R2016-57 AUTHORIZING CONTRACT - Midwest Fiber Inc.

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TO MIDWEST FIBER RECYCLING: TO CITY: Midwest Fiber Recyling City of Decatur Attn: Todd Shumaker Attn: Assistant City Manager for 1902 North Water St. Development Services Decatur, IL 62526 1 Gary K. Anderson Plaza Decatur, IL 62523 WARRANTY: The Contractor warrants that the services to be provided by it hereunder will be performed in a timely, and professional manner by qualified staff and in accordance with generally accepted practices of professional end-users. BANKRUPTCY: If the Contractor at any time during the term of the agreement and contract become insolvent, or if proceedings in bankruptcy shall be instituted by the Contractor or if proceedings in bankruptcy shall be instituted against the Contractor, or if the Contractor shall be adjudged bankrupt or a receiver of any property of the Contractor shall be appointed in any suit or proceeding brought by or against the Contractor, or if the Contractor shall make an assignment for the benefit of creditors, then in each and every case, this agreement and contract and the rights and privileges granted hereby may, at the option of the City, immediately cease, determine and be forfeited and canceled. The Contractor warrants to list the City as a creditor in any bankruptcy filing. LITIGATION: In the event that litigation should be filed against the City which contest the right of the City to award the limited exclusive recycling processing status granted herein, the Contractor shall pay all legal fees and other costs incurred by the City in defending the terms of , this agreement and contract. If a trial court should hold that the granting of this limited exclusive 'i right was improper, either party may elect to terminate this agreement and contract upon at least � sixty (60) days prior written notice. Provided, however, that the termination of the agreement shall not end the obligation of the Contractor to pay legal fees and costs of the City so long as such litigation is continued by any party. RIGHT TO REQUIRE PERFORMANCE: Failure by either party at any time to require performance by either party or to claim a breach of any provision of this Contract shall not be construed as affecting any subsequent right to require performance or to claim a breach. COMPLIANCE WITH APPLICABLE LAWS. ORDINANCES, AND REGULATIONS: The Contractor(s) shall comply with all Federal, State, County and local laws, ordinances, and regulations governing the collection, disposal, and processing of recyclables. EQUAL EMPLOYMENT: During the term of a contract, the Contractor shall comply in all respects with the Equal Employment Opportunity Act/Illinois Human Rights Act. The Contractor shall comply with the Equal Employment Opportunity Clause. Findings of noncompliance with applicable State or Federal Equal Employment Opportunity Laws are regulations may be sufficient reason for revocation or cancellation of the contract. ENTIRE AGREEMENT: This Contract contains the entire agreement, between Contractor and City. It shall become effective and binding upon acceptance and execution by Contractor. It may be amended or modified only in writing and signed by duly authorized representatives of 13