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04/21/2015 (3)
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04/21/2015 (3)
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3/16/2018 4:21:36 PM
Creation date
7/31/2015 10:12:07 AM
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Meetings
Meeting Type
Regular Meeting
Document Type
Agenda Packet
Meeting Date
04/21/2015
Meeting Body
Board of County Commissioners
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provided, however, that if any such judgment or order is vacated within sixty (60) Days after <br />the entry thereof, any notice of cancellation shall be and become null, void, and of no effect. <br />18.2. Administrative Charges <br />18.2.1. The Contract Manager shall notify Franchisee in writing by the tenth (10) Day of the month of the <br />SWDD's intent to deduct any administrative charges, as set forth in Article 18.2.4, including the <br />basis for each administrative charge, from payments due or to become due to Franchisee for <br />service provided under this Agreement. <br />18.2.2. In the event Franchisee wishes to contest such monthly assessment, Franchisee must do so within <br />ten (10) Days of issuance of each assessment notification by requesting, in writing, a meeting with <br />the Contract Manager to resolve the issue. Following such a meeting, the Contract Manager shall <br />notify Franchisee in writing of any action taken with respect to Franchisee's claims. Franchisee <br />may further appeal, in writing, the decision of the Contract Manager to the County Administrator, <br />who shall conduct a review of all of the facts and circumstances, and make a determination in <br />writing. The County Administrator's decision shall be final and conclusive unless determined by a <br />court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to <br />necessarily imply bad faith, or not supported by competent evidence. <br />18.2.3. 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 <br />received more than thirty (30) Days after the due date shall be subject to an administrative fee of <br />$500 for the first nonpayment; $1,500 for the second nonpayment; and $5,000 for the third <br />nonpayment. Three late payments in any single calendar year that are not due to an <br />Uncontrollable Force shall result in termination of this Agreement. <br />18.2.4. The Contract Manager may assess the following administrative charges pursuant to this Article on <br />a monthly basis in connection with the Agreement: <br />Performance Standard Violation <br />Failure to deliver materials to a Designated Facility. (Article 10.1) <br />Mixing materials within a single Toad. (Article 11.1) <br />Failure to submit to SWDD all plans, reports, or other documents in <br />the time required under the provision of this Agreement unless <br />otherwise approved by the Contract Manager. <br />Failure to comply with the hours and days of operation. (Article 6.5 <br />and 8.4) <br />Liquidated Damages <br />1st occurrence = $1,000 <br />2nd occurrence = $5,000 <br />3'd+ occurrences = $10,000 <br />$5,000 per occurrence <br />$50 per incident per Day after <br />due date <br />$100 per occurrence per Day <br />Failure to complete each route on the regularly scheduled day <br />except when such completion is made impossible by weather or <br />other conditions, as determined by SWDD. <br />$250 per route per Day <br />Failure to resolve missed pickups or complaints within the specified <br />time frame. (Articles 11.12 and 11.13) <br />Failure to clean spillage, leakage, or blowing of material (oil, <br />hydraulic fluid, Solid Waste, Recyclables, etc.) within twenty-four <br />(24) hours. (Article 11.6) <br />$100 per unresolved missed <br />pickup or complaint per Day <br />$50 per occurrence per Day <br />per incident <br />Failure to repair, replace, or deliver a container or Roll Cart within <br />three (3) Days of notification. (Article 7.1. and 7.2) <br />$50 per occurrence per Day <br />Page 27 <br />213 <br />
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