99-24 Exhibit to Temporary Extension Agreement.pdf

2.18.2 The 2.18.2 The Environmental Environmental Compliance Compliance Officer Officer shall shall bebe paid paid for for the the inspection inspection services services above above from the from the escrow escrow fund fund established established in in accordance accordance with with this this RFP. RFP. 2.18.2(a) The 2.18.2(a) The inspections inspections outlined outlined in in 2.18.1(a) 2.18.1(a) && (b) (b) shall shall result result in in total total charges charges of of $750.00 per $750.00 per inspection inspection for for the the Class

$750.00 per $750.00 per inspection inspection for for the the Class Class B B and and Class Class CC facilities facilities combined. combined. 2.18.2(b) The 2.18.2(b) The inspections inspections outlined outlined in in 2.18.1(c) 2.18.1(c) shall shall result result in in total total charges charges of of $150.00 for each inspection of the Recycling $150.00 for each inspection of the Recycling Convenience Convenience Center. Center. 2.18.3 The 2.18.3 The Township Township of of West West Orange Orange Environmental Environmental Compliance Compliance Officer Officer shall shall be be provided

shall be be provided provided with with aa key key to to allow allow twenty-four twenty-four (24) (24) hour hour access access to to the the facility facility for for the the purposes purposes ofof evaluation evaluation and and compliance monitoring. compliance monitoring. 2.18.4 2.18.4 The Township The Township of of West West Orange Orange Environmental Environmental Compliance Compliance OfficerOfficer shall shall conduct conduct additional inspections additional inspections in in response response to to resident resident and and Township Township Official Official

and Township Township Official Official complaints complaints on on anan as as needed needed basis. basis. 2.18.4(a) Should 2.18.4(a) Should additional additional inspections inspections be be required required as as outlined outlined herein, herein, the the Contractor Contractor shall be shall be billed billed at at the the standard standard inspection inspection rates rates as as indicated indicated herein herein or or an an hourly hourly rate rate of

hourly rate rate of of $185.00/hour for $185.00/hour for each each such such inspection inspection that that exceeds exceeds 2.0 2.0 hours hours inin length; length; whichever whichever sumsum isis greater and greater and shall shall pay pay all all ancillary ancillary costs costs associated associated with such an with such an inspection inspection including, including, but but not limited not limited to, to, travel travel time time atat the the above above rate rate and

the above above rate rate and and mileage mileage at at $.565/mile. $.565/mile. 2.18.5 The 2.18.5 The Operator Operator agrees agrees toto place place into into escrow escrow the the sum sum of of $25,000 $25,000 to to cover cover the the cost cost of of inspections as inspections as outlined outlined herein. herein. When When the the escrow escrow fund fund falls falls below below $20,000, $20,000, the the Operator Operator agrees

Operator agrees agrees to replenish to replenish the the escrow escrow fund fund to to restore restore the the balance balance of of the the escrow escrow fund fund back back to to $25,000. $25,000. 2.18.6 The 2.18.6 The Operator Operator agrees agrees that that any any remaining remaining amounts amounts in in the the escrow escrow funds funds will be returned will be returned to to the Operator the Operator within within thirty thirty (30) (30) days days from from the the termination termination of

from the the termination termination of of the the Agreement. Agreement. 2.19 LIQUIDATED 2.19 LIQUIDATED DAMAGES DAMAGES 2.19.1 2.19.1 The parties The parties acknowledge acknowledge that that in in the the event event of of aa default default inin performance performance by by thethe Contractor(s), it Contractor(s), it is is foreseeable foreseeable thatthat the the Township Township of of West West Orange Orange will will suffer suffer damages damages for for which which itit is is entitled entitled to to be be compensated. compensated. Certain of Certain of these these damages damages may may bebe reasonably

these damages damages may may bebe reasonably reasonably ascertained. ascertained. Others shall Others shall consist consist of of intangible intangible losses losses which which are are difficult difficult to to accurately accurately calculate calculate andand assess, assess, including, but including, but notnot limited limited to, to, revenue revenue losses losses andand general general and and administrative administrative costs. costs. ForFor these these intangible losses, intangible losses, in in the the event event the the Operator Operator failsfails to to satisfactorily

the Operator Operator failsfails to to satisfactorily satisfactorily comply comply with with all all of of the the terms terms and and conditions of conditions of these these bid bid specifications, specifications, the the Operator Operator shallshall bebe liable liable for, for, and and the the Town Town may may assess, assess, the below the below listed listed sums sums as as Liquidated Liquidated Damages. Damages. 2.19.2 Liquidated 2.19.2 Liquidated Damages