LPSP_Garbage_Service_-_Terms_and_Conditions.docx

Garbage Service Terms and Conditions Service:

Remove all waste from each container, leave each container level and in the designated space. Area around container is to be left free of trash and debris after emptying.

The Supplier’s normal business hours for this service are acceptable unless otherwise specified (By line item/location) in the bid. If the location to be serviced is locked and not accessible to the supplier on a state holiday, service is to be provided on the next state business day, if possible. The state will prorate invoices for payment if service is not provided on a scheduled pickup day or the day following a state holiday.

Award:

Award will be made by all or none to the lowest responsible bidder.

Permits and Licenses:

Supplier will be required to submit copies of all applicable permits and licenses to the agency at the supplier’s expense before award can be made. Supplier must also provide written documentation as to landfill(s), transfer stations, etc., to be used by the supplier in disposing of trash collected.

Assignment of contract:

Contract Suppliers operating under the same name and/or federal employer tax identification number (FEIN) but with different addresses must submit separate bids for each address. The State of Alabama uses the VC/VS (VSS Account number) as the contract supplier number and considers each contract supplier address as a separate supplier. The Comptroller’s Office cannot issue payments if the addresses on the invoices do not match the contract and purchase orders.

If an awarded supplier sells or merges its company at any time during a contract period, the supplier will continue to be responsible for all services until the appropriate paperwork has been approved and the contract successfully transferred. State Purchasing will need a letter from both the buyer and the seller, 30 days prior to the expected buyout or merger. Both suppliers must include the contract number, location, etc., and accept that all pricing, terms, and conditions will be met according to the original supplier’s bid submission.

Contract period:

Establish a 12 month contract with an option to extend for a second, third, fourth, and fifth 12 month period with the same pricing, terms and conditions. The second, third, fourth, or fifth 12 month period, if agreed by both parties, would begin the day after the first, second, third, or fourth 12 month period expires. Any successive extension must have written approval of both the state and supplier no later than 30 days prior to expiration of the previous 12 month period.

Requested information:

Any additional information requested from a supplier must be furnished within five (5) days from receipt of request.

Applicable Laws:

The supplier will comply with all applicable Federal and State of Alabama laws and all municipal ordinances that apply to waste collection and disposal. Title to the trash transfers at the time and point of collection.

Equipment Furnished by Supplier:

All vehicles and containers furnished by the supplier will be in good mechanical condition and have an acceptable appearance. Containers, if furnished, will meet ADEM Containment requirements by providing containers that are in good mechanical condition with doors and lids that open properly and close securely, to include locks (if requested) that will prevent animals from accessing contents of containers at no additional cost to the state. Containers will not be rusted, and if they become rusted during the life of the contract, the supplier will replace said containers at no additional cost to the state. All containers must also be furnished with plugs to prevent containers from leaking at no additional cost to the state. Supplier will steam clean and deodorize as necessary to prevent objectionable odors.

Containers owned by the State of Alabama will be maintained by the state.

Liability of Supplier:

The supplier will be responsible for the damage to the State of Alabama property/building when the damage is caused by supplier/employees while executing the garbage service.

Cancellation:

The state may cancel a contract/purchase order if the agency service address is relocated or closed. The cancellation will be effective on the last day of the month following the 30-day written notification from the Chief Procurement Officer.

Additional Locations:

Additional locations may be added on an “as needed” basis, as determined by the agency and the CPO.

Price Escalation:

If, during the performance of this contract, the price of the material or cost of the labor involved significantly increases through no fault of the supplier, a price increase may be considered. Documentation of a price increase for materials is required from the manufacturer. Documentation of a price increase for labor is required from the supplier. Any proposed increases in labor and/or materials may not exceed increases in CPI (Consumer Price Index) for the same time period. All price increases must be approved by both the state and the supplier in writing. Any de-escalation in price shall be passed onto the state immediately while still meeting all specifications, terms, and conditions of the contract.

Default:

When a supplier defaults on a contract and/or purchase order, the State may procure the goods or services under the contract from other sources and the defaulting supplier shall be responsible for any additional costs incurred by the State for the procurement from other sources. The defaulting supplier may also be subject to suspension and/or debarment in accordance with the Code of Alabama or the State of Alabama Department of Finance Administrative Code.

Payment Terms, Invoice, and Billing:

All invoicing shall be 30 days in arrears. The invoices must match the Master Agreement, including name, address, and supplier’s VSS account number.

The state will not pay any additional fees or taxes that are not included in the solicitation.

Questions regarding pick-up, delivery, services to be performed, billing, invoicing, and payment, will need to be addressed to the agency directly.