Open_agreement.docx

IMHD-PWE

IMHD-PWE

MEMORANDUM FOR:

SUBJECT: Open agreement

ARTICLE I:

1. Location of recyclable material: Bldg. 4621, south end of 72nd Street and Railhead Drive, Fort Hood, Texas 76544. Located 60 miles north of Austin, Texas and 60 miles south of Waco, Texas. Hour of operation 0730-1630, loading completed prior to 1530 Monday through Friday.

2. The point of contact for information is Ms. Pollyanna Reedy (254) 287-1606. Request interested parties’ exam the product at Fort Hood Recycle Center during regular business hours.

3. A forklift and driver will be made available by the DPW-ENV-RECYCLE to assist in loading the Purchaser’s vehicle. Loading is not available on weekends and or Federal Holidays; loading hours are 0730-1130 and 1230-1600.

ARTICLE II: The Purchaser.

1. The Purchaser agrees to pickup recyclable materials within 5 working days of notification (telephone, fax or e-mail) that a load is ready for shipment.

2. The Purchaser agrees to pay DPW-ENV-RECYCLE, within 15 days of invoice (monthly invoice). For the specified Recyclable Material according to the following schedule:

b. Payable to: DAO Fort Hood Recycle

c. Payments made in negotiable instruments, money orders and checks. Checks accepted with a guarantee of credit from issuing bank.

3. Transportation Charges: The Purchaser agrees to provide transportation related to the pick-up and or shipment of the Recyclable Material at no charge to DPW-ENV-RECYCLE.

4. Securing the load is the sole responsibility of the Purchaser and or his agent.

ARTICLE III: General Provisions

1. Default: If the Purchaser fails to pay for and or remove Recyclable Materials within the time allowed by this agreement, DPW-ENV-RECYCLE will send the Purchaser a default notice that must be cured within 10 days from mailing date. If Purchaser fails to cure default within the stated period, the Purchaser shall lose all rights, title and interest, which he may otherwise have acquired in and to such property as to which a default has occurred.

2. Weight Certification: The empty trailer will be weighed on the government scales located at Fort Hood, Texas. The loaded trailer will be weighed at same location prior to departing Fort Hood, Texas. Both, the Purchaser or representative and DPW-ENV-RECYCLE representative will be present and will certify the weight of the vehicle and vehicle load. Both parties will sign the weight ticket.

3. Insurance: The purchaser shall be required to provide and maintain during the entire period of this contract, at least the motor vehicle liability and bodily injury insurance as required by State and local laws.

4. Recycle Property. The purchaser or representative shall arrange with the POC for use of the facility and any government furnished equipment available for services. Purchaser/representative shall not make changes to Fort Hood Recycle owned facility or equipment. Should the purchaser/representative desire to make changes the purchaser shall present the proposed change to the POC in writing. The POC will respond in a timely matter.

5. Confidentiality/Privacy Act: Purchaser will take all pertinent steps to ensure all information contained in/on recyclable material be protected from viewing or dissemination. Failure to comply with this provision is a basis for termination of the contract.

6. TRANSPORTATION: The purchaser/representative must possess a valid driver’s license, insurance and registration of vehicle for access Fort Hood Recycle.

7. INDEMNIFICATION: Purchaser/representative agrees to hold and save harmless at all times the United States (including Fort Hood Recycle, its agents, representative, and employees) against any and all claims, demands, suits, judgments, costs, charges, and expenses arising out of or in connection with any loss, damage or injury resulting from the negligence or other fault of the purchaser, its agents, representatives, and employees. The purchaser will release the U S Government and Fort Hood Recycle from any and all liability from loss or damage to property and merchandise used by the purchaser and, or representatives in the operation of this event due to theft, fire, storm, flood, and damage or destruction through any force of nature or otherwise.

8. DAMAGES: The purchaser shall be financially responsible for any damages to the premises/building resulting from acts of omission or errors of the purchaser and their employees and, or representatives. Any acts of vandalism or theft shall be reported immediately to the installation Provost Marshall and Fort Hood Recycle POC. Fort Hood Recycle shall not be responsible or liable for the purchaser/representatives property.

9. TERMINATION: This agreement shall be subject to termination upon the occurrence of the following events: If either party hereto defaults on any of its material obligations, representations or warranties under this Agreement, the non-defaulting party shall notify the other party within thirty (30) calendar days after written notice of such default the defaulting party remedies the default, or this Agreement will terminate.

10. Point of contact for this memorandum is Ms. Pollyanna Reedy (254) 287-1606.

SELLER: PURCHASER:

Fort Hood Recycle

By:____________________________ By:_________________________

Fort Hood, Texas 76544