99-24 Exhibit to Temporary Extension Agreement.pdf

2.18.2 2.18.2 The Environmental Compliance The Environmental Officer shall Compliance Officer shall be be paid for the paid for inspection services the inspection services above above from from the the escrow fund established escrow fund in accordance established in accordance with with this this RFP. RFP. 2.18.2(a) The 2.18.2(a) The inspections outlined in inspections outlined in 2.18.1(a) 2.18.l(a) && (b) shall result (b) shall result inin total total charges of charges of $750.00 per inspection $750.00 per for the inspection for Class CC facilities B and Class Class Band the Class combined. facilities combined. 2.18.2(b) The 2.18.2(b) inspections outlined The inspections outlined inin 2.18.1 2.18.1(c) shall result (c) shall result inin total total charges charges of

total charges charges of of $150.00 for each $150.00 for of the inspection of each inspection Recycling Convenience the Recycling Center. Convenience Center. 2.18.3 The 2.18.3 The Township of West Township of West Orange Orange Environmental Compliance Officer Environmental Compliance shall be Officer shall be provided provided with with aa key to allow key to allow twenty-four (24) hour twenty-four (24) access toto the hour access the facility facility for the purposes for the purposes ofof evaluation evaluation and and compliance monitoring. compliance monitoring. 2.18.4 2.18.4 The Township of The Township of West Orange Environmental West Orange Compliance Officer Environmental Compliance conduct shall conduct Officer shall additional inspections additional inspections inin response

uct Officer shall additional inspections additional inspections inin response response to to resident resident and and Township Official complaints Township Official complaints on on anan as as needed needed basis. basis. : 2.18.4(a) Should additional 2.! 8.4(a) Should additional inspections inspections be required as be required as outlined outlined herein, herein, the the Contractor Contractor shall be shall be billed billed atat the the standard standard inspection inspection rates rates as as indicated indicated herein herein or an hourly or an hourly rate of rate of $185.00/hour for $185.00/hour

or an hourly rate of rate of $185.00/hour for $185.00/hour each such for each inspection that such inspection 2.0 hours exceeds 2.0 that exceeds hours in length; whichever in length; whichever sum is sum is greater greater and shall pay and shall pay all ancillary costs all ancillary associated with costs associated such an with such an inspection inspection including, including, but but not not limited to, travel limited to, time atat the travel time the above above rate rate and mileage atat $.565/mile and mileage $.565/mile. . .. 2.18.5 The 2.18.5 The Operator Operator agrees agrees toto place into escrow place into escrow the the sum sum ofof $25,000 $25,000 to to cover

sum ofof $25,000 $25,000 to to cover cover the the cost cost of of inspections as inspections outlined herein. as outlined When the herein. When the escrow escrow fund fund falls falls below $20,000, the below $20,000, the Operator agrees Operator agrees toto replenish replenish the escrow fund the escrow fund to to restore restore the the balance balance of the escrow of the fund back escrow fund back toto $25,000. $25,000. 2.18.6 2.18.6 The The Operator agrees that Operator agrees that any remaining amounts any remaining amounts in in the the escrow escrow funds funds will

escrow funds funds will will be be returned to returned to the Operator within the Operator within thirty (30) days thirty (30) days from from the termination of the termination of the the Agreement. Agreement. 2.19 LIOUIDATED DAMAGES 2.19 LIQUIDATED DAMAGES 2.19.1 The 2.19.1 The parties parties acknowledge acknowledge that that inin the the event event of of aa default default inin performance performance by by thethe Contractor(s), it is foreseeable that the Township of West Orange will suffer damages for which Contractor(s), it is foreseeable that the Township of West Orange will suffer damages for which itit isis entitled entitled to to be compensated. Certain be compensated. Certain of of these these damages damages may may be reasonably ascertained. be reasonably ascertained. Others Others shall shall consist consist of of intangible intangible losses losses which which are are

ngible intangible losses losses which which are are difficult to accurately 'difficult to calculaté and accurately calculate and assess, assess, including, including, but not limited but not limited to, revenue losses to, revenue losses and and general general and administrative costs. and administrative costs. For these For these intangible losses, intangible losses, in in the the event event the the Operator Operator fails to satisfactorily fails to satisfactorily comply with all comply with all of of the the terms terms and and conditions conditions of of these these bid specifications, the bid specifications, Operator shall

and conditions conditions of of these these bid specifications, the bid specifications, Operator shall the Operator shall be be liable for, and liable for, and the the Town may assess, Town may assess, the below the listed sums below listed sums as as Liquidated Liquidated Damages. Damages. 2.19.2.2 Liquidated 2.19 Liquidated Damages Damages shallshall be assessed based be assessed based onon the findings of the findings the Environmental of the Environmental Compliance Officer Compliance Officer during the course during the of inspections course of inspections of of each each ofof the the recycling areas outlined recycling areas outlined within within the scope of the scope of this this RFP. Assessments shall RFP. Assessments shall be made within be made within the confines of the confines of the the following

the confines of the the following following procedures: procedures: 2.19.2(a) 2.19 .2(a) The The Environmental Compliance Officer Environmental Compliance Officer will will provide provide aa written written Notice Notice ofof Deficiency Deficiency to the Operator to the Operator outlining outlining the the operational operational violation requiring attention, violation requiring attention, the the 26 26