§ 17-25. Disagreements Between Contractor and City.

To prevent misunderstanding and litigation, the City Manager or his designee shall decide any and all questions which may arise concerning the quality and acceptability of the work and services performed, the sufficiency of performance, the interpretation of the agreement provisions, and the acceptable fulfillment of the agreement on the part of the Contractor.

The City manager will determine whether or not the amount, quantity, character and quality of the work performed is satisfactory, which determination shall be final, conclusive and binding upon both the City and the Contractor. The City Manager shall make such explanation as may be necessary to complete, explain or make definite the provisions of the contract.

In the event the Contractor does not agree with the City Manager, the Contractor may appeal to the City Commission within thirty (30) days of the City Manager’s decision.

In the event a disagreement arises and refuse needs to be collected and disposed of the City Manager or his designee may notify the Contractor of the location of refuse which has not been collected due to disagreement between the City and the Contractor, and it shall be the duty of the Contractor to remove all such refuse within three (3) days of the notice. Should the Contractor fail to remove the refuse, the City will remove the refuse and the cost incurred by the City shall be deducted from the next scheduled payment to the Contractor for services rendered. Notwithstanding the foregoing, this section does not apply to Excluded Waste.

 

(Ord. No. 2018-02, § 1, 02-20-2018)