07-A Solid Waste Agreement Ord - Laserfiche WebLink

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such assignee shall have and be utilizing substantially the same assets, liabilities, equipment, and employees as Contractor. 16. CONTRACTOR NOT REPRESENTATIVE OF CITY: The Contractor shall be responsible for the actions of its employees during the performance of service under this Agreement. Execution of this Agreement shall not infer or create any agency or other representative relationship of Contractor by or on behalf of City. Contractor shall be considered for all purposes under this Agreement an independent contractor. 17. LANDFILL CAPACITY: Contractor shall have and maintain during the term hereof, adequate disposal capacity for the City's needs. 18. TERMINATION FOR CAUSE: If at any time Contractor shall fail to substantially perform terms, covenants or conditions herein set forth, City shall notifY Contractor by registered or certified mail addressed to Contractor at the address set forth herein of specific reasons in support of City's claim that Contractor has substantially breached the terms and provisions of this Agreement. Contractor shall be allowed a thirty (30) day period from the date of actual receipt of said notice from City to remedy any failure to perform; provided, however, if such failure is of a nature that it will require more than thirty (30) days to cure such failure, Contractor shall have the right to commence curing such failure within such thirty (30) day period and not be deemed in default of this Agreement, provided Contractor continues to diligently pursue the curing of such failure. Should City deem the failure to perform remedied (or being remedied), no hearing shall be held. Should Contractor fail to remedy its performance, after a hearing described herein, City may terminate this Agreement and the rights and privileges granted to Contractor herein. A notice shall be sent to Contractor no earlier than 10 days before a hearing is scheduled. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of City's claim that Contractor has substantially breached the terms and provisions of the Agreement. Said hearing shall be conducted in public by the City Council and Contractor shall be allowed to be present and shall be given full opportunity to answer such claims as are set out against it in the aforesaid notice. If, after said public hearing, the City Council makes a finding that Contractor has failed to provide adequate waste collection service for City, or has otherwise substantially failed to perform its duties hereunder, the City Council may terminate this Agreement. 19. FORCE MAJEURE: The performance of this Agreement may be suspended and the obligations hereunder excused in the event and during the period that such performance is prevented by a cause or causes beyond reasonable control of a party. Such causes shall include, but not be limited to, acts of God, weather, acts of war, riot, fire, explosion, accident, flood or sabotage; lack of adequate fuel, power or raw materials; judicial or governmental laws, regulations, or other similar or different contingency beyond the reasonable control of Contractor. SOLID WASTE AGREEMENT Page 12