2022-05-01 Mowing Contract - Mark HodsonINDEPENDENT CONTRACTOR AGREEMENT
This Agreement made this 1St day of May 2022, between the Blair Airport
Authority; Hereinafter referred to as the "Authority" and Mark Hodson, hereinafter
referred to as the "Contractor".
Whereas, Authority secured a proposal for the turf mowing in and around the
hangar areas, glider landing area, and an area in and along the runways and taxi lanes at
the Blair Airport as shown attachment A, and
Whereas, the contract will include performance of minor maintenance the needs to
be performed from time to time as may be identified by contractor and agreed to by
Authority on Airport property for the safe operations of the airport and airport patrons.
For valuable consideration and the mutual promises and covenants herein, the
parties hereto agree as follows:
1) Independent Contractor: Authority hereby retains the services of
Contractor to act as an independent contractor for the purpose of
turf mowing of the Airport areas and minor maintenance that may
need to be performed at said airport for the safe operations of the
airport. Contractor hereby agrees and understands that it is an
independent contractor and is not an agent or employee of the
Authority.
2) Term of Agreement: Subject to the terms and conditions set forth
for termination hereof, this Agreement shall commence on April 1,
2022, and shall terminate on March 31, 2026; provided however,
this Agreement may be terminated under the following conditions:
a) Contractor may terminate this Agreement by giving
written notice of termination on or before December 31
of each calendar year during the term of this
Agreement. In the event contractor delivers such
written termination, this Agreement shall terminate on
January 1St of the succeeding year.
b) In the event that the Authority, in its sole and absolute
discretion, deems that the Contractor is in default of the
terms of this Agreement, Authority shall serve
Contractor with written notice stating the nature of the
default and providing a reasonable period of time for
satisfactory correction thereof, said reasonable period
of time to not bee less than thirty (30) days. In the
event that Contractor has not satisfactorily corrected the
default to the satisfaction of Authority, in City's sole
and absolute discretion, within in said thirty (30) day
period, then Authority shall so notify Contractor of its
default and this Agreement shall terminate upon
delivery of such notice of default; provided further, that
in the event Authority terminates the Agreement
pursuant to this provision, Authority shall have the right
to contract with a third party to have the services
performed.
Services: Contractor agrees to mow all turf and right-of-way areas designated on Exhibit
"A" attached hereto, and incorporated by this reference herein on the following schedule:
a) All turf areas are to be mowed a minimum of every two
weeks or as needed to allow for the proper use of
mowing equipment at contractor's discretion and area
used as landing area for glider activity shall be mowed
weekly or as often as necessary to allow for safe use by
the glider activity. Authority reserves the right to
request Contractor to mow additional times upon
reasonable notice.
b) All turf areas shown in exhibit A shall be mowed to a
height as directed by the Authority and included
trimming around all obstacles or protrusions and
removing all grass clippings off of paved surfaces.
c) Contractor shall furnish all necessary vehicles,
equipment, tools and labor to perform the services
described hereinabove, in a timely and workmanlike
manner.
d) Contractor shall furnish all necessary vehicles,
equipment, tools and labor to perform the services
described hereinabove, in a timely and workmanlike
e) Contractor shall perform other maintenance on
Authority property as to assist in maintaining the airport
in safe condition to include but not limited to minor
repair to hangars, assist in securing hangar repair, repair
of runway and taxi lane lighting, area lighting, restroom
maintenance, etc.
2
4) Insurance Requirements: Contractor shall be required to maintain the
following insurance:
a) Workman's Compensation Act — Contractor shall
maintain liability insurance that will protect Contractor,
or its sub -contractors, from claims under the Nebraska
Workman's Compensation Act, as may be warranted.
b) Commercial General Liability Insurance — Contractor
shall maintain a commercial general liability insurance
policy in an amount of at least Five Hundred Thousand
Dollars ($500,000) with a deductible of not more than
Two Hundred Fifty Dollars per occurrence covering
bodily injury, including death and property damage
which may arise from or during operations under this
agreement.
Contractor shall provide Authority with a certificate of insurance
evidencing the existence of the policies of insurance and further provide
that City shall be given at least thirty (30) days notice prior to cancellation
of any of such policies of insurance.
5) Compensation:
a) Authority agrees to pay Contractor the contractor monthly based
on invoice from Contractor for all hours worked based on itemized
statement showing date, hours, and work performed at the
following rates:
i) Mowing - $65.00 per hour.
ii) Maintenance - $45.00 per hour
iii). Authority agrees to renegotiate the above hourly rates, from
time to time, as may be reasonable and necessary to allow the
contractor to make a reasonable return for hourly work performed.
6) It is agreed that contractor shall have the use of small storage area at
the east end of Suite C to store mowing equipment and other
equipment as necessary for the performance of this contract.
7) Employees: Contractor shall not employ any person whose
employment on or in comlection with this contract may be
objectionable to Authority and Contractor agrees to reassign any such
person when objected to by Authority.
8) Government Regulations/Laws: The Contractor shall comply with all
federal and state laws, codes and regulations and all codes and
regulations of the Authority and to pay all fees, taxes and expenses
connected with compliance thereof and also to pay all taxes imposed
by any federal or state law or any employment insurance or other such
expense associated with its employees.
Contractor further agrees to comply with the Occupational Safety and
Health Act of 1970, as amended, and any and all regulations issued
pursuant. As a term and condition of this agreement, the Contractor
shall keep and save the City harmless from any claims or charges of
any kind by reason of the Contractor failing to comply with the
Occupational Safety and Health Act of 1970, as amended, and the
regulations thereto and agrees to reimburse City for any fines,
damages or expenses of any kind incurred by City by reason of the
Contractor's failure to so comply.
9) General Indemnification: Contractor agrees to indemnify and hold
harmless from any and all claims, causes of action, losses or other
liability arising, directly or indirectly, from the services contemplated
under this Agreement.
10) Assignment: This Agreement shall not be assigned by either party.
11) Time is of the Essence: Time is the essence of this Agreement.
12) Binding Effect: This Agreement shall be binding upon and insure to
the benefit of the parties hereto, their successors or assigns.
Blair Airport Authority
Contractor
By ( By
c �r
ATTEST: ATTEST: