perform these services for Owner under the terms and conditions set forth in this Contract.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. ServicesBeginning on ________________________ (date), Contractor will provide and perform for Owner, in the buildings and areas to be serviced, the services described in the exhibit attached to this Agreement, marked Exhibit A.2.Employees, Taxes, and the LikeA. All personnel furnished by Contractor will be employees of Contractor.B. Contractor will pay all salaries and expenses of these employees, as well as all federal and state tax withholding amounts, social security, federal and state unemployment taxes, and any similar payroll taxes relating to these employees.C. Contractor will carry workers' compensation insurance for its employees as specified in Section Four of this Agreement.D. Contractor will be considered, for all purposes, an Independent Contractor.E. Contractor will not, directly or indirectly, acts as an agent, servant or employee of Owner, or make any commitments or incur any liabilities on behalf of Owner without Owner's express written consent.3. SafeguardsContractor will provide for all proper safeguards, and shall assume all risk incurred, in performing its services under this Agreement. 4.Insurance Contractor will provide the insurance coverage set forth in this Section and deliver to Owner certificates of insurance on request, as follows:A. Comprehensive liability: (describe policy limits for bodily injury and property damage coverage) ______________________________________________________ ______________________________________________________________________.B. Workers' compensation coverage: (description of policy limits for coverage) ______________________________________________________________________ ______________________________________________________________________.5. Responsibility for CleaningWithout limiting the responsibility of Contractor for the proper conduct of its personnel and the cleaning of the areas to be serviced, the conduct of the cleaning personnel is to be guided by rules and regulations as agreed upon between Owner and Contractor and any additional special written instructions as may be issued by Owner to Contractor through its designated agent.6. Supervision of PersonnelA. Contractor is responsible for the direct supervision if its personnel through its designated representatives.B. Contractor's representatives will be available at all reasonable times to report and confer with the designated agents of Owner with respect to services rendered.7. Efficiency of EmployeesA. Contractor agrees that the services to be provided under this Agreement will be performed by qualified, careful and efficient employees in strict conformity with the best practices and highest applicable standards.B. Contractor agrees that, on request of Owner, Contractor will remove from its services under this Agreement, any of its employees who, in the opinion of Owner, are guilty of improper conduct or are not qualified to perform the work assigned to them.8. Hiring of Employees of ContractorDuring the term of this Agreement, and for _____ (number) days after the expiration of this Agreement, Owner will not, directly or indirectly, hire any person employed by Contractor.9. Payment for ServicesA. In exchange for performance of services, Owner shall make payment to Contractor for services rendered under this Agreement at the rate of $__________ per week, payable on the first business day of the week following the week the services were performed.B. The consideration agreed upon is based on Contractor's current charges for like work at other locations, and is subject to change in the event of increases in the cost of providing employees to perform the services specified in this Agreement. Contractor will give Owner at least ______ (number) days' notice of any price change for services rendered. C. Owner will notify Contractor of any changes in the use of the areas covered by this Agreement and any changes in the furnishings, floors and wall and ceiling surfaces forming a part of Owner 's premises.10. Performance of ServicesContractor will perform all services required under this Agreement, except when prevented by strike, lockout, act of God, accident or other circumstance beyond its control.11. Termination of AgreementThis Agreement shall continue in effect until terminated by either party. Termination shall be effected by giving ______ (number) days' written notice by certified mail addressed to the other party at the address of each party set forth above, or such other address as the party may advise the other party from time to time.12. No Waiver The 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. 13. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.WITNESS our signatures as of the day and date first above stated.__________________________ __________________________ (Name of Contractor) (Name of Owner) By:______________________________ By:_____________________________ ___________________________________________________________(Printed name & Office in Corporation) (Printed name & Office in Corporation_________________________ ________________________ (Signature of Officer) (Signature of Officer)