Fill and Sign the This Agreement Made and Entered into on This Day of by Form

CONTRACT This Agreement made and entered into on this _____ day of ___________, ______, by and between the Town of ____________________, ____________________, acting by and through its Board of Alderman, hereinafter referred to as "Town", and ___________________ a division of ___________________ hereinafter referred to as "Company", WITNESSETH: WHEREAS, the Town is desirous of securing the services of the Company to operate a waste hauling service for the Town; andWHEREAS, the Company desires to provide the operation of a waste hauling service for the Town;NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:1. DEFINITIONS:1.1BAGS - 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.1.2BULKY WASTE - Stoves, refrigerators (provided such refrigerators have been tagged by a certified technician as being free of all refrigerants), water heaters, automobile parts, washing machines, furniture and other waste materials other than Construction Debris, Dead Animals, Hazardous Waste or Stable Matter with weights or volumes greater than those allowed for Approved Containers.1.3CONSTRUCTION DEBRIS - Waste building materials resulting from construction, remodeling, repair or demolition operations.1.4APPROVED 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 1.1, will also be approved containers.1.5DEAD ANIMALS - Animals 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.1.6GARBAGE - Any or all dead animals less than ten (10) pounds in weight except those slaughtered for human consumption: every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, 2 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.1.7HAZARDOUS 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.1.8 PRODUCER - An occupant of a Residential Unit within the Service Area who generates waste.1.9 REFUSE - Garbage consisting of all organic wastes resulting from the preparation and serving of food, but not commercial cooking oil waste and commercial FOG waste. 1.10RESIDENTIAL UNIT - A dwelling within the Service Area as hereinafter defined, occupied by a person or group of persons. A Residential Unit shall be deemed occupied when water services, either public or private, are being supplied thereto. Each unit of an apartment or condominium dwelling consisting of four (4) or less living units, whether of single or multi-level construction, shall be treated as a Residential Unit.1.11 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 Bulky Waste, Construction Debris, Dead animals, Garbage, Hazardous Waste or Stable matter.1.12SERVICE AREA - All Residential Units located within the corporate limits of the Town.2. RIGHTS AND OBLIGATIONSCompany covenants and agrees to operate a waste hauling service for Town in compliance with all rules, regulations and restrictions imposed by the Public Health Department of the State of ____________________.3. TERMS 3 The term of this Agreement shall begin on _______, ______ ("Commencement Date") and continue through _____________, ______.4.SERVICEThe service to be provided by Company hereunder shall be for the twice a week curbside collection of all Garbage and once a week curbside collection of Rubbish and Bulky Waste generated by the Residential Units in the Service Area. By current house count, _______ Residential Units shall be serviced by Company under this Agreement. Company may request periodic house counts which shall be conducted by Company (and representatives of Town if Town so request) and the compensation due Company shall be increased, no more often than quarterly, proportionately to the percentage increase in the number of Residential Units service hereunder.5. NEWLY DEVELOPED AND ANNEXED AREASThe Company will, within thirty (30) days of notification by the Town, provided solid waste collection services of the same frequency and quality required by the Company to newly developed and annexed areas. As new homes are constructed and occupied in the Town, the Company shall, after proper notification by Town, provide solid waste services as required by the Contract on the next scheduled day of collection following notification. The Company shall be responsible for notifying the Town of all collection locations being serviced with do not appear on the billing register.6. POINT OR CONTACTAll dealing, contacts, etc. between the Company and the Town shall be directed by the Company to the Mayor or his designee.7. HOURS AND DAYS OF OPERATIONCollection of refuse shall not begin before 7:00 a.m. each day. Refuse collection will be allowed on all weekdays and Saturdays. In special cases where the Company needs to work on Sunday, it shall first obtain written permission by the Mayor. Exceptions to collection hours shall be effected only upon the approval of the Mayor.The following holidays may be observed by the Company:New Year's Day Labor DayMemorial Day Thanksgiving DayIndependence Day Christmas DayThe Company may decide to observe any or all of the above-mentioned holidays by suspension of collection service on the holiday. 4 The Company shall be responsible for publicizing (and the expense of publishing) any changes in collection schedules due to observance of the above holidays. Property publicizing includes the purchasing of advertising from newspapers serving the affected area.8.APPROVED CONTAINERSGarbage placed in for collection shall be stored in Approved Containers. The Company shall not be required to collect Garbage 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.9. EXTRAORDINARY MATERIALSHazardous Wastes, body wastes, abandoned vehicles, excessive volume of Rubbish, vehicle parts, Bulky Waste, Construction Debris, large equipment and parts, and the Company under the terms of this contract will not collect Dead Animals.10. RATESAs compensation for this service, Town shall pay to Company the sum of Nine and 25/100 Dollars ($9.25) per Residential Unit and [Nine and 25/100 Dollar per Light Commercial Entity] on or before the fifteenth (15th) day of each month, following the month for which service is rendered under the terms of this Contract. Company shall be entitled to an increase in compensation to offset any in increase in disposal and fuel costs at the current, or any approved landfill used for disposal during the term hereof. Documentation of such increases shall be submitted to Town at its request. The Company also shall be entitled to an increase in its service rate to offset any increased costs associated with longer haul distance if the Town designates an alternated landfill for disposal. In addition, in the event Company becomes liable for or is required to collect and/or pay any governmental tax or surcharge upon collection or disposal of such garbage, such tax or surcharge shall be the responsibility of the Town to be paid along with Company's normal monthly compensation.11.INDEMNITYThe Company shall indemnify the Town against any claims, actions or suits including court costs and reasonable attorneys' fees, arising out of the Company's negligent or willful misconduct in providing the services herein required or in Company's operation of its equipment in connection with the performance of such services. 12. INSURANCEDuring the term of the contract, Company shall maintain in full force and effect the following insurance. 5 COVERAGELIMITS OF LIABILITYWorkmen's CompensationStatutoryEmployer's Liability$500,000.00Bodily Injury Liability $500,000.00 each occurrence except Automobile$500,000.00 aggregateProperty Damage Liability$500,000.00 each occurrence except Automobile$500,000.00 aggregateAutomobile Bodily Injury$500,000.00 each personLiability$500,000.00 each occurrenceAutomobile PropertyDamage Liability$500,000.00 each occurrenceExcess Umbrella Liability$500,000.00 each occurrence13.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 and is subject to increase as addressed in Section 10.14. RECYCLING SERVICESCounty grants to Company the right to compete with any offer which County receives (or intends to make) relating to the provision of recycling services during the term of this Contract, and agrees to give Company written notice of any such offer and a reasonable opportunity to respond to it.15.LOCATION OF COLLECTIONThe Residential Units will be required by the Town to place all Refuse and Bulky Waste in a location that is readily accessible to the Company and its equipment, not to exceed five (5) feet from curb or edge of traveled portion of road. Town will aid the Company in resolving problems of location of Refuse and/or Bulky Waste.16. SERVICE INQUIRIESAll complaints shall be made directly to the Company. The Company shall give all complaints prompt and courteous attention. In the case of alleged missed schedule collection, the Company shall investigate and if such allegations are verified, shall arrange for collection within twenty-four (24) hours of the time the complaint was received.17.NOTIFICATION OF CUSTOMERS 6 The Company shall notify all customers about service inquiry procedures, regulations and day(s) of collection.18. COMPANY'S PERSONNELa.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 drivers license for the type of vehicle he is driving.d. The Company shall provide operating and safety training for all personnel.e. No person shall be denied employment by the Company for reasons of age, race, sex, creed, or religion or national origin.REQUIREMENTS FOR TRASH COLLECTION 1.The Company will not be responsible for removal of contractor-generated construction debris nor waste generated by a professional tree surgeon. 2. The Company will not be responsible for removal of leaves or yard trimmings unless they are bagged. 3. The Company will not be responsible for removal of limbs and lumber unless it has been cut to lengths of five feet and bundled. 4. Trash collection will be located as provided for in Section 15, so that the Company will have adequate access to trash. 5. The Company will notify the Mayor should it encounter problems with compliance to Sections ___.1, ___.2, ___.3 or ___.4. 6. Continual radio dispatched collection for large items too heavy or bulky to go in Company's regular vehicles will be provided by Company. Each Residential Unit shall be entitled to one item of Bulky Waste per pickup. 7.The method of trash collection will be uniform across the Town. 7 20.FORCE MAJEUREFrom 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.21.PERMITS, LICENSES AND TAXESThe Company shall obtain at its own expense all permits and licenses required by law or ordinance and maintain same in full force and effect. The Company shall promptly pay all taxes required by local, state and federal laws.22.TERMINATIONExcept as otherwise provided herein, if either party breaches this Agreement or defaults 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 breach or default, unless a longer period of time is required to cure such breach or default and the party breaching or defaulting shall have commenced to cure such breach or default within said period and pursues diligently to the completion thereof, 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 fifteen (15) days in which to cure or commence curing; (b) cure the breach or default at the expense of the breaching 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 suffered as a result of such termination. In the event either party waives default by the other party, such waiver shall not be construed or determined to be a continuing waiver of the same or any subsequent breach or default.23. EXCLUSIVE CONTRACTThe Company shall have the sole and exclusive franchise license and privilege to provide residential [and light commercial] solid waste collection and removal services for and on behalf of the Town. This agreement shall not constitute a franchise or exclusive right to collect solid waste from [other] commercial, institutional and industrial units in the Town.24.NOTICEA letter addressed and sent by certified United States mail to either party at the business address specified shall be sufficient notice whenever required for any purpose in the Contract. Also, the address designated at this address may be changed from time to time by written notice sent by Certified U. S. Mail as provided herein.Town: The Town of 8 Companywith a copy to:25.MODIFICATIONThis Contract constitutes the entire Contract and understanding between the parties hereto, and it shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the parties hereto.26. COMPLIANCE WITH LAWThe Company shall conduct operations under this Contract in compliance with all applicable laws, provided, however, that the terms of this Contract shall govern the obligations of the Company where conflicting ordinances exist.27. LAW TO GOVERNThis Contract shall be governed by the laws of the State of ____________________ both as to interpretation and performance.This Agreement shall inure to the benefit of and be binding upon the successors and permitted assigns of the parties hereto.IN WITNESS WHEREOF, this Agreement has been executed in duplicate original on the day and in the year first above mentioned. The execution by Town is made pursuant to the authority granted by action of the Town Council of ____________, ____________________, entered at the regular meeting of said Town Council held on the 1st day of ______________, ________.THE TOWN OF ____________________________________ BY:_______________________________________WitnessITS: Mayor 9 ____________________________________________BY:_______________________________________WitnessITS: Division President