99-24 Exhibit to Temporary Extension Agreement.pdf

of final final correction. correction. 2.19.3 For 2.19.3 For failure failure to to maintain maintain the the Recycling Recycling Convenience Convenience Center Center in in aa manner manner consistent consistent with with the the operating parameters operating parameters required required under under NJDEP NJDEP regulations, regulations, upup to to two two hundred hundred fifty fifty dollars dollars shall be ($250.00) shall ($250.00) assessed per be assessed day for per day each such for each failure until such failure such time until such as the

such time until such as the time as Recycling the Recycling Convenience Center Convenience Center has has been been made made to to comply comply with with the the facility facility operating operating requirements. requirements. 2.19.4 For 2.19.4 For failure failure of of the the Operator Operator to to comply comply with applicable laws with applicable laws inin connection connection with with solid solid waste waste disposal of disposal of residual residual solid solid waste or other waste or other materials materials that that should should bebe removed removed from from the

moved removed from from the the site, site, up up to to five hundred five hundred ($500.00) ($500.00) for for each each day day inin which which the the failure failure occurs occurs shall shall be be assessed. assessed. 2.19.5 Up 2.19.5 Up toto five five thousand thousand dollars dollars ($5,000.00) ($5,000.00) for for each each incident incident or or event event where where thethe Operator Operator receives vegetative receives vegetative material material beyond beyond thethe scope scope ofof this

al beyond beyond thethe scope scope ofof this this RFP; RFP; including, including, but but not not limited limited to, to, the the receipt of receipt of grass grass clippings clippings other other than than de de minimis minimis quantities quantities incidentally incidentally found found inin the the collection collection of of leaves, or leaves, or material material in in excess excess of of that that amount amount permitted permitted under under the the terms terms ofof the the RFP RFP and

the RFP RFP and and the the limited limited approval of approval of the the facility. facility. Each Each truckload truckload or or portion portion ofof aa truckload truckload shall shall bebe considered considered aa separate separate event. event. 2.19.6 For 2.19.6 For the the Operator’s Operator’s personnel personnel soliciting soliciting gratuities gratuities from from residents, residents, up up to to two two hundred hundred dollars ($200.00) dollars ($200.00) for for each each incident. incident. 2.19.7 Any 2.19.7 Any failure failure byby the the Operator Operator to

incident. 2.19.7 Any 2.19.7 Any failure failure byby the the Operator Operator to to arrange arrange for for the the recycling recycling of of materials materials as as specified specified herein herein may result in the assessment of liquidated damages of up to five thousand dollars ($5,000.00) per may result in the assessment of liquidated damages of up to five thousand dollars ($5,000.00) per day plus day plus any any and and all all costs costs incurred incurred by by the the Township Township of of West West Orange Orange for for the the alternate alternate marketing marketing of said of said materials. materials. 2.19.8 For 2.19.8 For failure failure of of the the Operator Operator toto comply

ials. 2.19.8 For 2.19.8 For failure failure of of the the Operator Operator toto comply comply with with thethe operating operating conditions conditions of of the the exempt exempt Class Class “B” and “B” and exempt exempt Class Class “C” “C” recycling recycling facilities facilities as as required required under under the the terms terms ofof the the exempt exempt operating procedures operating procedures mandated mandated byby the the NJDEP NJDEP or or by by the the terms terms of of this

he terms terms of of this this RFP, RFP, liquidated liquidated damages damages ofof up to up to five five hundred hundred dollars dollars ($500.00) ($500.00) perper day day that that such such non-compliance non-compliance remains remains in in effect. effect. 2.19.9 The 2.19.9 The Township Township of of West West Orange Orange may may seek seek reimbursement reimbursement from from the the Operator Operator for for the the actual actual costs incurred costs incurred by by

the actual actual costs incurred costs incurred by by the the Township Township for for the the response/deployment response/deployment of of the the Township Township of of West West Orange Orange Fire Department Fire Department toto aa fire fire or or other other condition condition at at the the site site caused caused by by the the Operator’s Operator’s failure failure to to comply comply with the operating with the operating conditions conditions herein. herein. 2.20 ANNUAL 2.20 ANNUAL REPORTING REPORTING OF OF RECYCLING RECYCLING CONVENIENCE CONVENIENCE CENTER CENTER ACTIVITY ACTIVITY 2.20.1 The 2.20.1

CONVENIENCE CENTER CENTER ACTIVITY ACTIVITY 2.20.1 The 2.20.1 The Operator Operator agrees agrees that that at at its its sole sole cost cost and and expense, expense, it it will provide to will provide to the the Township’s Township’s Engineer and/or Engineer and/or Director Director ofof the the Department Department of of Public Public Works, Works, and and thethe Environmental Environmental Compliance Officer, Compliance Officer, an an annual annual report report which sets forth which sets forth the the number number ofof tons tons of of recyclable recyclable materials