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AG 2017 10 16
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AG 2017 10 16
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Last modified
10/18/2017 10:51:44 AM
Creation date
11/27/2017 10:31:03 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
10/16/2017
Board
Board of Commissioners
Meeting Type
Regular
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municipal solid waste management facility for the disposal of all municipal solid waste <br /> generated from within the City and each Town,entitled to receive for disposal all such <br /> residential municipal solid waste to the extent the County can control its disposal whether by <br /> ordinance, contract,or otherwise. <br /> The County enters into this Contract on its own behalf and on behalf of the City and each <br /> Town,purSMInt to its authority under the above described statutes, laws,and ordinances, <br /> and pursuant to its interlocal Agreement with the City,and its interlocal Agreement with <br /> each Town. <br /> The grant of these rights is subject to the condition that Contractor comply with all requirements of <br /> the Contract. <br /> 12. TITLE; EXCLUDED WASTE <br /> 12.1 Title. Title to Waste Materials and Recyclable Materials shall pass to the Contractor <br /> when placed in Contractor's collection vehicle. Title to and liability for any Excluded Waste shall at <br /> no time pass to Contractor. <br /> 12.2 Excluded Waste. If Excluded Waste is discovered before it is collected by Contractor, <br /> Contractor may refuse to collect the entire Bin, Container, Bag or Bundle of waste. In such situations, <br /> Contractor shall contact the County and the County shall undertake appropriate action to ensure that <br /> such Excluded Waste is removed and properly disposed of by the depositor or generator of the waste. <br /> In the event any Excluded Waste is not discovered by Contractor before it is collected, Contractor may, <br /> in its sole discretion. remove., transport and dispose of such Excluded Waste at a location authorized to <br /> accept such Excluded Waste in accordance with all applicable laws and charge the depositor or <br /> generator of such Excluded Waste all direct and indirect costs incurred due to removal, remediation, <br /> handling, transportation, delivery and disposal of such Excluded Waste. The County shall provide all <br /> reasonable assistance to Contractor to conduct an investigation to determine the identity of the <br /> depositor or generator of the Excluded Waste and to collect the costs incurred by Contractor in <br /> connection with such Excluded Waste. Subject to the County's providing all such reasonable <br /> assistance to Contractor, Contractor shall release County from any liability for any such costs incurred <br /> by Contractor in connection with such Excluded Waste, except to the extent that such Excluded Waste <br /> is determined to be attributed to the County. <br /> 13. TERMINATION OF CONTRACT <br /> 13.1 Termination by the County_. In the event of a failure by Contractor to perform any <br /> material provision of this Contract, the County shall give written notice of such breach to the <br /> Contractor along with at least thirty (30) days (the "cure period") to correct such breach. County may <br /> terminate this Contract after such cure period if Contractor has not corrected such breach to the <br /> satisfaction of the County and in accordance with this Contract and County so notifies Contractor in <br /> writing of such termination action. At such time, County shall pay Contractor only all charges and <br /> fees for the services performed on or before such termination date. Thereafter, in the event such <br /> termination occurs during the initial term of this Contract, County, as its sole and exclusive remedy <br /> may exercise its rights under Contractor's performance bond, and procure the services of another waste <br /> services provider to complete the work covered under this Contract for the remainder of the time <br /> period covered by the initial term of this Contract. Except for such right during the initial term of this <br /> Page: 15 of 33 <br /> 9234637.2 <br /> Attachment number 2\n <br /> G-8 Page 186 <br />
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