R2016-57 AUTHORIZING CONTRACT - Midwest Fiber Inc.

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c) Contractor has failed to comply with applicable federal, state and local laws, rules, ordinances, regulations and orders when performing within the scope of this Contract; d) Contractor has engaged in any conduct that has or may expose City to liability, as determined in City's sole discretion; e) A labor strike or disagreement resulting in stoppage or reduction in services exceeding two business days. If there is default caused by Contractor, City shall provide written notice to Contractor requesting that the breach or noncompliance be remedied within the period of time specified in the City's written notice to Contractor. If the breach or noncompliance is not remedied by the date stated in the written notice, the City may either: i) immediately terminate the Contract without additional written notice; or ii) enforce the terms and conditions of the Contract, including seek any and all legal and equitable remedies. Upon a breach of this Agreement, the non-defaulting party, in any court of competent jurisdiction, by an action or proceeding at law or in equity, may enforce this Contract or may be awarded damages for failure of performance, including attorney's fees and professional fees, ar both, and costs. FORCE MAJUERE: Neither party shall be deemed in default of this Contract if such default is ' due to any civil disarder, riots, insurrections, war, major casualties, Act of God, or any other !, cause beyond the reasonable control of the City of FS ("Force Majeure"). A force majeure event � shall be claimed in writing, if at all, within 20 days of the event thereof, and otherwise may not ' be claimed. STRIKES: The Contractor shall be required to file proof with the City that it has a "no strike" provision for the duration of all collective bargaining agreements with its workers as a condition of the City entering this Contract. Prior to any renewal or new contract, the Contractor shall produce proof that all collective bargaining agreements with its workers contains a "no strike" clause. AMENDMENTS: This contract may not be amended, supplemented, modified or in any way altered except by written agreement executed by the parties; authorized representatives. CHANGE IN SERVICE: Prior to changing the type of service or service schedule described in this contract, the City shall notify the Contractor of the proposed changes in writing. Thereafter, the Contractor shall within sixty (60) days provide the City a response to the proposed changes, including any changes or modifications to this contract necessitated thereby. The parties shall thereafter attempt to come to an agreement as to any disputed changes. In the event no agreement is reached after reasonable attempts to negotiate the same, either party may terminate this contract upon a minimum seven(7) days written notice to the other. NON-ASSIGNMENT: The Contractor shall not assign or subcontract this contract, or the work thereof, to any person, firm, or corporation without prior written consent of the City, but the Contractor may perform its obligations hereunder through its own affiliates, subsidiaries or divisions. No assignment or subcontracting of the work under this contract shall relieve the Contractor of its obligations hereunder, or alter the terms of this contract. INSURANCE: Prior to performing any work under this Contract, Contractor shall obtain and provide City proof of the following insurance coverages, provided by insurance companies 11