2003-079 Resolution - Laserfiche WebLink

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B. 'Ilze City sha.Il have the right to hold the Contractor to a ni.nety (90) day probationary period, and to terminate the contract within ninety (90) days of the execution of the contract if the City is not satisfied with the services rendered by the Contractor. Sai.d tezmination by the City shall be in writing and shall be served by certified or registered mail, return receipt requested. C. Z'he City pramises to cooperate with BFI in the endeavor to provide the above described level of quality service. D. Key Personnel - BF'I promiaes to furnish the City the names of key personnel. E. Drivers and Helpers - BFI promises to instruct and train the drivers and helpers in the safe opexation of packer equipment and basic and on- going courtesy,to the public. F. All services to be rendered by BFI under this Contract Agreement shall be subject to the overview of the Director of Public Service. The City shall not.intexfere with the managenent of BFI internal affairs and sha]1 not attempt to di.rectly discipline or interfere with any BFI employee. The Gity may advise BFI of any ennployee's inadequate per- fozmance which has a negative effect m the refuse pick-up service being provided, and BFI sha11 take prompt action to remedy the situation. G. The weekly collection of yard waste shall occur between April lst and November lst of each year. H. The Contractor shall provide separate vehicles for residential refuse, for comini.ngled recyclable materials and .for yard waste. 2tao-person crews per truck shaZ]. be used for residential refuse and for yard waste. Trucks shall be rear-loading except for recyclable material trucks which may be either rear-loadi.ng or side-loacling. Residential refuse trucks and ysrd waste trucks shall have a capacity of 32 cubic yards or less. Recqclable material trucks shall have capacity of 40 eubic yar.ds or less. SECTION IV - FORCE MAJEURE .AND DISPUTES A.. BFI shall not be held respansible for failure to perform, due to events beyond the control of BFI. Such events may include Acts of God, fire, epidemics, earthquakes, flood or other natural disasters, acts of the government, riots, strikes, war or civil disorders. B'. Any controversy or claim arising aut of or relating to the provision of this Contract Agreenent, or the breach .thereof, shalJ. be settled by arbitration at the election of either party in accordance with the Rulee of the American Arbitration Associatiore of Cleveland, Ohio, and judgement upon the award rendered by the arbitrators maq be entered in any court having jurisdiction thereof. SECTIDN V As outlined in #3, GC-1, Quantities in the specifications,.the estimated number of units to be serviced ie 10,500. BFI, .in cooperation with the Director o£ Public Service shall'annually sudit this estimate until the completion of the contract. All invoicing o£ residential serviee shall be predicated upon the mutually agreed upon audit figures. . SECTION VI The City agrees and binds itself to pay to BFI the consideration of $1,508,850.00 per year for a three-year total of $4,526,550.00; for residential refuse service subject to all the covenants of this Contract Agreement.