[Ord. No. 4032 §1, 1-21-2015]
A. The City reserves the right to revoke this agreement and all provisions
and addendum thereof in the event that the contractor fails in any
of the obligations below:
1.
Violates any provision of this agreement or City ordinance,
except if such violation is an act of God; or
2.
Fails to provide or maintain liability indemnification coverage
or performance bond as required herein; or
3.
Frequently violates any reasonable orders or rulings of any
regulatory body having jurisdiction over the contractor relative to
the collection, disposal or processing of solid waste, unless such
orders or rulings are being contested by agreement as authorized by
law; or
4.
The contractor attempts to evade any provision of this agreement
or the provisions of the City's solid waste code; or
5.
The contractor becomes insolvent, or is placed in receivership,
or is unable or unwilling to pay its debts, or is adjudged bankrupt.
B. In the event the contractor fails to collect refuse, recyclables
or yard waste for any seven-day period as provided herein, the City
is authorized to execute against the performance bond, and the ninety-day
notice provision will thereby be waived, the City having the immediate
right to terminate the agreement without further notice to the contractor,
except for the acts of God that prevent collection.
1.
The contractor agrees that it will pay all damages; investigative,
attorney, reporter or witness fees; travel expenses; depositions;
court costs; interest; and penalties which the City may legally be
required to pay as a result of any storage, collection, transportation,
processing or disposal of solid waste by the contractor or any wrongful
or negligent acts or admissions of the contractor. These damages;
investigative, attorney, reporter or witness fees; travel expenses;
depositions; court costs; interest; or penalties shall include but
shall not be limited to damages arising out of workers' compensation
laws and all other damages arising out of the performance of the contractor
authorized hereunder, whether or not any act or omission complained
of is authorized, allowed or prohibited by this agreement.
C. Termination of Contract. The City will have the
right to terminate this contract with a ninety-day written notice
to the contractor.