Solid Waste/Recycling Cost
Reduction
Client:
__________________________________________________
Address:
__________________________________________________
City, State,
Zip:
__________________________________________________
Contact:
__________________________________________________
Telephone: _____________________
Fax:
________________________
I.
PURPOSE: The undersigned, hereinafter called CLIENT,
has entered into an Agreement in writing this date with ADVANCED
Waste Management, hereinafter called CONSULTANT, to serve as
Consultant for CLIENT to reduce and improve expenses related to
waste and recycling.
II.
SCOPE OF WORK: CONSULTANT will evaluate CLIENT's
current waste and recycling programs and will examine relevant
contracts and expenses incurred in these areas for the purpose
of determining overcharges which may now exist or have existed
in the past. CONSULTANT will prepare necessary documentation
and negotiate with the proper companies to correct overcharges
and obtain refunds and/or credits for past overcharges.
Further, CONSULTANT will reduce future waste and recycling
expenses on behalf of CLIENT utilizing the following process
through which CONSULTANT will:
a.
Collect information relating to CLIENT’s current waste
and recycling programs and associated expenses (the benchmark);
b.
Analyze collected information and develop recommendations
designed to reduce future waste and recycling expenses;
c.
Present recommendations along with the expected savings
to CLIENT for review and approval. Approval of recommendations
that will yield a positive financial impact will not be
unreasonably withheld;
d.
Implement approved recommendations at CLIENT locations;
and
e.
Provide ongoing monthly reports quantifying the savings
generated.
CLIENT shall
give its full cooperation to CONSULTANT in completing any forms
and providing required information in a timely manner. All
information received and the terms of this Agreement shall be
held completely confidential by both Parties.
III.
CONSULTANT COMPENSATION (REFUNDS): CLIENT agrees to pay
CONSULTANT fifty percent (50%) of all refunds or credits secured
by CONSULTANT on behalf of CLIENT due to past waste and
recycling billing errors and overcharges occurring prior to the
execution of this Agreement. Payment shall be due within thirty
(30) days from the date the credit first appears on CLIENT’s
billing, or upon receipt of a refund.
IV.
CONSULTANT COMPENSATION (FUTURE BILLING REDUCTIONS): If
CONSULTANT affects a reduction in CLIENT’s future waste and/or
recycling expenses through the implementation of CONSULTANT’s
recommendations (as more fully defined in paragraph II above),
CLIENT agrees to pay CONSULTANT fifty percent (50%) of these
quantifiable future billing reductions on a monthly basis for a
period of sixty (60) months beginning the month when CLIENT
first realizes the savings and payable by the 30th day of each
month thereafter. “Reduction” shall mean the difference between
CLIENT’s expenses as of the date of this Agreement (the
benchmark) and CLIENT’s expenses following the implementation of
CONSULTANT’s recommendations. If a reduction cannot be
achieved, then no fees shall be due CONSULTANT under this
section.
V.
TERM AND ONGOING SERVICES: The term of this Agreement
shall be sixty (60) months from the date of acceptance by both
Parties. Any fees earned pursuant to paragraph IV above shall
survive the term of this Agreement. During the term of this
Agreement, CONSULTANT shall:
a.
Provide CLIENT a monthly savings report detailing the
actual monthly savings achieved (per location) through the
implementation of CONSULTANT’s recommendations;
b.
Examine CLIENT’s waste and recycling invoices and
receipts for future errors and overcharges and make necessary
corrections on behalf of CLIENT. Said corrections will not be
subject to compensation to CONSULTANT as defined in paragraph
III above;
c.
Assist CLIENT in the resolution of vendor-related service
issues which may arise at CLIENT’s locations;
d.
Evaluate the accuracy and validity of any and all vendor
price increases, and;
e.
Provide recommended language for, and negotiate new waste
and recycling vendor service agreements on behalf of CLIENT when
applicable.
VI.
PROPRIETARY WORK PRODUCT: CLIENT agrees that all
reports, analysis, and recommendations and opportunities
identified by CONSULTANT for CLIENT are considered CONSULTANT’s
“Confidential and Proprietary Work Product” and may not be
implemented by CLIENT at any CLIENT facility unless CONSULTANT
is compensated as set forth in paragraphs III and IV of this
Agreement.
VII.
SUCCESSORS AND ASSIGNS: This Agreement shall be binding
upon the Parties and their successors or assigns, including
merger partners and purchasers of all, or substantially all, of
the assets and business of either Party.
VIII.
ENTIRE AGREEMENT: This Agreement represents the entire
understanding between the Parties and may only be amended in
writing by mutual consent of the Parties. This Agreement shall
be governed by, construed and enforced in accordance with the
laws of the State of New Jersey. Parties agree to submit their
respective jurisdiction and venue to the state and federal
courts sitting in the State of New Jersey to resolve any
disputes or disagreements that may arise under any provision of
this Agreement. The Parties further agree to institute such
actions only before the courts of the State of New Jersey.
Agreed to
and accepted on Date:
___________________________
CONSULTANT
BY:
(Signature)
__________________________________________
James V. Krasnov, Authorized Signator
BY: (Signature)
__________________________________________
Authorized Signator
PRINT NAME: _________________________________________________
TITLE:
________________________________________________
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