EMPLOYEE TRANSPORTATION SERVICE AGREEMENT
THE PARTIES: This Agreement (“Agreement”) made on __day of August 2022, is
between ______________________a limited liability company organized and existing
under the laws of New Jersey with the principal office at ______________ New Jersey,
represented by its president______________(FACILITY) with a mailing address of
______________________, City of ______________________, State of New Jersey and
KVICTORY COMPANY, a corporation duly organized and existing under and by virtue of
the laws of the State of New Jersey with a mailing address of ______________________,
City of ______________________, State of ______________________ represented by its
MS KATRINA GONZALEZ (CONTRACTOR) both of whom agree as follows:
WHEREAS, the FACILITY has selected the contractor to provide the transportation
services to its employees described herein; and
WHEREAS, the contractor desires and agrees to provide such transportation service to the
FACILITY’S employees,
IN CONSIDERATION OF the matters described above and of the mutual benefits and
obligations set forth in this Agreement, the receipt and sufficiency of which consideration is
hereby acknowledged, (individually the “Party” and collectively “The Parties” to this
agreement) agree as follow:
TERMS
1. TERM OF AGREEMENT
The term of this agreement (the “Term”) will begin on August 1,2022 and will
remain on full force and effect until July 31,2024, subject to earlier termination as
provided in this Agreement. The Term may be extended with the written consent of
the parties.
2. AUTHORITY TO ENTER AGREEMENT
Each Party warrants that the individuals who signed this Agreement have the actual
legal power, right and authority to make this agreement and bind each respective
Party.
3. SCOPE OF SERVICES
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CONTRACTOR, shall, during the term of this agreement, supply and maintain such
number of motor vehicles and personnel as are required to fulfil the basic needs for
employee transportation services in going to and from work to their designated
drop-off locations.
4. COMPENSATION AND BILING
In consideration for the services rendered pursuant to this agreement, Transportation
will be charge $500 per day. The commission will be $3 per hour for the employee.
The parties agree that the CNA will be paid $ 33 per hour and TNA $ 23-25 and the
commission will be $3 per hour. Payment will be made weekly. All employee that
work will be paid weekly directly from the facility
5. DISPUTE RESOLUTION
If the Parties are unable to resolve a Dispute through informal negotiations, the
Dispute will be finally and exclusively resolved by binding arbitration. The
arbitration shall be commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association ("AAA"). The arbitration may be
conducted in person, through the submission of documents, by phone, or online. The
arbitrator will make a decision in writing, but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow applicable law,
and any award may be challenged if the arbitrator fails to do so. If for any reason, a
Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or
prosecuted in the state and federal courts located in [name of county] County, [name
of state], and the Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction, and forum non convenient with respect to venue and
jurisdiction in such state and federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform
Computer Information Transaction Act (UCITA) are excluded from these Terms of
Use.
6. NOTICES
All notices under this Agreement shall be in writing and sent to the address of the
recipient specified herein. Any such notice may be delivered by hand, by overnight
courier, certified mail with return receipt, or first class pre-paid letter, and will be
deemed to have been received (1) if delivered by hand – at the time of delivery; (2)
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if delivered by overnight courier – 24 hours after the date of delivery to courier with
evidence from the courier; (3) if delivered by certified mail with return receipt – the
date as verified on the return receipt; (4) if delivered by first class mail – three (3)
business days after the date of mailing.
7. TERMINATION
During the course of this agreement, the company may terminate this Agreements if
there is illegal activity, destruction of property or any other breach.
8. SEVERABILITY
If any term, covenant, condition, or provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated.
9. FORCE MAJEURE
Neither party shall be liable for any failure to perform under this Agreement when
such failure is due to causes beyond that party’s reasonable control, including, but
not limited to, acts of State or governmental authorities, acts of terrorism, natural
catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of
energy.
10. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the Parties related to the
matters specified herein, and supersedes any prior oral or written statements or
agreements between the Parties related to such matters.
11. GOVERNING LAW
This Agreement shall be governed exclusively by the laws of the state of New
Jersey, without regard to conflict of law provisions
12. AMENDMENT AND MODIFICATION
No supplement, modification or amendment of this Agreement shall be binding
unless executed in writing and signed by both parties
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IN WITNESS WHEREOF, this Agreement was signed by the parties under the hands of
their duly authorized officers and made effective as of the undersigned date.
FACILITY CONTRACTOR
By
Printed Name
Date
Address
By
Printed Name
Date
Address
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