25F - AGMT EXTENSION OF THE SOLID WASTE SERVICES

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to leave a message. The CONTRACTOR shall have the capability of responding to the public in English and Spanish during office hours. (b) CONTRACTOR may charge a delinquency fee of not more than ten (10%) percent per month on accounts which have not remitted required payments within 30 days after the date of billing, Should payment not be received within 45 days of billing, CONTRACTOR shall notify said Customer on forms approved by the CITY that services may be discontinued 15 days from the date of the notice if payment is not made before that time. Upon payment of the delinquent fees, CONTRACTOR shall resume collection on CONTRACTORS next regularly scheduled collection day. CONTRACTOR shall provide the CITY with a bi-weekly list indicating the Customers which have had service ceased due to nonpayment. UP Performance of each of the provisions of this Agreement shall be under the direction and supervision of the Executive Director. The CONTRACTOR shall furnish the Executive Director every reasonable opportunity of ascertaining whether or not the work is performed in accordance with the requirements of this Agreement. The CONTRACTOR shall designate a person to serve as agent and liaison between its organization and the CITY and shall maintain a telephone and a means for contact at all times during periods of strike or other emergencies. The Executive Director may inspect the CONTRACTOR's operations, facilities and equipment at any reasonable time and the CONTRACTOR shall adroit him to make such inspections at any reasonable time and place. 35. TITLE TO SOLID WASTE: Title to all Solid Waste collected pursuant to this Agreement shall be vested in CONTRACTOR upon being placed at the curb for collection, or placed in a bin or roll -off container for collection. CONTRACTOR expressly hereby reserves and is granted the right to retain, dispose of and otherwise use such Solid Waste, or any part thereof, in any fashion and for any lawful purpose desired by CONTRACTOR and to retain any benefit or profit resulting there from provided, however, that CONTRACTOR first complies with this Agreement, the CITY'S SRRE and CIWMA. 36. FAILURE TO COLLECT: (a) Should the CONTRACTOR materially and substantially fail to collect and recycle, divert by means of composting, mulching and/or transforming or dispose of Solid Waste in accordance with this Agreement and the collection schedules then in effect pursuant to Section 8, the CITY, after prior written notice of not less than forty eight (48) hours to the CONTRACTOR, may collect, recycle, divert and/or dispose of all or any part of such Solid Waste, or initiate services to cause or promote its collection, Recycling, Yard Waste Diversion and/or disposal, using CITY employees and/or independent contractors, and the CONTRACTOR shall be liable for all reasonable expenses thereby incurred by the CITY. (b) The CITY may give such notice for any specified individual omission by CONTRACTOR in which event CONTRACTOR shall be allowed a reasonable time of not less than forty eight (48) hours to remedy such omission. In the event of substantial nonperformance 25F--36