HAY TIME
YORKSHIRE DALES NATIONAL PARK
AND
FOREST OF BOWLAND
SEED HARVESTING AND SPREADING
SERVICE AGREEMENT
HT/YDFB/16
THIS AGREEMENT is dated
** February 2016
PARTIES:
(1)
Yorkshire Dales Millennium Trust of Old Post Office, Main Street, Clapham, North
Yorkshire, LA2 8DP (“YDMT”).
(2)
(“the Contractor”).
BACKGROUND:
(A)
YDMT wishes to appoint a contractor to operate meadow seed harvesting and
spreading equipment in the Yorkshire Dales National Park (“the National Park”)
and the Forest of Bowland Area of Outstanding Natural Beauty (“the AONB”) so
as to enhance and restore species-rich hay meadows in these protected areas.
(B)
It is expected that a number of schemes will take place between July and early
October (depending on the restoration method and weather), but until detailed
schedules are in place it is difficult to say how many days work the Contractor is
likely to be offered, and the contract does not guarantee a fixed number of days of
work.
(C)
The Contractor has agreed to accept appointment on the terms and conditions of
this Agreement.
AGREED TERMS:
1.
INTERPRETATION
1.1
The following definitions and rules of interpretation set out in this clause 1 may apply
in this Agreement:
Agreement: these terms entitled "Seed Harvesting and Spreading Service
Agreement", the terms entitled “Contract Specification for Meadow Seed Harvesting
and Spreading”, and the tender form and supporting documents submitted by you.
Equipment: the equipment that YDMT owns or has access to as set out in Schedule
A.
Project Officers: The two officers appointed by YDMT to coordinate restoration
schemes in the National Park and the AONB.
Reference Material: Material relating to hay meadows and their management and
seed harvesting and spreading.
Season: 1 July to early October.
Seed Harvesting and Spreading Service Agreement
2.
YDMT OBLIGATIONS
2.1
YDMT will:
2.1.1 through the Project Officers provide details of landowners who are interested
in restoring their meadows and who would be prepared to consider using the
services of the Contractor for this purpose it being clearly understood that if a
landowner decides to use the services of the Contractor such services will be
provided under an agreement between the landowner and the Contractor and
payment would be made by the landowner to the Contractor for the services
provided by the Contractor
2.1.2 without charge to the Contractor provide some or all of the Equipment for use
in schemes approved by the Project Officers
2.1.3 provide free training in the use, operation and maintenance of the Equipment,
where necessary.
3.
THE CONTRACTOR OBLIGATIONS
3.1
The Contractor will provide at its own expense:
3.1.1 the personnel, equipment and transport necessary for the restoration services
that the Contractor is contracted to deliver, as specified in the Contract
Specification for Meadow Seed Harvesting and Spreading. [this clause will be
amended to detail the restoration services the Contractor is contracted to
deliver]
3.2
The Contractor has on the signing of this Agreement provided evidence to the
satisfaction of YDMT that the Contractor:
3.2.1 has insured the Equipment against all normal risks with a reputable insurer on
normal terms
3.2.2 carries employers and public liability insurance with a reputable insurer
sufficient for the Contractor’s work on the project and the seed harvesting and
spreading service.
3.3
The Contractor undertakes to ensure that where relevant the interest of YDMT is
noted on any policy of insurance referred to in this clause 3 and further undertakes to
notify YDMT immediately of any event that may lead to a claim being made by the
Contractor in respect of the insurance cover referred to in clause 3.2.
3.4
Throughout the period covered by this Agreement the Contractor undertakes to
keep in full force any such insurance policy as covers the risks identified in clause 3.2
and in the event that for whatever reason any such insurance policy is cancelled or
lapses then the Contractor herby agrees to indemnify YDMT in respect of any loss
liability cost or expense incurred by YDMT as a result thereof.
3.5
The Contractor will attend such training sessions YDMT may organise and the
Contractor will meet its own expenses in attending any training sessions.
3.6
The Contractor will safely and securely store the Equipment from [date tba] to 31
March 2017.
3.7
The Contractor will follow the instructions given by the Project Officers, or any other
person nominated by the Project Officers, regarding the timings and methods for
receptor site preparation and seed harvesting and seed spreading.
3.8
For each meadow restoration scheme in which the Contractor is involved, the
Contractor will invoice the landowner for its costs as agreed with the relevant Project
Officer.
Seed Harvesting and Spreading Service Agreement
4.
USE OF THE EQUIPMENT
4.1
The Equipment made available by YDMT to the Contractor remains the property of
YDMT and may not be used by the Contractor for any other purpose than that
provided for under the terms of this Agreement.
4.2
The Equipment shall be kept by the Contractor in a safe secure and weatherproof
location until at least the end of the contract on 31 March 2017.
4.3
The Contractor shall throughout the period of this Agreement maintain the
Equipment as specified in Contract Specification for Meadow Seed Harvesting and
Spreading and keep it in good working order and to this end the Contractor shall
supply any necessary labour at its expense and be reimbursed by YDMT for any
necessary material or parts.
4.4
In the event that the Equipment suffers any damage however caused whilst with the
Contractor the Contractor shall immediately notify YDMT through the Project
Officer and shall not use the Equipment whilst it is damaged unless the Project Officer
has given written consent.
4.5
Any damage caused to the Equipment whilst with the Contractor shall be made good
at the expense of the Contractor and in such manner as YDMT may direct including
transportation of the Equipment at the expense of the Contractor to such site as
YDMT may identify for the purpose of repair.
4.6
On termination of this Agreement for whatever reason the Contractor will at its own
expense promptly return the Equipment to a location determined by YDMT.
4.7
In the event that any claim is made against YDMT as a result of the use by the
Contractor of the Equipment or the carrying out by the Contractor of work under
this Agreement in respect of the project then the Contractor hereby undertakes to
indemnify YDMT in respect of any loss liability cost or expense incurred by YDMT
arising from such claim.
5.
REFERENCE MATERIAL
5.1
Any Reference Material supplied by staff of YDMT or the Forest of Bowland AONB to
the Contractor remains the property of those parties and is to be returned by the
Contractor to the providing party upon termination of this Agreement for whatever
reason or earlier if requested by those parties.
6.
DURATION AND TERMINATION
6.1
This Agreement shall come into force on the date of this Agreement and subject as
provided in clause 6.2 shall continue in force until 31 March 2017.
6.2
Either party shall be entitled forthwith to terminate this Agreement by written notice
to the other if:
6.2.1 that other party commits any repudiatory breach of any of the provisions of this
Agreement
6.2.2 that other party ceases or threatens to cease carrying on
business.
7.
MISCELLANEOUS
7.1
This Agreement and the documents referred to in it constitutes the entire Agreement
and understanding of the parties and supersedes any previous Agreement between the
parties relating to the subject matter of this Agreement.
Seed Harvesting and Spreading Service Agreement
7.2
No variation of this Agreement shall be effective unless made in writing and signed by
or on behalf of the parties to this Agreement.
7.3
A person who is not a party to this Agreement has no right under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this
does not affect any right or remedy of a third party which exists or is available apart
from that act.
7.4
Save as agreed in writing between the parties no announcement or circular relating to
any matter referred to in this Agreement shall be made or issued by or on behalf of
any of the parties without written prior approval of the YDMT.
7.5
This Agreement may be executed in any number of counterparts by the different
parties or separate counterparts, each of which, when executed and delivered, shall
constitute an original but all of which shall together constitute one and the same
instrument.
8.
NOTICES
8.1
Any notice or document to be served under this Agreement may be delivered or it
may be sent by:
8.1.1 first class recorded delivery post; or
8.1.2 E-mail
to the party to be served at its address specified in this clause 8 or at any other
address which the party to be served may have notified to the other party in
accordance with this clause.
8.2
In proving service it shall be enough to prove that delivery was made, that the
envelope containing the notice or document was properly addressed and posted as a
prepaid first class recorded delivery letter or that the E-mail was properly addressed
and sent.
8.3
The following are the addresses of YDMT and the Contractor for the purposes of
clause 8
Yorkshire Dales Millennium Trust
Old Post Office
Main Street
Clapham
North Yorkshire
LA2 8DP
[contractor’s address]
9.
CHOICE OF LAW
This Agreement shall be governed by and construed in accordance with English Law
and the parties to this Agreement submit to the exclusive jurisdiction of the English
Courts.
Seed Harvesting and Spreading Service Agreement
AS WITNESS the hands of the parties the day and year first above written
SIGNED by
Duly authorised for and on behalf of Yorkshire Dales Millennium Trust
SIGNED by
Duly authorised for and on behalf of [the contractor]
Seed Harvesting and Spreading Service Agreement
SCHEDULE A
Seed harvesting and spreading equipment that YDMT owns or has access
to:
Amazone Groundkeeper GHL150 mower-collector, serial no. 2232
with a 152-piece set of 3mm scarifying blades
Millcreek Model 97 manure spreader, serial no. 97-0167
Ifor Williams TT126 tipper trailer, serial no. 515413
with Weldmesh side kit, 8ft steel loading skids and propstands, 4 x tie down lashing
rings, and spare wheel
Logic MSH120 brush harvester
3 x leaf vacuums
Seed Harvesting and Spreading Service Agreement