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

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or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider Republic's good faith efforts to obtain participation by those Republics certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. Section 14. Corporate Authority. The person signing on behalf of Republic represents that he/she has been duly authorized to execute this Agreement on behalf of Republic and has obtained all necessary and applicable approvals to make this Agreement fully binding upon Republic after acceptance by the City. Section 15. Waste Accepted at Facility. City represents, warrants and covenants that the Special Waste delivered to Republic at its Facility hereunder will be Acceptable Waste and will not contain any unacceptable quantity of hazardous materials or substances, radioactive materials or substances, or toxic waste or substances, as defined by applicable federal, state, local or provincial laws or regulations. Any Special Waste which does not meet these requirements shall be referred to as Unacceptable Waste as defined herein. The City shall in all matters relating to the collection, transportation, and disposal of the Special Waste hereunder, comply with all Applicable Laws. The word "Facility" shall mean the Green Tech Transfer & Recycling Facility, located at 2500 Green Tech Drive, South Bend, Indiana 46613 or another Transfer Station or landfill as approved by Republic. Section 16. City Representations and Warranties. City represents, warrants and covenants that the Special Waste delivered to Republic hereunder (i) will not contain any Special Waste that is not specifically described on any Special Waste Profile (including any approved changes and re -certifications) and any Application, permit and approval that may be applicable to the disposal of such Acceptable Waste ("Acceptable Waste Documentation"), which is attached hereto or which is subsequently approved by Republic, (ii) will meet the material description as set forth in Acceptable Waste Documentation. (iii) will not contain Unacceptable Waste. The Parties may incorporate additional Special Waste as part of this Agreement if prior to delivery of such Special Waste to Republic, the City has provided an Application for such Special Waste within the limitation and conditions contained in Republic's written notice of approval of Special Waste disposal. Title to any and all Special Waste handled or disposed of by Republic in accordance with applicable law shall at all times remain with City. 4