Agmt05 BFI Waste Systems - Laserfiche WebLink

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1 exclusive, are cumulative, and are in addition to any and all other remedies which may 2 accrue to Agency as a result of Contractor's performance or failure to perform its duties 3 and obligations, express or implied, hereunder, or otherwise as a result of Contractor's 4 actions in violation of this Agreement. 5 6 Nothing in this section 5.02.3 is intended to affect the remedies of 7 third parties against Contractor; nor will the imposition of service recipient charges 8 prevent the imposition of liquidated damages by Agency pursuant to Section 11.3. 9 10 B. Manager's Review. All Complaints received or initiated by 11 Agency shall be reviewed by the Manager who shall provide copies thereof to 12 Contractor. The Manager shall review each Complaint to determine whether the 13 Complaint can be resolved informally, or whether the formal action hereunder is 14 warranted. If the Manager determines that formal action is warranted, he or she shall 15 give written notice to Contractor and all interested parties of a hearing to be held by the 16 Manager on each such Complaint not less than ten (10) days from the date of said 17 notice. 18 19 At the Manager's hearing on the Complaint, Contractor may 20 present its response thereto, including, but not necessarily limited to, a written response 21 including supporting documents. Within ten (10) days following the hearing, the 22 Manager shall make a determination upon the Complaint. The hearing conducted by 23 the Manager shall be informal, and rules of evidence shall not apply, but the Manager 24 may hear and consider such relevant statements, documents, or other materials as he or 25 she shall determine appropriate under the circumstances. 26 27 If the Manager determines that Contractor has violated, or is in 28 continuing violation of, its duties and obligations under this Agreement, or otherwise in 29 violation of any of the provisions hereof, the Manager may issue a Compliance Order to 30 Contractor or may order that the Complaint shall be heard by the Agency 31 Council/Board. In all cases in which the Manager determines that the appropriate 32 remedy should be Termination or payment of compensatory damages, the Complaint 33 shall be heard by the Agency Council/Board. If the Manager orders that the Complaint 34 shall be heard by the Agency Council/Board, he or she shall prepare a written report to 35 the Agency Council/Board which shall state his or her findings, the basis therefore, and 36 a recommended action by the Agency Council/ Board. 37 38 c. Agency CounciljBoard Review. Contractor may appeal a 39 Compliance Order issued by the Manager to a subcommittee of the Agency 40 Council/Board by filing a notice of appeal with the Clerk of the Agency Council/Board 41 within ten (10) days of the date of the Manager's Compliance ()rder. The Clerk of the 42 Agency Council/Board shall set the matter for hearing by a subcommittee of the 43 Agency Council/Board within thirty (30) days of receipt of the notice of appeal unless 44 Contractor consents to an extension of the time for the hearing. Atty j Agrj2005.022 060205 -30-