Common use of Non-Collection Clause in Contracts

Non-Collection. Should a dispute arise between City, Contractor, and/or Customer as to whether Contractor actually failed to make a collection (missed a pick up) the decision of City shall be final, and Contractor shall abide by such decision. It is specifically understood and agreed that if the Customer fails to timely place a Container out, maintains improper or inadequate Containers for the nature, volume, or weight of Acceptable Waste to be removed from the Premises, or places improper Bundles or volumes of waste for collection, or places Hazardous Waste, Special Waste, or other Refuse in violation of this Agreement, Contractor may refrain from collection of all or a portion of such Refuse that is rendered not collectable due to any of the aforementioned circumstances. Contractor shall notify both City and the Customer of the reason for any such non-collection (unless such non-collection is due to the Customer’s failure to timely place the waste for collection). Contractor’s notice to the Customer shall be in writing, attached to the Container or the front door of the residence or Commercial establishment, and shall indicate the nature of the violation and the correction required in order that such Solid Waste may then be collected at the next regular collection date. Where a Customer notifies City that Acceptable Waste has not been removed from his Premises on the scheduled collection day and where no notice of non-collection or no change in collection schedule has been received from Contractor, City shall investigate. If the investigation discloses that Contractor has failed to collect acceptable waste from the subject Premises without cause, Contractor shall collect same within twelve (12) hours after a collection is ordered by City, at no additional charge. It is expressly understood that these rules apply to any other type of regularly scheduled collection services offered to the Customer, residential or Commercial Solid Waste or Recycling, Bulky Waste, and/or Acceptable Brush collection as may be applicable. In all disputes between Contractor and an owner or residential Customer, City Manager, or his designee, shall make the final decision reconciling differences and Contractor shall abide by the decision. In the event Contractor shall fail to perform any of the obligations set forth, then, in addition to any and all of the remedies set forth in this Agreement, Contractor agrees to pay to the City the following liquidated damages: i. Verified Failure to collect a Residential Unit Customer - $25.00 per Residential Unit Customer, plus $2.00 per day of non-collection after the first day. ii. Verified Failure to collect a Commercial and Industrial Unit Customer - $50.00 per account, plus $10.00 per day of non-collection after the first day. iii. Verified Failure to collect on recycling accounts - $10.00 per account, plus $1.00 per day of non-collection after first day. iv. Failure to provide required records – The City may levy penalties against the Contractor for not providing records to the City as required by this Agreement. The penalty shall be $100.00 per week, per record that is not provided to the City in accordance with this Agreement. Should Contractor fail to make a pick up due to a holiday, Contractor shall make up such pick up before the following regularly scheduled pick up day; provided, however, this shall not apply when weather prevents such make-up collection. The following days are typical legal holidays for the purposes of this Agreement: • New Year’s Day • Independence Day • Thanksgiving Day • Christmas Day Contractor may observe any or all of the above listed holidays by suspension of collection service on the holiday. However, any deviation from a regular scheduled pick up day due to any holiday observed by Contractor must be marketed to all residents within City. Contractor will be responsible for notifying all Customers by newspaper advertisement, direct mail or inserts in City water bills at Contractor’s expense. City will make the decision as to which will ensure all residents are properly notified. In the case of inserts in City water bills, Contractor will provide City with approved printing materials to be inserted in City water bills at least six (6) weeks prior to interruption of service. In either case, City will approve in writing all mass mailings with such approval not to be unreasonably withheld. Solid Waste and Recycling services for residential and commercial routes that occur on holidays shall be picked up on the next regularly scheduled collection day.

Non-Collection. Should a dispute arise between City, Contractor, Contractor and/or Customer a customer as to whether Contractor actually failed to make a collection (whether Contractor missed a pick pick-up) ), the decision of the City shall be final, and the Contractor shall agrees to abide by such said decision. It is specifically understood and agreed that if the Customer customer fails to timely place a Container Container/cart out, maintains improper or inadequate Containers containers for the nature, volume, or weight of Acceptable Waste acceptable waste/recycling to be removed from the Premisespremises, or places improper Bundles bundles or volumes of waste waste/recycling for collection, or places Hazardous Wastehazardous waste, Special Wastespecial waste, or other Refuse refuse in violation of this Agreementagreement, the Contractor may refrain from collection of collecting all or a portion of such Refuse refuse that is rendered not collectable due to any of the aforementioned circumstances. The Contractor shall notify both the City and the Customer customer of the reason for any such non-collection (unless such non-collection is due to the Customercustomer’s failure to timely place the waste waste/recycling for collection). Contractor’s notice to the Customer customer shall be in writing, attached to the Container container or the front door of the residence or Commercial establishmentresidence, and shall indicate the nature of the violation and the correction required in order that such Solid Waste solid waste may then be collected at the next regular collection date. Where a Customer customer notifies the City that Acceptable Waste acceptable waste/recycling has not been removed from his Premises the residents’ premises on the scheduled collection day and where no notice of non-collection or no nor a change in collection schedule has been received from the Contractor, the City shall investigate. If the investigation discloses that the Contractor has failed to collect acceptable waste waste/recycling from the subject Premises premises without cause, the Contractor shall collect same within twelve twenty-four (1224) hours after a collection is ordered by the City, at no additional charge. It is expressly understood that these rules apply to any other type of regularly scheduled collection services offered to the Customer, residential or Commercial Solid Waste or Recycling, Bulky Waste, and/or Acceptable Brush collection as may be applicable. In all disputes between Contractor and an owner or residential Customer, City Manager, or his designee, shall make the final decision reconciling differences and Contractor shall abide by notify the decisionCity within twenty-four (24) of any delays to residential service.” 6. In the event Contractor shall fail Amendment to perform any Contract, Section 12.00 (Term). Section 12.00 (Term) of the obligations set forth, then, in addition to any and all of the remedies set forth in this Agreement, Contractor agrees to pay to the City the following liquidated damagesContract is hereby amended as follows: i. Verified Failure to collect a Residential Unit Customer - $25.00 per Residential Unit Customer, plus $2.00 per day of non-collection after the first day. ii. Verified Failure to collect a Commercial and Industrial Unit Customer - $50.00 per account, plus $10.00 per day of non-collection after the first day. iii. Verified Failure to collect on recycling accounts - $10.00 per account, plus $1.00 per day of non-collection after first day. iv. Failure to provide required records – The City may levy penalties against the Contractor for not providing records to the City as required by this Agreement. The penalty shall be $100.00 per week, per record that is not provided to the City in accordance with this Agreement. Should Contractor fail to make a pick up due to a holiday, Contractor shall make up such pick up before the following regularly scheduled pick up day; provided, however, this shall not apply when weather prevents such make-up collection. The following days are typical legal holidays for the purposes of this Agreement: • New Year’s Day • Independence Day • Thanksgiving Day • Christmas Day Contractor may observe any or all of the above listed holidays by suspension of collection service on the holiday. However, any deviation from a regular scheduled pick up day due to any holiday observed by Contractor must be marketed to all residents within City. Contractor will be responsible for notifying all Customers by newspaper advertisement, direct mail or inserts in City water bills at Contractor’s expense. City will make the decision as to which will ensure all residents are properly notified. In the case of inserts in City water bills, Contractor will provide City with approved printing materials to be inserted in City water bills at least six (6) weeks prior to interruption of service. In either case, City will approve in writing all mass mailings with such approval not to be unreasonably withheld. Solid Waste and Recycling services for residential and commercial routes that occur on holidays shall be picked up on the next regularly scheduled collection day.

Non-Collection. A. Should a dispute arise between Cityany MUNICIPALITY, ContractorCONTRACTOR, and/or Customer a customer as to whether Contractor actually CONTRACTOR failed to make a collection (whether ▇▇▇▇▇▇▇▇▇▇ missed a pick uppickup) the decision of the City Administrator or City Manager of the MUNICIPALITY (or the Mayor if the MUNICIPALITY does not have a City Administrator or City Manager) on such matters shall be final, final and Contractor shall the MUNICIPALITY and CONTRACTOR agrees to abide by such said decision. It However, it is specifically understood and agreed by and between each MUNICIPALITY and CONTRACTOR that if the Customer any customer fails to timely place a Container Brush, Garbage, and Trash out, maintains improper or inadequate Containers containers for the nature, volume, volume or weight of Acceptable Waste Garbage and Trash to be removed from the Premisespremises, or places improper Bundles bundles or volumes of waste Brush for collection, or places Hazardous Waste, Special Waste, or other Refuse in violation of this Agreement, Contractor CONTRACTOR may refrain from collection of collecting all or a portion of such Refuse that is rendered not collectable due to any of the aforementioned circumstances. Contractor Brush, Garbage, and Trash and shall notify both City and the Customer particular MUNICIPALITY of the reason for any such non-collection. B. CONTRACTOR shall also provide notice to the customer of the reason for such non- collection (unless such non-collection is due to the Customer’s result of the customer's failure to timely place the waste Garbage, Trash, Brush, C&D Debris, or Recyclable Material or containers out for collection). Contractor’s CONTRACTOR's notice to the Customer customer shall be in writing, attached to the Container container or the front door of the residence or Commercial establishmentbusiness, and shall indicate the nature of the violation and the correction required in order that such Solid Waste Garbage may then be collected at the next regular collection date. Where When a Customer notifies City MUNICIPALITY is notified by a customer that Acceptable Waste Garbage, Trash, Brush, C&D Debris, or Recyclable Material has not been removed from his Premises said customer's premises on the scheduled collection day day, and where no neither notice of non-collection or no nor a change in collection schedule has been received from ContractorCONTRACTOR, City the MUNICIPALITY shall investigate. If the investigation discloses disclosed that Contractor CONTRACTOR has failed to collect acceptable waste Garbage, Trash, Brush, C&D Debris, or Recyclable Material from the subject Premises premises without cause, Contractor CONTRACTOR shall collect same within twelve (12) hours after a collection is ordered being so instructed by Citythe MUNICIPALITY, at no additional charge. It is expressly understood that these rules apply to any other type of regularly scheduled collection services offered to the Customer, residential or Commercial Solid Waste or Recycling, Bulky Waste, and/or Acceptable Brush collection as may be applicable. In all disputes between Contractor and an owner or residential Customer, City Manager, or his designee, shall make the final decision reconciling differences and Contractor shall abide by the decision. In the event Contractor shall fail to perform any of the obligations set forth, then, in addition to any and all of the remedies set forth in this Agreement, Contractor agrees to pay to the City the following liquidated damages: i. Verified Failure to collect a Residential Unit Customer - $25.00 per Residential Unit Customer, plus $2.00 per day of non-collection after the first day. ii. Verified Failure to collect a Commercial and Industrial Unit Customer - $50.00 per account, plus $10.00 per day of non-collection after the first day. iii. Verified Failure to collect on recycling accounts - $10.00 per account, plus $1.00 per day of non-collection after first day. iv. Failure to provide required records – The City may levy penalties against the Contractor for not providing records to the City as required by this Agreement. The penalty shall be $100.00 per week, per record that is not provided to the City in accordance with this Agreement. Should Contractor fail to make a pick up due to a holiday, Contractor shall make up such pick up before the following regularly scheduled pick up day; provided, however, this shall not apply when weather prevents such make-up collection. The following days are typical legal holidays for the purposes of this Agreement: • New Year’s Day • Independence Day • Thanksgiving Day • Christmas Day Contractor may observe any or all of the above listed holidays by suspension of collection service on the holiday. However, any deviation from a regular scheduled pick up day due to any holiday observed by Contractor must be marketed to all residents within City. Contractor will be responsible for notifying all Customers by newspaper advertisement, direct mail or inserts in City water bills at Contractor’s expense. City will make the decision as to which will ensure all residents are properly notified. In the case of inserts in City water bills, Contractor will provide City with approved printing materials to be inserted in City water bills at least six (6) weeks prior to interruption of service. In either case, City will approve in writing all mass mailings with such approval not to be unreasonably withheld. Solid Waste and Recycling services for residential and commercial routes that occur on holidays shall be picked up on the next regularly scheduled collection day.