AG 2017 10 16 - Laserfiche WebLink

Home Browse Search

municipal solid waste management facility for the disposal of all municipal solid waste generated from within the City and each Town,entitled to receive for disposal all such residential municipal solid waste to the extent the County can control its disposal whether by ordinance, contract,or otherwise. The County enters into this Contract on its own behalf and on behalf of the City and each Town,purSMInt to its authority under the above described statutes, laws,and ordinances, and pursuant to its interlocal Agreement with the City,and its interlocal Agreement with each Town. The grant of these rights is subject to the condition that Contractor comply with all requirements of the Contract. 12. TITLE; EXCLUDED WASTE 12.1 Title. Title to Waste Materials and Recyclable Materials shall pass to the Contractor when placed in Contractor's collection vehicle. Title to and liability for any Excluded Waste shall at no time pass to Contractor. 12.2 Excluded Waste. If Excluded Waste is discovered before it is collected by Contractor, Contractor may refuse to collect the entire Bin, Container, Bag or Bundle of waste. In such situations, Contractor shall contact the County and the County shall undertake appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or generator of the waste. In the event any Excluded Waste is not discovered by Contractor before it is collected, Contractor may, in its sole discretion. remove., transport and dispose of such Excluded Waste at a location authorized to accept such Excluded Waste in accordance with all applicable laws and charge the depositor or generator of such Excluded Waste all direct and indirect costs incurred due to removal, remediation, handling, transportation, delivery and disposal of such Excluded Waste. The County shall provide all reasonable assistance to Contractor to conduct an investigation to determine the identity of the depositor or generator of the Excluded Waste and to collect the costs incurred by Contractor in connection with such Excluded Waste. Subject to the County's providing all such reasonable assistance to Contractor, Contractor shall release County from any liability for any such costs incurred by Contractor in connection with such Excluded Waste, except to the extent that such Excluded Waste is determined to be attributed to the County. 13. TERMINATION OF CONTRACT 13.1 Termination by the County_. In the event of a failure by Contractor to perform any material provision of this Contract, the County shall give written notice of such breach to the Contractor along with at least thirty (30) days (the "cure period") to correct such breach. County may terminate this Contract after such cure period if Contractor has not corrected such breach to the satisfaction of the County and in accordance with this Contract and County so notifies Contractor in writing of such termination action. At such time, County shall pay Contractor only all charges and fees for the services performed on or before such termination date. Thereafter, in the event such termination occurs during the initial term of this Contract, County, as its sole and exclusive remedy may exercise its rights under Contractor's performance bond, and procure the services of another waste services provider to complete the work covered under this Contract for the remainder of the time period covered by the initial term of this Contract. Except for such right during the initial term of this Page: 15 of 33 9234637.2 Attachment number 2\n G-8 Page 186