Common use of Other Wastes Clause in Contracts

Other Wastes. 564 The Parties acknowledge that this Agreement is granted only with respect to the Collection Services and 565 does not include the Collection, Transportation, Processing, or Disposal of Hazardous Waste, Medical 566 Waste, and Liquid Waste. If the Contractor elects to provide any such services with respect to Hazardous 567 Waste, Infectious Waste, or any other waste regulated by the Department of Toxic Substances Control, 568 such services shall be performed by a separate legal entity separately insured and liable, and according 569 to Applicable Law unless otherwise approved in writing by the County’s Risk Manager. The Parties 570 further acknowledge that the provision by the Contractor of any services not specifically included within 571 the Agreement are excluded from the protection of this Agreement and may be the subject of 572 competition among any and all legally authorized haulers. 573 Section 4.8: Changes in Scope of Collection Services 574 Pursuant to the County Code, the County may modify the scope of services performed by the Contractor 575 pursuant to this Agreement. 576 The County shall provide written notice of any requested modification to the scope of services provided 577 by Contractor pursuant to this Agreement, and the Contractor shall provide the County with any 578 information requested by the County in connection with the proposed changes. The County reserves the 579 right to withdraw its request for a change in scope for any reason prior to a written agreement of the 580 parties to implement such change. The Contractor shall, within sixty (60) days after receipt of such 581 notice by the County, respond to the County's request. 582 Section 4.9: Billing 583 Contractor shall bill all Customers and be solely responsible for collecting xxxxxxxx at or below Maximum 584 Rates set in accordance with Article 11. Billing shall be performed on the basis of services rendered and 585 this Agreement shall create no obligation on the part of any Person on the sole basis of the ownership of 586 property. 587 Contractor’s website shall provide Customers with the ability to pay their bills through an electronic 588 check or credit card and include the ability for Customer xxxxxxxx to be automatically charged on a 589 recurring basis. Contractor shall prepare, mail, and collect bills from Customers who decline to use such 590 internet-based billing system. Contractor shall make arrangements to allow Customers to pay bills by 591 cash, check, electronic check, money order, and credit card at a location within the County which shall 592 be available to Customers from 8:00 a.m. to 5:00 p.m. Monday through Friday. 593 Contractor shall maintain copies of all xxxxxxxx and receipts, each in chronological order, for the Term of 594 this Agreement, for inspection and verification by the County Contract Manager at any reasonable time 595 but in no case more than ten (10) Business Days after receiving a request to do so. 596 Contractor shall be responsible for collection of payment from Customers with past due accounts ("bad 597 debt"). Contractor shall make reasonable efforts to obtain payment from delinquent accounts through 598 issuance of late payment notices, telephone requests for payments, and assistance from collection 599 agencies. 600 Invoices are due thirty (30) days following the date of the invoice. The date of the invoice shall not be 601 prior to the first day of the service period for the billing. Contractor shall bill Residential Customers on a 602 quarterly basis and Commercial Customers on a monthly basis. In the event that any account becomes 603 more than thirty (30) calendar days past due, Contractor shall notify such Customer of the delinquency 604 via written correspondence and telephone contact. Should any account become more than sixty (60) 605 calendar days past due, Contractor shall provide notice to the Customer via written correspondence, 606 with a copy to the County Contract Manager, that service may be discontinued if the account becomes 607 more than ninety (90) calendar days past due. Should any account become more than ninety (90) 608 calendar days past due, Contractor may discontinue providing service to the Customer. No less than 609 seven (7) calendar days prior to discontinuing service to a Customer, Contractor shall notify the County 610 Contract Manager of the address, Service Level, service frequency, and delinquent billing amount. 611 Contractor may withhold service from a delinquent account until past delinquencies are paid in full. 612 Upon restoring service to a previously delinquent account, Contractor may require a deposit from the 613 Customer not to exceed one (1) month’s xxxxxxxx at the Customer’s Service Level and a reactivation fee 614 approved by the County. Contractor may charge interest at a rate of one and one-half percent (1 ½%), or 615 the highest rate of interest allowable under law, whichever is less, and non-sufficient funds (NSF) 616 charges, where appropriate, on account balances that are more than thirty (30) calendar days past due.

Other Wastes. 564 565 The Parties acknowledge that this Agreement is granted only with respect to the Collection Services and 565 566 does not include the Collection, Transportation, Processing, or Disposal of Hazardous Waste, Medical 566 567 Waste, and Liquid Waste. If the Contractor elects to provide any such services with respect to Hazardous 567 568 Waste, Infectious Waste, or any other waste regulated by the Department of Toxic Substances Control, 568 569 such services shall be performed by a separate legal entity separately insured and liable, and according 569 570 to Applicable Law unless otherwise approved in writing by the County’s Risk Manager. The Parties 570 571 further acknowledge that the provision by the Contractor of any services not specifically included within 571 572 the Agreement are excluded from the protection of this Agreement and may be the subject of 572 573 competition among any and all legally authorized haulers. 573 574 Section 4.8: Changes in Scope of Collection Services 574 575 Pursuant to the County Code, the County may modify the scope of services performed by the Contractor 575 576 pursuant to this Agreement. 576 577 The County shall provide written notice of any requested modification to the scope of services provided 577 578 by Contractor pursuant to this Agreement, and the Contractor shall provide the County with any 578 579 information requested by the County in connection with the proposed changes. The County reserves the 579 580 right to withdraw its request for a change in scope for any reason prior to a written agreement of the 580 581 parties to implement such change. The Contractor shall, within sixty (60) days after receipt of such 581 582 notice by the County, respond to the County's request. 582 583 Section 4.9: Billing 583 584 Contractor shall bill all Customers and be solely responsible for collecting xxxxxxxx at or below Maximum 584 585 Rates set in accordance with Article 11. Billing shall be performed on the basis of services rendered and 585 586 this Agreement shall create no obligation on the part of any Person on the sole basis of the ownership of 586 587 property. 587 588 Contractor’s website shall provide Customers with the ability to pay their bills through an electronic 588 589 check or credit card and include the ability for Customer xxxxxxxx to be automatically charged on a 589 590 recurring basis. Contractor shall prepare, mail, and collect bills from Customers who decline to use such 590 591 internet-based billing system. Contractor shall make arrangements to allow Customers to pay bills by 591 592 cash, check, electronic check, money order, and credit card at a location within the County which shall 592 593 be available to Customers from 8:00 a.m. to 5:00 p.m. Monday through Friday. 593 594 Contractor shall maintain copies of all xxxxxxxx and receipts, each in chronological order, for the Term of 594 595 this Agreement, for inspection and verification by the County Contract Manager at any reasonable time 595 596 but in no case more than ten (10) Business Days after receiving a request to do so. 596 597 Contractor shall be responsible for collection of payment from Customers with past due accounts ("bad 597 598 debt"). Contractor shall make reasonable efforts to obtain payment from delinquent accounts through 598 599 issuance of late payment notices, telephone requests for payments, and assistance from collection 599 600 agencies. 600 601 Invoices are due thirty (30) days following the date of the invoice. The date of the invoice shall not be 601 602 prior to the first day of the service period for the billing. Contractor shall bill Residential Customers on a 602 603 quarterly basis and Commercial Customers on a monthly basis. In the event that any account becomes 603 604 more than thirty (30) calendar days past due, Contractor shall notify such Customer of the delinquency 604 605 via written correspondence and telephone contact. Should any account become more than sixty (60) 605 606 calendar days past due, Contractor shall provide notice to the Customer via written correspondence, 606 607 with a copy to the County Contract Manager, that service may be discontinued if the account becomes 607 608 more than ninety (90) calendar days past due. Should any account become more than ninety (90) 608 609 calendar days past due, Contractor may discontinue providing service to the Customer. No less than 609 610 seven (7) calendar days prior to discontinuing service to a Customer, Contractor shall notify the County 610 611 Contract Manager of the address, Service Level, service frequency, and delinquent billing amount. 611 612 Contractor may withhold service from a delinquent account until past delinquencies are paid in full. 612 613 Upon restoring service to a previously delinquent account, Contractor may require a deposit from the 613 614 Customer not to exceed one (1) month’s xxxxxxxx at the Customer’s Service Level and a reactivation fee 614 615 approved by the County. Contractor may charge interest at a rate of one and one-half percent (1 ½%), or 615 616 the highest rate of interest allowable under law, whichever is less, and non-sufficient funds (NSF) 616 617 charges, where appropriate, on account balances that are more than thirty (30) calendar days past due. 618 Section 4.10: Transition to Next Contractor at End of Agreement 619 If applicable, before expiration or earlier termination of this Agreement, Contractor will take direction 620 from the County and subsequent contractor to assist in a timely and orderly transition of services from 621 Contractor to subsequent contractor. In response to the County’s direction, Contractor shall provide 622 then-current route lists, which identify each Customer on the route, its service level (number of 623 Containers, Container sizes, frequency of Collection, scheduled Collection day), and any special 624 Collection notes, and detailed then-current Customer account and billing information. Contractor may, 625 but shall not be obliged to, sell Collection vehicles, equipment, or facilities to the next contractor. Failure 626 to fully comply with this provision, including both errors in fact and of omission, but excluding minor or 627 clerical errors, may result in Liquidated Damages of twenty-five thousand dollars ($25,000).