The Use of Farmers for Winter Service - A Code of Practice
Appendix A: Model Agreement
Terms and Conditions
1. For the purposes of this agreement [insert name of authority] are herein referred to as the 'Council'.
2. [Insert name of the authority or farmer] shall provide and maintain [snow ploughs and/or gritting machines (delete as necessary)] for the use of snow clearing operations undertaken on [their behalf/behalf of the Council (delete as necessary)].
3. Tractors offered by the Contractor for snow clearing operations shall have a suitable front linkage to enable the fitting and effective operation of the Council supplied snow plough blades.
4. Tractors offered by the Contractor for the towing and operation of the Council supplied gritting machines shall have a suitable coupling to enable the fitting and towing of the gritting equipment.
5. The Contractor is responsible for maintenance and repair to the tractor, including linkages, and all associated costs required to undertake maintenance and repair.
6. The Contractor shall ensure that they are fully compliant with the requirements of the Goods Vehicles (Licensing of Operators) Regulations 1995, the Vehicle (Excise) Act 1962 and all other regulations relevant to the use of tractors and vehicles employed under this agreement.
7. The Contractor shall be ready to commence snow clearing operations in line with a pre-arranged 'mobilisation' instruction, or after receiving a 'mobilisation' instruction from the Council's [insert post title], and undertake snow clearing operations in compliance with the Council's specified requirements.
8. The Council will pay for the use of the tractor whilst engaged on snow clearing operations undertaken on behalf of the Council at the inclusive rates, as follows:
| Category of Operation | Hourly Rate (£/Hr) |
|---|---|
| Insert category of operation | Insert hourly rate |
Such payments to cover all operational costs of the tractor (including fuel oil, maintenance, driver's wages and overtime), the costs of insurance, and road licensing in line with regulatory requirements, and in line with these terms and conditions.
9. The Council will undertake routine maintenance including 'normal wear and tear', repairs to the snow plough blades and/or gritting equipment supplied by them under the terms of the agreement. Where damage has occurred that, in the reasonable assessment of the Council, has been caused by the careless or negligent action of the Contractor, the Council may, at their discretion, re-charge the Contractor for the costs of such repairs.
10. The Contractor shall indemnify the Council in respect of all actions, claims, costs, proceedings, demands, charges and expenses in respect of personal injury (including injury resulting in death) to any person (including any person employed by the Contractor) loss of or damage to property real or personal (including property belonging to, or in the possession of, a person or persons employed by the contractor) arising out of or in connection with the Agreement.
11. The obligation by the Contractor to indemnify contained in 10 shall not arise where the injury to or death of any person or damage to property real or personal results from the negligent act or default of the Council.
12. The Contractor shall effect and maintain a policy of insurance in respect of any liability against which the Contractor is required to indemnify the Council. The liability of the Contractor shall be unlimited and requires a minimum public liability insurance of £5 million in respect of any one incident. A copy of the insurance policy shall be submitted with this agreement.
13. The Contractor shall supply completed time sheet records in an agreed format, or as supplied by the Council detailing the activities undertaken, in compliance with the specified requirements of the Council, in support of the Contractor's invoice, which shall be inclusive of VAT. Payment will only be made on receipt of timesheets completed to the satisfaction of the Council.
14. The Contractor shall ensure that a roof-mounted amber warning light bar (comprising at least two independent light sources) or two independent roof-mounted amber warning beacons, visible through 360° are fitted to the tractor whilst undertaking snow ploughing operations.
15. High visibility clothing to BS EN 471:2003 (Class 2 or 3) shall be worn at all times whilst working on behalf of the Council on the road network.
16. The Contractor shall undertake snow clearing operations in compliance with the risk assessment and safe method of working agreed with the Council.
17. Notice to terminate the agreement can be given by either party in writing. Notice shall be given [insert period] in advance of the termination date.
18. Continuation of this agreement is dependent upon the satisfactory performance of the Contractor in relation to the delivery of the snow clearing operations in compliance with the terms of this agreement.