Rescind Approval of Contract - Republic Services of Indiana - Disposal of Special Waste

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Section 17. Rights of Refusal/Rejection of Unacceptable Waste. City shall inspect all Special Waste at the place(s) of collection and shall remove any and all Unacceptable Waste. Republic has the right to refuse, or to reject after acceptance, any load(s) of Special Waste delivered to its Facility if it can demonstrate unequivocally to the City's satisfaction that it contains Unacceptable Waste and was transported to the Facility by the City or on the City's behalf. Republic shall have the right, but not the obligation, to inspect all vehicles and containers brought to its Transfer Station in order to determine whether they contain Unacceptable Waste. Republic's exercise, or failure to exercise, its rights hereunder shall not operate to relieve City of its obligation to deliver only Acceptable Waste to the Facility or prevent Republic from exercising any of its other rights and remedies under this Agreement, including those set out in this Section. If the City agrees with Republic's proof regarding the presence of Unacceptable Waste in the City's Special Waste then the City shall be responsible for and bear all reasonable expenses and damages incurred by Republic, as a result of such Unacceptable Waste and in the reloading and removal of such Unacceptable Waste disposed of at the Facility by the City. Section 18. Limited License to Enter. The Agreement provides the City with a license to enter the Facility for the limited purpose of, and only to the extent necessary for off-loading Acceptable Waste at the Facility in the manner directed by Republic. Except in an emergency, the City's personnel shall not leave the immediate vicinity of their vehicle. After off-loading the Acceptable Waste, the City's personnel shall promptly leave the Facility. Under no circumstances shall the City or its personnel engage in any scavenging of waste or other materials at the Facility. Republic reserves the right to make and enforce reasonable rules and regulations concerning the operation of the Facility the conduct of the drivers and others on the Facility premises, quantities and sources of waste, and other matters necessary or desirable for the safe, legal and efficient operation of the Facility including, but not limited to, speed limits on haul roads imposed by Republic, and the wearing of hard hats and other personal protection equipment by all individuals allowed on the Facility premises. The City agrees to conform to such rules and regulations as they may be established and amended from time to time. Republic may refuse to accept waste from and shall deny any entrance license to any of City's personnel whom Republic believes is under the influence of alcohol or other chemical substances. The City shall be solely responsible for its employees and subcontractors performing their obligations in a safe manner when at Republic's Facility. Section 19. Driver's Knowledge and Authority. The City represents, warrants and covenants that its drivers who deliver waste to Republic's Facility have been advised by the City of Republic's prohibition on deliveries of hazardous materials or substances, radioactive materials or substances or toxic waste or substances or any other Unacceptable Waste to the Facility, of Republic's restrictions on deliveries of Special Waste to the Facility, of the definitions of Hazardous Waste and Hazardous Substances as provided by applicable federal, state and local law, rules and regulations and Special Waste as provided herein, and of the terms of the license to enter the Facility, as specified in this Agreement. Section 20. Insurance. The City is a municipal corporation organized under the laws of the State of Indiana. The City maintains blanket insurance coverage over real and personal property and is covered by a non -reverting insurance premium and liability reserve fund created by the City of South Bend, Ordinance No. 6657-79, pursuant to Indiana Code 34-13-3-4, as amended from time to time. Under said statute, the City's liability is limited to: a. Seven Hundred Thousand Dollars ($700,000) for a cause of action that accrues on or after January 1, 2008; and b. For injury to or death of all persons in that occurrence, Five Million Dollars ($5,000,000); and