2018-07-11 CC Handout - Laserfiche WebLink

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breach or failure to perform within seven (7) days of written notice from the City to the Company. The breach or failure must be cured to the satisfaction of the City Administrator. Notice required in this paragraph is sufficient if delivered by email to Company's designated representative. 10. Compliance with Laws. Company warrants that the Services will be performed in a good, safe and workmanlike manner, and in compliance with all applicable federal, state, provincial and local laws, rules, regulations, and permit conditions relating to the Services, including without limitation any applicable requirements relating to protection of human health, safety, or the environment ("Applicable Law"). In the event any provision of this Agreement conflicts with an ordinance of the City, the law shall control and Company may be fined, punished, or otherwise sanctioned under such ordinance. Company, however, may immediately terminate this Agreement if the City adopts an ordinance that makes its performance of the Services in accordance with this Agreement subject to fine, punishment or other sanction. Company reserves the right to decline to perform Services, which, in its judgment, it cannot perform in a lawful manner or without risk of harm to human health, safety or the environment. 11. Title. Title to Waste Material shall pass to Company when loaded into Company's collection vehicle or otherwise received by Company. Title to and liability for any Excluded Waste shall at no time pass to Company. 12. Excluded Waste. If Excluded Waste is discovered before it is collected by Company, Company may refuse to collect the entire Waste Container that contains the Excluded Waste. In such situations, Company shall contact the Customer and the Customer shall promptly undertake appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or generator of the Excluded Waste. In the event Excluded Waste is present but not discovered until after it has been collected by Company, Company may, in its sole discretion, remove, transport, and dispose of such Excluded Waste at a facility authorized to accept such Excluded Waste in accordance with Applicable Law and charge the depositor or generator of such Excluded Waste for all direct and indirect costs incurred due to the removal, remediation, handling, transportation, delivery, and disposal of such Excluded Waste. The City shall provide all reasonable assistance to Company to conduct an investigation to determine the identity of the depositor or generator of the Excluded Waste and to collect the costs incurred by Company in connection with such Excluded Waste. 13. Specifications for all Recyclable Materials. Recyclable Materials shall comply with any and all specifications provided by Company in order to meet quality thresholds for commodity markets and be free of contamination. The Company may retain the gross proceeds from the sale of recyclable materials. If the Company and the City determine that Recyclable Materials cannot be sold or given away, the Company will advise resident that materials are to be disposed of as Garbage and Rubbish rather than as Recyclable Material. The Company and the City shall both act reasonably, and without unreasonable delay, in responding to a request by the other that a material no longer be considered a Recyclable Material for purposes of this Agreement. If market conditions develop that limit or inhibit Company from selling some or all of the Recyclable Materials, Company may or dispose of the Recyclable Materials in a landfill. 14. Equipment; Access. The Company shall supply all equipment, labor, Containers, and materials necessary to complete collection, hauling, disposal and/or processing of all Waste Material and replacement Containers for Recyclable Materials from participating Residential Units. Any equipment that Company furnishes or uses to perform the Services under this Agreement shall Page 5 of 18