FORM 119


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____.



(Governmental Entity)





Clerk of _____________________________

(County, City or other Governmental Entity)





    (Title or Office)


_____________________________________(Signature of Witness or Notary Public)

Form and content approved by __________________ as attorney for _______________ (Governmental Entity).