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2019-199A
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2019-199A
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Last modified
12/30/2019 3:02:37 PM
Creation date
12/30/2019 3:01:47 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/19/2019
Control Number
2019-199A
Agenda Item Number
15.B.4.
Entity Name
Atlas Organics Indian River, LLC
Subject
Agreement for the SWDD yard waste processing and recycling services
Area
Indian River County
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Loadrite on board loader scales and a weekly weight report will <br />be provided to Owner. <br />3.02 The prices above are applicable through the Term, subject to adjustment pursuant to Sections <br />4.03. <br />3.03 Owner acknowledges and agrees that any and all Yard Waste that goes through Processing at the <br />Yard Waste Facility must also go through Transportation and Recycling, provided that if Contractor does <br />not desire to put certain processed Yard Waste through Transportation and Recycling then Contractor <br />may, in its sole discretion, make such material available to Owner to be used as landfill cover or other <br />beneficial use. <br />ARTICLE 4 - PAYMENT PROCEDURES AND ADJUSTMENT <br />4.01 Once each month, payments shall be made during the term of the Agreement in the amount due <br />on the Agreement. Contractor shall submit an invoice to the Owner's Managing Director no later than the <br />10th day of each month for the previous month's tonnage. Payment to the Contractor shall be made for all <br />undisputed amounts on or before the thirtieth (30th) calendar day or 20 Business Days of the Owner's <br />receipt of the invoice, whichever occurs later, upon verification by Owner of the invoice submitted. The <br />Owner may reject the invoice in writing which shall specify the disputed amounts and reason for such <br />dispute, and the action necessary to correct the deficiency. Payment for the previously disputed amounts <br />shall be due 20 Business Days after the Owner's receipt of a revised invoice. <br />4.02 Owner shall make monthly payments as invoiced. Upon a determination of satisfactory <br />completion, the Owner Managing Director will authorize payment to be made. All payments for services <br />shall be made to the Contractor by Owner in accordance with the Local Government Prompt Payment Act, <br />as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). <br />4.03 Rate Adjustment <br />A. Contractor may request an annual rate adjustment and such requests shall not be refused if within the <br />funding authority of the Owner. Such request must be submitted in writing to Owner no later than June 1 <br />of the year in which Contractor would like the rate adjustment to go into effect. Such rate adjustments are <br />subject to approval by the County Administrator or his designee. If approved, the rate adjustment would <br />become effective October 1 of that year. <br />B. If a rate adjustment is requested, the Contract Price shall be adjusted as specified in Exhibit A and shall <br />not exceed three percent (3%) for any single adjustment. Contractor shall provide notice to Owner of such <br />adjustment, provided that failure to provide such notice shall not void this Section or be deemed to be a <br />breach of this Agreement. <br />4.04 Performance Bond: Owner requires an annual payment and performance bond in the amount of <br />$300,000 renewed annually with annual verification of insurance. The proof of bond and insurance will be <br />subject to any consideration for a rate adjustment. <br />ARTICLE 5 — INSURANCE: <br />Page 7 of 22 <br />
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