Common use of Partial Month Service Clause in Contracts

Partial Month Service. If, during a month, a Service Unit is added to 1071 or deleted from CONTRACTOR’S Service Area, the CONTRACTOR’S billing shall be pro- 1072 rated based on the weekly service rate (the weekly service rate shall be the service rate 1073 established in Exhibit 1 divided by the number of actual weeks in the month that collection 1074 service was provided to the Service Unit). 1075 4.01.2.1 Delinquent Service Accounts. The CONTRACTOR 1076 shall report to the Town Representative, on a monthly basis, all SFD Service Recipients who 1077 have received Collection Service and whose account is over ninety (90) days past due, and 1078 all MFD and Commercial Service Recipients whose account is over forty-five (45) days past 1079 due. The CONTRACTOR may take such action as is legally available to collect or cause 1080 collection of such past due amounts, including ceasing the provision of Collection Services 1081 to any Service Unit due to non-payment. 1082 4.01.3 Invoice Method. CONTRACTOR will make available to the Service 1083 Recipient an option and means to receive CONTRACTOR invoices by mail (hardcopy 1084 invoices) or email (electronic invoices). The CONTRACTOR will bi-annually advertise 1085 invoice method to all Service Recipients. 1086 4.01.4 Payment Methods. CONTRACTOR shall provide the means for 1087 Service Recipients to pay bills in person, over the phone or online with the following 1088 payment methods: cash, checks, e-check, credit cards, CONTRACTOR website, online 1089 payment systems or automatic withdrawal from Service Recipient bank account. Online 1090 payment methods shall be password protected, PCI Compliant, and comply with state and 1091 federal law protecting the privacy of Service Recipient credit information. At TOWN’s 1092 request, CONTRACTOR shall provide evidence of such security certifications and advise 1093 TOWN of CONTRACTOR’S security measures implemented for on-line payment. 1094 4.01.5 Billing Inserts. TOWN may provide educational and other material 1095 provided by the Town or a third party to CONTRACTOR for inclusion in the paper or 1096 electronic invoices provided by CONTRACTOR to Service Recipients for Collection 1097 Services, Town partnerships, Town programs or Town-sponsored Events up to one (1) time 1098 per Agreement Year. CONTRACTOR shall not charge TOWN for the inclusion of additional 1099 educational or other materials in the invoices. 1100 4.02 Service Recipient Rate Elements. Service Recipient Rates shall consist of 1101 some combination of the following elements: a Collection Element, a Disposal Element, an 1102 Organic Waste Processing Element, a Franchise Fee Element, and such other elements as 1103 may be added by the TOWN during the term of this Agreement. 1104 4.03 TOWN Approval of CONTRACTOR Rate Application. On or before August 31, 1105 2018, and annually thereafter during the term of this Agreement, the TOWN Representative 1106 shall notify CONTRACTOR of the RRI adjustments to the affected Service Recipient Rates 1107 to take place on the subsequent October 1st. 1108 4.04 Adjustments to Service Recipient Rates Using the Refuse Rate Index (RRI). 1109 4.04.1 Adjustments to Collection Elements. Beginning on October 1, 2018, 1110 and annually thereafter during the term of this Agreement, the Collection Elements of the 1111 Service Recipient Rates set forth in Article 4 shall be adjusted by the RRI adjustment set 1112 forth below. In any year that the calculation of the RRI results in a negative number, there 1113 shall be no adjustment of the Collection Elements. Instead, the negative RRI number shall 1114 be added to the result of the subsequent years RRI calculation and the result shall be the 1115 RRI adjustment for that subsequent year. 1116 4.04.1.1 RRI Adjustment Calculation. The RRI adjustment shall 1117 be the sum of the weighted percentage change in the annual average of each RRI index 1118 number between the base year, which shall be the prior preceding year ending December 1119 31st, and the preceding year ending December 31st as contained in the most recent release 1120 of the source documents listed in Exhibit 2, (“REFUSE RATE INDEX”) which is attached to 1121 and included in this Agreement. Therefore, the first Collection Element rate adjustment 1122 effective October 1, 2018 will be based on the percentage changes between the annual 1123 average of the RRI indices from January 1, 2016 to December 1, 2016 and the annual 1124 average of the RRI indices from January 1, 2017 to December 1, 2017. The RRI shall be 1125 calculated using the RRI methodology included in Exhibit 2.

Partial Month Service. If, during a month, a Service Unit is added to 1071 or 1033 deleted from CONTRACTOR’S Service Area, the CONTRACTOR’S billing shall be pro- 1072 pro-rated 1034 based on the weekly service rate (the weekly service rate shall be the service rate 1073 established in 1035 Exhibit 1 divided by the number of actual weeks in the month that collection 1074 service was provided 1036 to the Service Unit). 1075 1037 4.01.2.1 Delinquent Service Accounts. The CONTRACTOR 1076 shall 1038 report to the Town Representative, on a monthly basis, all SFD Service Recipients who 1077 have 1039 received Collection Service and whose account is over ninety (90) days past due, and 1078 all MFD 1040 and Commercial Service Recipients whose account is over forty-five (45) days past 1079 due. The 1041 CONTRACTOR may take such action as is legally available to collect or cause 1080 collection of such 1042 past due amounts, including ceasing the provision of Collection Services 1081 to any Service Unit due 1043 to non-payment. 1082 1044 4.01.3 Invoice Method. CONTRACTOR will make available to the Service 1083 1045 Recipient an option and means to receive CONTRACTOR invoices by mail (hardcopy 1084 invoices) 1046 or email (electronic invoices). The CONTRACTOR will bi-annually advertise 1085 invoice method to 1047 all Service Recipients. 1086 1048 4.01.4 Payment Methods. CONTRACTOR shall provide the means for 1087 Service 1049 Recipients to pay bills in person, over the phone or online with the following 1088 payment methods: 1050 cash, checks, e-check, credit cards, CONTRACTOR website, online 1089 payment systems or 1051 automatic withdrawal from Service Recipient bank account. Online 1090 payment methods shall be 1052 password protected, PCI Compliant, and comply with state and 1091 federal law protecting the privacy 1053 of Service Recipient credit information. At TOWN’s 1092 request, CONTRACTOR shall provide 1054 evidence of such security certifications and advise 1093 TOWN of CONTRACTOR’S security measures 1055 implemented for on-line payment. 1094 1056 4.01.5 Billing Inserts. TOWN may provide educational and other material 1095 1057 provided by the Town or a third party to CONTRACTOR for inclusion in the paper or 1096 electronic invoices provided by 1058 CONTRACTOR to Service Recipients for Collection 1097 Services, Town partnerships, Town programs 1059 or Town-sponsored Events up to one (1) time 1098 per Agreement Year. CONTRACTOR shall not 1060 charge TOWN for the inclusion of additional 1099 educational or other materials in the invoices. 1100 1061 4.02 Service Recipient Rate Elements. Service Recipient Rates shall consist of 1101 some 1062 combination of the following elements: a Collection Element, a Disposal Element, an 1102 Organic 1063 Waste Processing Element, a Franchise Fee Element, and such other elements as 1103 may be added 1064 by the TOWN during the term of this Agreement. 1104 1065 4.03 TOWN Approval of CONTRACTOR Rate Application. On or before August 31, 1105 1066 2018, and annually thereafter during the term of this Agreement, the TOWN Representative 1106 shall 1067 notify CONTRACTOR of the RRI adjustments to the affected Service Recipient Rates 1107 to take 1068 place on the subsequent October 1st. 1108 4.04 Adjustments to Service Recipient Rates Using the Refuse Rate Index (RRI). 1109 4.04.1 Adjustments to Collection Elements. Beginning on October 1, 2018, 1110 and annually thereafter during the term of this Agreement, the Collection Elements of the 1111 Service Recipient Rates set forth in Article 4 shall be adjusted by the RRI adjustment set 1112 forth below. In any year that the calculation of the RRI results in a negative number, there 1113 shall be no adjustment of the Collection Elements. Instead, the negative RRI number shall 1114 be added to the result of the subsequent years RRI calculation and the result shall be the 1115 RRI adjustment for that subsequent year. 1116 4.04.1.1 RRI Adjustment Calculation. The RRI adjustment shall 1117 be the sum of the weighted percentage change in the annual average of each RRI index 1118 number between the base year, which shall be the prior preceding year ending December 1119 31st, and the preceding year ending December 31st as contained in the most recent release 1120 of the source documents listed in Exhibit 2, (“REFUSE RATE INDEX”) which is attached to 1121 and included in this Agreement. Therefore, the first Collection Element rate adjustment 1122 effective October 1, 2018 will be based on the percentage changes between the annual 1123 average of the RRI indices from January 1, 2016 to December 1, 2016 and the annual 1124 average of the RRI indices from January 1, 2017 to December 1, 2017. The RRI shall be 1125 calculated using the RRI methodology included in Exhibit 2.

Partial Month Service. If, during a month, a Service Unit is added to 1071 or 1031 deleted from CONTRACTOR’S Service Area, the CONTRACTOR’S billing shall be pro- 1072 pro-rated 1032 based on the weekly service rate (the weekly service rate shall be the service rate 1073 established 1033 in Exhibit 1 divided by the number of actual weeks in the month that collection 1074 service was 1034 provided to the Service Unit). 1075 1035 4.01.2.1 Delinquent Service Accounts. The CONTRACTOR 1076 shall 1036 report to the Town Representative, on a monthly basis, all SFD Service Recipients who 1077 have 1037 received Collection Service and whose account is over ninety (90) days past due, and 1078 all MFD 1038 and Commercial Service Recipients whose account is over forty-five (45) days past 1079 due. The 1039 CONTRACTOR may take such action as is legally available to collect or cause 1080 collection of 1040 such past due amounts, including ceasing the provision of Collection Services 1081 to any Service 1041 Unit due to non-payment. 1082 NOTE: If billing cycle is changed from current three (3) to two (2) 1042 month billing cycle, timeframes for delinquency notices will be modified as appropriate. 1043 4.01.3 Invoice Method. CONTRACTOR will make available to the Service 1083 1044 Recipient an option and means to receive CONTRACTOR invoices by mail (hardcopy 1084 invoices) 1045 or email (electronic invoices). The CONTRACTOR will bi-annually advertise 1085 invoice method to 1046 all Service Recipients. 1086 1047 4.01.4 Payment Methods. CONTRACTOR shall provide the means for 1087 Service 1048 Recipients to pay bills in person, over the phone or online with the following 1088 payment methods: 1049 cash, checks, e-check, credit cards, CONTRACTOR website, online 1089 payment systems or 1050 automatic withdrawal from Service Recipient bank account. Online 1090 payment methods shall be 1051 password protected, PCI Compliant, and comply with state and 1091 federal law protecting the 1052 privacy of Service Recipient credit information. At TOWN’s 1092 request, CONTRACTOR shall 1053 provide evidence of such security certifications and advise 1093 TOWN of CONTRACTOR’S security 1054 measures implemented for on-line payment. 1094 1055 4.01.5 Billing Inserts. TOWN may provide educational and other material 1095 1056 provided by the Town or a third party to CONTRACTOR for inclusion in the paper or 1096 electronic invoices provided by 1057 CONTRACTOR to Service Recipients for Collection 1097 Services, Town partnerships, Town 1058 programs or Town-sponsored Events up to one (1) time 1098 per Agreement YearEvents. CONTRACTOR shall not charge TOWN for the inclusion 1059 of additional 1099 educational or other materials in the invoices. 1100 1060 4.02 Service Recipient Rate Elements. Service Recipient Rates shall consist of 1101 some 1061 combination of the following elements: a Collection Element, a Disposal Element, an 1102 Organic 1062 Waste Processing Element, a Franchise Fee Element, and such other elements as 1103 may be 1063 added by the TOWN during the term of this Agreement. 1104 1064 4.03 TOWN Approval of CONTRACTOR Rate Application. On or before August 31, 1105 1065 2018, and annually thereafter during the term of this Agreement, the TOWN Representative 1106 1066 shall notify CONTRACTOR of the RRI adjustments to the affected Service Recipient Rates 1107 to 1067 take place on the subsequent October 1st. 1108 4.04 Adjustments to Service Recipient Rates Using the Refuse Rate Index (RRI). 1109 4.04.1 Adjustments to Collection Elements. Beginning on October 1, 2018, 1110 and annually thereafter during the term of this Agreement, the Collection Elements of the 1111 Service Recipient Rates set forth in Article 4 shall be adjusted by the RRI adjustment set 1112 forth below. In any year that the calculation of the RRI results in a negative number, there 1113 shall be no adjustment of the Collection Elements. Instead, the negative RRI number shall 1114 be added to the result of the subsequent years RRI calculation and the result shall be the 1115 RRI adjustment for that subsequent year. 1116 4.04.1.1 RRI Adjustment Calculation. The RRI adjustment shall 1117 be the sum of the weighted percentage change in the annual average of each RRI index 1118 number between the base year, which shall be the prior preceding year ending December 1119 31st, and the preceding year ending December 31st as contained in the most recent release 1120 of the source documents listed in Exhibit 2, (“REFUSE RATE INDEX”) which is attached to 1121 and included in this Agreement. Therefore, the first Collection Element rate adjustment 1122 effective October 1, 2018 will be based on the percentage changes between the annual 1123 average of the RRI indices from January 1, 2016 to December 1, 2016 and the annual 1124 average of the RRI indices from January 1, 2017 to December 1, 2017. The RRI shall be 1125 calculated using the RRI methodology included in Exhibit 2.