MADISON MATERIALS 1 - 2005 - Laserfiche WebLink

Home Browse Search

diversion requirements, including those relating specifically to C&D Debris, the parties shall meet and confer in a good faith effort to arrive at new minimum recycling requirements. Failure to meet the 50% recycling requirement for more than 2 consecutive quarters shall be considered a material breach of this agreement; City may at its option terminate the agreement or follow the default provisions contained in section 13. 6. AUDIT PROVISION CONTRACTOR shall maintain records of all transactions related to the terms and conditions of this Agreement in accordance with normal industry accounting procedures. CITY and/or their audit representatives shall have access for purposes of auditing CONTRACTOR's performance under this Agreement, to records, including, but not limited to weight tickets, vehicle counts, books, documents and papers. CITY shall schedule any desired audit at CONTRACTOR's place of business, and at a date and time to be mutually agreed upon by CITY and CONTRACTOR, which date shall be at least 14 days following City giving written notice to CONTRACTOR of its desire to perform an audit, and the information that will be required to be provided in connection therewith. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. All records and information subject to the audit provisions of this contract shall remain confidential. City agrees that its audit representative shall be subject to the same requirements as City regarding any portion of this agreement. 7. CONFIDENTIALITY Pursuant to the above Audit provision, if City receives information from its auditing representatives or consultants which due to the nature of such information is reasonably understood to be confidential and/or proprietary, City agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the City disclosed in a 6