§ 18.0. MISCELLANEOUS TERMS


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  • 18.01 Contractor may provide any of the services covered by this Contract through its affiliates or Subcontractors, provided that Contractor shall remain responsible for the performance of all such services and obligations in accordance with the terms of this Contract. Nothing contained in this Contract shall create any contractual relation between any Subcontractor or affiliate of Contractor and LCG.

    18.02 Contractor shall have no confidentiality obligation with respect to any Waste Materials collected pursuant to this Contract.

    18.03 Contractor shall at all times use due diligence to avoid causing unreasonable obstructions to traffic while performing the work contemplated under the Contract. The convenience of the general public, the Residents along and adjacent to the routes, and the protection of persons and property are of prime importance and shall be adequately provided for by Contractor.

    18.04 Except for the guarantees and warranties provided for in this Contract, Contractor provides no additional guarantees or warranties with respect to the work performed. No liquidated damages or penalties may be assessed against Contractor by LCG.

    18.05 Contractor is hereby further notified that for reasonable cause of suspicion, Contractor or Contractor's employees are subject to drug testing while engaged in business on LCG property as per LCG's Comprehensive Substance Abuse Policy and Procedure Memorandum 123-1, Article 4.2.

    18.06 No intellectual property ("IP") rights in any of Contractor's IP are granted to LCG under this Contract.

    18.07 This Contract shall be binding upon and inure solely to the benefit of the parties and their permitted assigns.

    18.08 If any provision of this Contract shall be invalid, illegal or unenforceable, it shall be modified so as to be valid, legal and enforceable but so as most nearly to retain the intent of the parties. If such modification is not possible, such provision shall be severed from this Contract. In either case, the validity, legality and enforceability of the remaining provisions of this Contract shall not in any way be affected thereby.

    18.09 Contractor shall pay LCG twenty thousand ($20,000) dollars upon execution of this Contract and ten thousand ($10,000) dollars per year every year thereafter that the Contract is in effect (hereinafter referred to as "Advertising Funds"). Advertising Funds shall be spent by LCG on public awareness and education relating to Waste Material Disposal, recycling and/or composting.

    18.10 Contractor will fund one hundred sixty-five thousand ($165,000) dollars annually for the Household Hazardous Waste Project. This amount may be reviewed and adjusted annually as agreed to by both parties. If the amount funded increases, Contractor reserves the right to increase the per month per unit rate to LCG and the Rural Residential Customers.

    18.11 The failure or delay on the part of either party to exercise any right, power, privilege or remedy under this Contract shall not constitute a waiver thereof. No modification or waiver by either party of any provision shall be deemed to have been made unless made in writing. Any waiver by a party for one or more similar events shall not be construed to apply to any other events whether similar or not.

    18.12 This Contract shall be interpreted and governed by the laws of the state where the work is performed.

    18.13 This Contract sets forth the entire agreement of the parties and supersedes all prior agreements, whether written or oral, that exist between the parties and/or their affiliates regarding the subject matter of this Contract. All such prior agreements shall be deemed terminated by mutual consent of the parties upon execution of this Contract.

    18.14 If any litigation is commenced under this Contract, the successful party shall be entitled to recover, in addition to such other relief as the court may award, its reasonable attorneys' fees, expert witness fees, litigation related expenses and court or other costs incurred in such litigation or proceeding.

    (Ord. No. O-216-2008, Exh., 11-4-08)

    EXHIBIT A
    INSURANCE REQUIREMENTS

    During the term of this Contract, Contractor shall maintain in force, at its expense, insurance coverage with minimum limits as follows:

    Workers' Compensation
    Coverage A Statutory - as required by Louisiana law governing workers' compensation.
    Coverage B - Employers Liability $1,000,000 each Bodily Injury by Accident
    $1,000,000 policy limit Bodily Injury by Disease
    $1,000,000 each occurrence Bodily Injury by Disease
    Automobile Liability
    Bodily Injury/Property Damage Combined - Single Limit $5,000,000
    Coverage is to apply to any auto, including all owned, non-owned, scheduled, hired and leased vehicles.
    Motor Carrier Act of 1980 Endorsement The policy shall be endorsed for the financial responsibility requirements for public liability under Sections 29 and 30 of the Motor Carrier Act of 1980 using ISO Form MCS-90.
    Commercial General Liability
    Bodily Injury/Property Damage Combined - Single Limit $2,500,000 each occurrence
    $10,000,000 general aggregate

     

    All such insurance policies will be primary without the right of contribution from any other insurance coverage maintained by LCG. All policies required herein shall be written by insurance carriers with a rating of A.M. Bests of at least "A+" and a financial size category of at least XV. Prior to this Contract being executed, Contractor shall furnish LCG with a certificate of insurance on a form reasonably acceptable to LCG, evidencing that such coverages are in effect. Such certificate: (i) will also provide for 30 days prior written notice to LCG of cancellation or material changes to any policy; (ii) shall show LCG, its employees, agents, representatives, officers, directors, elected and appointed officials, and volunteers as additional named insureds under the Automobile and General Liability policies; and, (iii) shall contain waivers of subrogation in favor of LCG, its employees, agents, representatives, officers, directors, elected and appointed officials, and volunteers (including the Worker's Compensation policy). In addition, the following requirements apply:

    • The Commercial General Liability policy must include broad form contractual liability coverage specifically covering Contractor's indemnification of LCG herein. The Commercial General Liability policy, at a minimum, must also include coverage for premises operations, independent contractors, products-completed operations, broad form property damage and personal and advertising injury liability.

    • The Automobile Liability and Commercial General Liability policies shall also contain cross Liability/Severability of Interests provisions assuring that the acts of one insured do not affect the applicability of coverage to another insured.

    (Ord. No. O-216-2008, Exh., 11-4-08)

    EXHIBIT B
    CONTRACTOR'S PRICING AND SERVICES

    Base Residential Rate per City/Parish Residential Unit, per month = $19.52

    Contractor shall provide automated side loader (Cart contents only with a maximum of two Carts per Residential Unit) collection of Solid Waste from each residential unit one (1) time per week. Contractor shall provide rear end loader collection of Yard Waste from each residential unit one (1) time per week. Contractor shall provide collection of Bulky Waste and White Goods from each residential unit one (1) time per month.

    Notwithstanding the aforementioned, during the week immediately following any Thanksgiving, Christmas, New Years and Easter Holiday, Contractor shall pickup residential Solid Waste placed outside of Carts so long as such items are either bagged or in a separate container. Additionally, Contractor shall provide Bulky Waste collection ("Holiday Bulky Waste Collection"). Holiday Bulky Waste Collection shall be in addition to Contractor's normal monthly Bulky Waste collection.

    Except for the exception referenced above, Contractor shall not provide collection of residential Solid Waste not properly contained (e.g., no collection from garbage cans of loose solid waste, etc.) and Contractor will not be staffed or equipped to provide collection of residential Solid Waste, Yard Waste, Bulky Waste and/or White Goods not in compliance with the terms and provisions of the Contract.

    (Ord. No. O-216-2008, Exh., 11-4-08)

    EXHIBIT C
    BASE RESIDENTIAL RATE ADJUSTMENT

    (The following example is for illustrative purposes only)

    2006 Base Residential Rate ("BRR")= $17.00

    Modified Base Residential Rate Calculation

    Index Garbage Index Diesel Index
    September 2007 Index Values 347.949 2.994
    September 2006 Index Values 334.300 2.914
    Difference 13.649 .08
    Divided by September 2006 Index Values 334.300 2.914
    Net Change .041 .027
    Multiplied by the Weighing Factor .90 .10
    Fractional Net Change .037 .003
    Composite Change .04

     

    Modified Base Residential Rate = BRR + (Composite Change x BRR)

    Modified Base Residential Rate = 17.00 + (.04 x 17.00) or $17.68

    Consumer Price Index for All Urban Consumers "Garbage and Trash Collection" (the "Garbage Index"), as published by the U.S. Department of Labor, Bureau of Labor Statistics (CPI Series Report ID: CUUR0000SEHG02).

    Average Price Data for Diesel (the "Diesel Index"), as published by the U.S. Department of Labor, Bureau of Labor Statistics (CPI Series Report ID: APU000074717).

    (Ord. No. O-216-2008, Exh., 11-4-08)

    EXHIBIT D
    CORPORATE GUARANTY

    Beginning after the first six (6) months from the commencement of Automated Collection and every three (3) months thereafter, should the Average Monthly Service Effectiveness Rate ("AMSER"), based on the following calculations, fall below 99.75%, the Contractor shall pay seventy-five thousand ($75,000) dollars to LCG.

    Where: RS = Residential Units Serviced
    VMC = Verified Missed Collection
    MSE = Monthly Service Effectiveness
    ARS = Average Monthly Residential Units Serviced
    AVMC = Average Monthly Verified Missed Collection
    AMSER = Average Monthly Service Effectiveness Rate

     

    Formulas:
    ARS = RS/Number of Months AVMC = VMC/Number of Months
    MSE = 1 - (VMC/RS) AMSER = 1 - (AVMC/ARS)

     

    ____________

    (Used as an example and for illustrative purposes only)

    Months: Apr '09 May '09 Jun '09
    RS = 200,659 200,636 200,481
    VMC = 723 448 654
    MSE = 99.64% 99.78% 99.67%
    AMSER = 1 - (608/200,592) = 99.70%

     

    ____________

    Average Monthly Service Effectiveness Rate for April 2009 - June 2009 = 99.70%

    (Ord. No. O-216-2008, Exh., 11-4-08)

    EXHIBIT E
    CONTRACTOR'S PERFORMANCE BOND

    TO BE PROVIDED UPON EXECUTION OF CONTRACT

    (Ord. No. O-216-2008, Exh., 11-4-08)

    EXHIBIT F
    NOTICE REQUIREMENTS

    A Resident or LCG may notify Contractor of a complaint or Missed Collection in any manner that sufficiently apprises Contractor of the nature thereof.

    Any other notice permitted or required by this Contract may be sent by facsimile or email with the original document being sent by certified (or registered) mail, return receipt requested, or overnight delivery and shall be effective when received (or refused) via facsimile, email, certified (or registered) mail or overnight delivery and sent and addressed as follows (or to such other facsimile number, email address or address as may be designated by a party in writing):

    If to Contractor: Title: Contractor's Presiding General Manager
    Mailing address: P. O. Box 1310
    Scott, LA 70583
    Facsimile number: 337/235-6194
    Telephone number: 337/232-5730
    If to LCG: Title: LCG's Presiding Public Works Director
    Mailing address: P. O. Box 4017-C
    Lafayette, LA 70502
    Facsimile number: 337/291-8592
    Telephone number: 337/291-8502
    AND
    Title: Clerk of the Council
    Lafayette City-Parish Consolidated Government
    Mailing address: P. O. Box 4017-C
    Lafayette, LA 70502
    Facsimile number: 337/291-8822
    Telephone number: 337/291-8810

     

    (Ord. No. O-216-2008, Exh., 11-4-08)

    EXHIBIT G
    SPECIAL EVENT SUMMARY

    Community Service - Contractor shall provide, at no charge to LCG, the Collection and Disposal of Solid Waste at special events held within the Service Area, which shall consist of the following:

    SPECIAL EVENTS SUMMARY
    Event Name Frequency Service Type Quantity Amount of Service
    Minimum
    Requirements
    Festival Internationale Annual Roll Off
    Front Load
    2—30 yards
    5—8 yards
    Service Daily—5 days
    Service Daily—4 Days
    Mardi Gras Annual Midnight Street Sweep 3 Trucks Tuesday Night Service
    Trash Bash Annual Roll Off 2—30 yards Service—1 Day Each
    Festival Acadienne Annual Litter Containers 17 Cardboard Boxers/Liners Service Each—1 Day
    Downtown Alive 16 times/year Litter Containers 10 Cardboard Boxers/Liners 16 Events
    Neighborhood Pride Clean Ups 6 times/year Roadside Cleanup 6—30 yards/Boom Truck 6 times per year
    Christmas Tree Pickup Annual Roadside Pickup, Transported to Southern LA., Parishes (Cost provided by others for Transportation) 5,000 Trees + 5,000 Trees is Estimate for City and Parish. Trees Used in Coastal Erosion Project

     

(Ord. No. O-216-2008, Exh., 11-4-08)