111-26 Agreement.pdf

Hazardous Materials Transportation Act, as amended; and the federal Resource Conservation and Recovery Act, as amended ("RCRA"); those substances defined as "hazardous substances," "materials," or "wastes" under any Federal law or the law of the State of New Jersey; and as such substances are defined in any regulations adopted and publications promulgated pursuant to said laws (collectively, "Environmental Laws"). If Contractor's activities or the activities of any of Contractor's Agents violate or create a risk of violation of any Environmental Laws, Contractor shall cause such activities to cease immediately upon notice from the Township. Contractor shall immediately notify the Township both by telephone and in writing of any spill or unauthorized discharge of Hazardous Substances or of any condition constituting an "imminent hazard" under any Environmental Laws. Contractor's indemnification obligations and duties hereunder shall survive the termination and/or expiration of this Agreement. 17. Criminal Background Checks. Contractor shall be responsible for causing each employee, contractor, sub-contractor and/or other person performing Cleaning Services hereunder to sign the Investigation Authorization and Release form, attached hereto as Exhibit “C”, and incorporated herein and furnishing said Release forms to the Township. The Parties agree that in the event any criminal background check discloses a conviction of any felony and/or a misdemeanor involving moral turpitude, including, but not limited to, a conviction of any of the Disqualifying Criminal Offenses of Public Act, then such employee, contractor, sub-contractor and/or other person shall be prohibited from performing any Cleaning Services and/or other work hereunder. 18. Termination of Agreement. Notwithstanding any provision herein to the contrary, the Township may terminate this Agreement with or without cause by providing, not less than five (5) days prior written notice of termination to Contractor. In the event Contract fails to maintain the Minimum Insurance Requirements defined above, then the Township may immediately terminate this Agreement. 19. Permits and Licenses. Contractor shall obtain all permits and licenses required to perform the Cleaning Services, and the cost of such permits, licenses and any other requirements imposed

19. Permits and Licenses. Contractor shall obtain all permits and licenses required to perform the Cleaning Services, and the cost of such permits, licenses and any other requirements imposed hereunder are included in the Contract Sum set forth in paragraph three (3) herein. 20. Relationship of the Parties. It is understood, acknowledged and agreed by the parties that the relationship of the Contractor to the Township arising out of this Agreement shall be that of an independent contractor. Neither Contractor, nor any employee, subcontractor or agent of Contractor, is a partner, joint venturer, employee and/or agent of the Township, and therefore is not entitled to any benefits provided to employees of the Township. Contractor has no authority to employ/retain any person as an employee or agent for or on behalf of the Township for any purpose. Neither Contractor nor any person engaging in any work or services related to this Agreement at the request or with the actual or implied consent of the Contractor may represent himself to others as an employee, agent, partner, and/or joint venturer, of the Township. Should any person indicate to the Contractor or any employee, subcontractor or agent of Contractor by written or oral communication, course of dealing or otherwise, that such person