AgdaPkt 2018-03-26 Joint SA PFA - Laserfiche WebLink

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REV: 03-16-18 MI ATTY/AGR/2018.054/RECOLOGY OF SAN MATEO Page 97 of 119 ARTICLE 12 3969 AGENCY RIGHT TO USE EQUIPMENT AND 3970 FACILITIES 3971 12.01 PURPOSE 3972 The Parties recognize (i) that frequent and continuous collection of Solid Waste, Targeted 3973 Recyclable Materials, and Organic Materials is an essential public service and an 3974 important element of public health in developed communities such as Agency, and (ii) that 3975 even a temporary interruption in the Collection and transport services entrusted to 3976 Contractor may threaten the public health and safety, as well as causing serious financial 3977 harm to business operations in the Agency. 3978 The purpose of this Article is to provide the Agency the ability to respond to such threats 3979 to the public health, safety, and welfare by making use of Contractor’s Facilities and 3980 equipment. This Article applies to any interruption of services, regardless of whether or 3981 not Contractor’s failure to perform is excused under Section 14.09. 3982 12.02 CONDITIONS AUTHORIZING AGENCY’S RIGHT TO USE OF FACILITIES AND 3983 EQUIPMENT 3984 If Contractor, for any reason, fails, refuses or is unable to Collect Solid Waste, Targeted 3985 Recyclable Materials, and Organic Materials at the times and in the manner required by 3986 this Agreement, and transport them to the Designated Transfer and Processing Facility, 3987 for more than two (2) Business Days, Agency may invoke this Article. Agency shall 3988 provide Contractor written notice that it intends to consider invoking this Article at a public 3989 meeting of its governing body, to be held two (2) or more Business Days from the date of 3990 the notice. 3991 At the meeting, the governing body may invoke its rights under this Article if it determines 3992 that there has been an interruption in Collection service and that such interruption may 3993 continue, thereby threatening the public health, safety and welfare. If the governing body 3994 makes that determination, it may also determine to exercise the Agency’s right to (i) 3995 perform Collection and transport services with its own personnel and/or those of other 3996 Member Agencies which have invoked this right under their Franchise Agreements with 3997 Contractor or authorize a third party to do so, and (ii) take possession of any of 3998 Contractor’s property, including vehicles and other equipment used or useful in providing 3999 such services or in the Billing and collection of Rates billed for such services (collectively 4000 “Properties”). 4001 12.03 NOTICE TO CONTRACTOR 4002 Agency shall deliver written notice to Contractor of its determination to exercise its right to 4003 provide Collection services and to make use of Contractor’s Properties to do so. Upon 4004 receipt of the notice, Contractor shall immediately take all steps necessary to make 4005 available to Agency any of its vehicles and equipment that are requested by Agency. 4006 Contractor shall also cooperate in any other way requested by Agency to assist Agency 4007 in providing Collection services on a temporary basis. 4008 6.2.B. - Page 110