PSA - Disposal Agreement Setting Per Ton Tipping Fee – Republic Services of IN LP

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contract, to certify to the Contractor that the subcontractor does not knowingly employ or contact with an unauthorized alien and that the subcontractor has enrolled and is participating in the E- Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. The City may terminate for material breach if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. Section 13. Minority and Women's Enterprise Diversity Development. Persons, partnerships, corporations, associations, or joint ventures awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, to Ms, conditions, 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 the Contractor's good faith effortsto obtain participation by those Contractors celtified 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 MBEIWBE; 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 the Contractor represents that he/she has been duly authorized to execute this Agreement on behalf of the Contractor and has obtained all necessary and applicable approvals to make this Agreement fully binding upon the Contractor after acceptance by the City. Section 15. Title. Title to Municipal Solid Waste ( NSW") shall pass to Contractor when received at the Transfer Station by Contractor. Title to and liability for any Excluded Waste shall at no time pass to Contractor. Section 16. Excluded Waste. Contractor has the rightto refuse, or to reject afteracceptance, any load(s) of MSW delivered to its Transfer Station if it can demonstrate unequivocally to the City's satisfaction that it contains Excluded Waste and was transported to the Transfer Station by the City or on the City's behalf. The contractor 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 Excluded Waste. Contractor'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 Transfer Station or prevent Contractor from