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R2021-93 Resolution Authorizing a Contract Between the City of Decatur and Midwest Fiber, Inc. of Decatur for Processing Single Stream Recyclables
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R2021-93 Resolution Authorizing a Contract Between the City of Decatur and Midwest Fiber, Inc. of Decatur for Processing Single Stream Recyclables
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Last modified
6/10/2022 9:44:12 AM
Creation date
5/18/2021 5:17:27 PM
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Resolution/Ordinance
Res Ord Num
R2021-93
Res Ord Title
R2021-93 Resolution Authorizing a Contract Between the City of Decatur and Midwest Fiber, Inc. of Decatur for Processing Single Stream Recyclables
Department
City Manager
Approved Date
5/17/2021
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I. City determines that satisfactory performance of this Contract <br /> is substantially endangered or that a default is likely to occur; <br /> 2. Contractor becomes subject of any bankruptcy or insolvency <br /> proceeding; terminate or suspend their operations; become for <br /> any reason financially insolvent or unable to pay its bills; <br /> 3. Contractor has failed to comply with applicable federal, state <br /> and local laws,rules, ordinances,regulations and orders when <br /> performing within the scope of this Contract; <br /> 4. Contractor has engaged in any conduct that has or may expose <br /> City to liability, as determined in City's sole discretion; <br /> 5. A labor strike or disagreement resulting in stoppage or <br /> reduction in services exceeding two business days. <br /> If there is default caused by Contractor, City shall provide written notice to <br /> Contractor requesting that the breach or noncompliance be remedied within <br /> the period of time specified in the City's written notice to Contractor. If the <br /> breach or noncompliance is not remedied by the date stated in the written <br /> notice, the City may either: i) immediately terminate the Contract without <br /> additional written notice; or ii) enforce the terms and conditions of the <br /> Contract, including seek all legal and equitable remedies. <br /> Upon a breach of this Contract, the non-defaulting party, in any court of <br /> competent jurisdiction, by an action or proceeding at law or in equity, may <br /> enforce this Contract or may be awarded damages for failure of performance, <br /> including attorney's fees and professional fees, or both, and costs. <br /> I. FORCE MAJUERE: Neither party shall be deemed in default of this <br /> Contract if such default is due to any civil disorder, riots, insurrections, <br /> war, major casualties, Act of God, or any other cause beyond the reasonable <br /> control of the City or FS ("Force Majeure"). A force majeure event shall be <br /> claimed in writing, if at all, within 20 days of the event thereof, and <br /> otherwise may not be claimed. <br /> J. STRIKES: The Contractor shall be required to file proof with the City that <br /> it has a "no strike" provision for the duration of all collective bargaining <br /> agreements with its workers as a condition of the City entering this <br /> Contract. Prior to any renewal or new contract, the Contractor shall produce <br /> proof that all collective bargaining agreements with its workers contains a <br /> "no strike" clause. <br /> K. AMENDMENTS: This Contract may not be amended, supplemented, <br /> modified or in any way altered except by written agreement executed by <br /> the parties' authorized representatives. <br /> L. CHANGE IN SERVICE: Prior to changing the type of service or service <br /> schedule described in this Contract, the City shall notify the Contractor of <br /> the proposed changes in writing. Thereafter, the Contractor shall within <br />
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