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02-17-15-WS
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02-17-15-WS
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2/23/2015 10:49:41 AM
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<br />CITY OF ARDEN HILLS, MN <br />CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 7 <br />research, and that it shall make no claim against the City because of any of the estimates, <br />statements, or interpretations made by any official officer or agent of the City may prove to be <br />in any respect erroneous. The Contractor so assumes the risk of all conditions foreseen and <br />unforeseen and agrees to complete the work without additional compensations under whatever <br />circumstances may develop other than as herein provided. <br /> <br />3.6 Household recyclables collection service from eligible RDU’s shall be performed exclusively by <br />the Contractor. <br /> <br />3.7 The Contractor shall be obligated to protect all public and private utilities whether occupying <br />public or private property. If such utilities are damaged by reason of the Contractor’s operations <br />under this Contract, it shall repair or replace same or, failing to do so promptly, the City shall <br />cause repairs or replacements to be made and the cost of doing shall be deducted from payment <br />to be made to the Contractor. <br /> <br />3.8 In performing any actions or services under this Contract, the Contractor shall comply with any <br />and all federal and state statutes, rules and regulations and any and all City and County <br />ordinances and regulations pertaining to or regulating the provision of such services or actions, <br />including those now in effect or hereafter adopted. <br /> <br /> Any violation of such statutes, ordinances, rules or regulations by the Contractor shall entitle the <br />City to take appropriate corrective action. Any material violation by the Contractor shall entitle <br />the City to terminate this Contract upon twenty-one (21) days written notice of termination to <br />the Contractor except as provided elsewhere herein. Prior to exercising the right of termination, <br />the City shall notify the Contractor in writing and consult with the Contractor in an effort to <br />resolve the dispute. The Contractor may have up to twenty-one (21) days to cure a violation <br />prior to the City’s exercise of its termination right, provided that such an opportunity to cure is <br />not in conflict with the provisions of the subject law, ordinance, rule, or regulation. However, <br />the opportunity to cure shall not apply to subsequent and repeated violations of the same law, <br />ordinance, rule or regulation. <br /> <br /> Amendments to existing regulatory laws, ordinances, regulations and enactment of new laws, <br />ordinances and regulations shall not serve as justification for the Contractor to terminate its <br />obligations hereunder, unless such changes make the completion of this Contract impossible. <br /> <br />3.9 No person shall be illegally excluded from employment rights in, participation in, or be denied <br />the benefits of the program, which is the subject of this Contract on the basis of race, religion, <br />color, creed, sex, age, disability, handicapped status, national origin or any other protected class <br />defined under the Minnesota Department of Human Rights and/or federal law. The Contractor <br />agrees to undertake all efforts at reasonable accommodations as may be required by state or <br />federal law. <br /> <br />3.10 The Contractor shall obtain all required licenses and permits to perform the Contract and <br />promptly pay all fees required or taxes assessed by the City or any other Governmental agency. <br /> <br />3.11 Contractor agrees that no member, officer, or employee of the City shall have any direct or <br />indirect interest in this Contract or the proceeds thereof. Violation of this provision shall cause <br />this Contract to be null and void and Contractor will forfeit any payments to be made under this <br />Contract.
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