§ 17-10. Cancellation or Annulment of Agreement.

The Contractor and the City recognize that it is of paramount importance that the agreement is performed and the individual customers receive service. If the Contractor fails to begin work at the time specified, or fails to perform the work with sufficient number of workmen and sufficient and adequate equipment to ensure the proper and substantial performance of said refuse collection work, or performs the work unsuitably, or discontinues the prosecution of the work or any portion thereof, or for any other cause whatsoever, excepting only acts of God, does not carry on the work as aforesaid, or if the Contractor becomes insolvent or declares bankruptcy or commits any act of bankruptcy or insolvency, or allows any final judgement for the payment of money to stand against him unsatisfied, and if the City through its City Manager gives notice of such default, and the Contractor or his surety fails to cure such default within seven (7) days after giving such notice by the City, then the City may thereupon, by action of the City Commission, declare the agreement cancelled.

Upon declaration of cancellation, the City may, at no cost to the City or compensation to the Contractor, take over the work and/or the City may enter into agreements with others for the performance of the work and services herein contracted for.

Such cancellation of the agreement shall not relieve the Contractor or the surety of the liability for failure to faithfully perform this agreement, and in case the expense incurred by the city in performing or causing to be performed the work and services provided for in the agreement, then the Contractor (and surety to the extent of its obligation) shall be liable to the City for said amount. Contractor’s surety or security will not be released until such time as the term of this agreement would otherwise have expired.

(Ord. No. 2018-02, § 1, 02-20-2018)