The object of the contract includes the collection of separately collected municipal waste and the collection of mixed municipal waste from owners of residential and uninhabited real estate, on which municipal waste is generated, located in the commune of Jerzmanowice - Przeginia and the management of waste separately collected in the scope of fractions: paper, cardboard, plastics, metals , multi-material packaging, glass and bulky waste.

Details on the description of the subject of the contract are included in the OPZ and the contract template.

1. The subject of the contract includes the collection of separately collected municipal waste and the collection of mixed municipal waste from owners of residential and uninhabited real estate, on which municipal waste is generated, located in the commune of Jerzmanowice - Przeginia and the management of waste separately collected in the following fractions: paper, cardboard, plastics , metals, multi-material packaging, glass and bulky waste.

2. Details on the description of the subject of the contract are included in the OPZ and the model contract.

3. The Awarding Entity reserves the obligation for the Contractor to perform key parts of the contract personally, covered by an entry in the register of regulated activities in the field of receipt of municipal waste in the commune of Jerzmanowice - Przeginia, at least as regards the codes covered by the subject of the contract in accordance with art. 9c of the Act on maintaining cleanliness and order in communes of 13.9.1996 (Journal of Laws 2018, item 1454), an entry in the register kept by the competent Marshal of the Voivodeship in the field of waste transport in accordance with the Waste Act of 14.12 .2012 (Journal of Laws 2019, item 701) and a decision to collect municipal waste selectively collected from the territory of the commune of Jerzmanowice - Przeginia on the premises of a storage or storage-transport base in accordance with the provisions of Art. 41 of the Waste Act of December 14, 2012 (i.e. Journal of Laws 2019, item 701) except for the collection and transport of municipal waste from municipal cemeteries and municipal marketplaces; whereby the subcontractor should have for the implementation of this part of the contract the abovementioned entries and authorization.

4. Therefore, they cannot be entrusted to subcontractors. It also means that the Contractor may not rely on the resources of a third party to confirm that the conditions for participation in the procedure have been met.

5. The Employer requests the Contractor to indicate the part of the contract which it intends to entrust to subcontractors and to provide by the contractor the names of the subcontractors' companies, subject to point 3 and 4.

6. Information for Contractors:

a. According to art. 29 paragraph 3a of the Public Procurement Law, the Employer requires employment on the basis of an employment contract by the Contractor or a subcontractor of all persons involved in the performance of the tasks covered by the contract, in particular those performing the following activities during the implementation of this contract:

- driving vehicles receiving municipal waste,

- conducting substantive and financial settlements regarding the subject of the order,

- loading and preparing waste for collection,

- supervising the implementation of the subject of the contract on behalf of the Contractor,

- related to waste transport logistics (including dispatcher work);

b. The contractor will provide a method of documenting the employment of the persons referred to in art. 29 paragraph 3a of the PPL Act:

- provides the Employer with up to 30 days from the date of signing the contract, an anonymous list with a list of persons who will be designated to perform the contract with the name of the position, type of employment contract and its term,

- at the request of the Employer, presents information confirming the fulfillment of the obligation to employ people under an employment contract;

c. The Awarding Entity's powers to control compliance of the contractor with the requirements referred to in art. 29 paragraph 3a of the Public Procurement Law, and sanctions for failure to meet these requirements:

- requesting statements and documents regarding confirmation of compliance with the abovementioned requirements and assessing them,

- requesting clarifications in case of doubts as to confirmation of compliance with the abovementioned requirements

- carrying out inspections at the place of performance,

- for failure by the Contractor or Subcontractor to employ under the employment contract of persons performing the abovementioned activities, the Employer provides for a penalty in the form of the Contractor's obligation to pay a contractual penalty of PLN 100 for each violation found.

7. The awarding entity shall use the procedure specified in art. 24aa section 1 and 2 of the PPL Act.