98-24 Exhibits to the Agreement for the Operation of the Recycling Center - Part I.pdf

specifications, the Operator shall be liable for, and the Town may assess, the below listed sums as Liquidated Damages. 2.19.2 Liquidated Damages shall be assessed based on the findings of the Environmental Compliance Officer during the course of inspections of each of the recycling areas outlined within the scope of this RFP. Assessments shall be made within the confines of the following procedures: 2.19.2(a) The Environmental Compliance Officer will provide a written Notice of Deficiency to the Operator outlining the operational violation requiring attention, the recommended corrective action and the time period within which such correction shall be made. 2.19.2(b) Failure to correct said findings within the grace period shall result in an assessment of damages from the date of the finding to the date of final correction. 2.19.3 For failure of the Operator to comply with applicable laws in connection with solid waste disposal of residual solid waste or other materials that should be removed from the site, up to five hundred ($500.00) for each day in which the failure occurs shall be assessed. 2.19.4 Up to five thousand dollars ($5,000.00) for each incident or event where the Operator receives vegetative material beyond the scope of this RFP; including, but not limited to, the receipt of grass clippings other than de minimis quantities incidentally found in the collection of leaves, or material in excess of that amount permitted under the terms of the RFP and the limited approval of the facility. Each truckload or portion of a truckload shall be considered a separate event. 2.19.5 For the Operator’s personnel soliciting gratuities from residents, up to two hundred dollars ($200.00) for each incident. 2.19.6 Any failure by the Operator to arrange for the recycling of materials as specified herein may result in the assessment of liquidated damages of up to five thousand dollars ($5,000.00) per day plus any and all costs incurred by the Township of West Orange for the alternate marketing of said materials. 2.19.7 For failure of the Operator to comply with the operating conditions of the exempt Class “B” and exempt Class “C” recycling facilities as required under the terms of the exempt operating procedures mandated by the NJDEP or by the terms of this RFP, liquidated damages of up to five hundred dollars ($500.00) per day that such non-compliance remains

nder the terms of the exempt operating procedures mandated by the NJDEP or by the terms of this RFP, liquidated damages of up to five hundred dollars ($500.00) per day that such non-compliance remains in effect. 2.19.8 The Township of West Orange may seek reimbursement from the Operator for the actual costs incurred by the Township for the response/deployment of the Township of West Orange Fire Department to a fire or other condition at the site caused by the Operator’s failure to comply with the operating conditions herein. 2.19.9 The Operator shall make rental payments in accordance with the amount submitted in their Proposal no later than the fifteenth (15"") day after the end of each month.