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Indian River County Solid Waste Disposal District <br />Solid Waste and Recyclables Franchise Agreement <br />d) Have an order or decree of a court entered approving a petition filed by any of Franchisee's <br />creditors seeking a reorganization or readjustment of Franchisee's indebtedness under the Federal <br />Bankruptcy laws or any law or statute of the United States or any state thereof, provided, however, <br />that if any such judgment or order is vacated within sixty (60) Days after the entry thereof, any <br />notice of cancellation shall be and become null, void, and of no effect. <br />24.2. Administrative Charges <br />24.2.1. The Contract Manager shall notify Franchisee in writing by the tenth (10) Day of the month of the <br />County's intent to deduct any administrative charges, as set forth in Article 24.2, including the basis for each <br />administrative charge, from payments due or to become due to Franchisee for service provided under this <br />Agreement. <br />24.2.2. In the event Franchisee wishes to contest such monthly assessment, Franchisee must do so within ten <br />(10) Days of issuance of each assessment notification by requesting, in writing, a meeting with the Contract <br />Manager to resolve the issue. Following such a meeting, the Contract Manager shall notify Franchisee in writing <br />of any action taken with respect to Franchisee's claims. Franchisee may further appeal, in writing, the decision <br />of the Contract Manager to the County Administrator, who shall conduct a review of all of the facts and <br />circumstances and make a determination in writing. The County Administrator's decision shall be final and <br />conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so <br />grossly erroneous as to necessarily imply bad faith, or not supported by competent evidence. <br />24.2.3. Franchise Fee payments received after the fifteenth (15) Day of the month shall bear interest at <br />eighteen percent (18%) per year. Unless due to an Uncontrollable Force, Franchise Fee payments received more <br />than thirty (30) Days after the due date shall be subject to an administrative fee of $500 for the first nonpayment; <br />$1,500 for the second nonpayment; and $5,000 for the third nonpayment. Three late payments in any single <br />calendar year that are not due to an Uncontrollable Force shall result in termination of this Agreement. <br />24.2.4. The Contract Manager may assess the following administrative charges pursuant to this Article on a <br />monthly basis in connection with the Agreement: <br />39 <br />Performance Standard Violation <br />Liquidated Damages <br />Service Complaints <br />Failure to resolve a Legitimate Complaint, other than Missed <br />$100 per day until <br />Collection, within 24 hours of notification unless otherwise approved <br />complaint is resolved to <br />by the Contract Manager (Article 17.1.4). <br />satisfaction of the County <br />Reoccurring Complaint: Failure to correct chronic problems (chronic <br />$500 per occurrence for <br />shall mean three or more similar Legitimate Complaints at the same <br />the P occurrence <br />Premises within a 90 -day period) in any category of service. <br />$1,000 per occurrence <br />thereafter <br />Reporting unresolved Missed Collection or Legitimate Complaint as <br />$500 per occurrence <br />resolved. <br />Failure to leave a Non -Collection Notice for Customer explaining why <br />$250 per occurrence <br />material was not collected. (Article 14.3). <br />Failure to maintain a customer service office for the hours required <br />$500 per occurrence per <br />(Article 16.1.1). <br />day <br />Spills and Litter <br />Failure to clean up spilled material from loading and/or transporting <br />$500 per occurrence <br />(Article 14.1.7). <br />39 <br />