02-28-2013 Council Agenda - Laserfiche WebLink

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received two breach of contract notices, but staff has had a number of issues with turnover in staffing. Since 2011, staff has had communication concerns and invoicing issues with their new Public Sector Representative and the day to day contact person assigned to Little Canada. In an attempt to work with their new staff, issues were brought to their attention which maybe should have received a breach of contract notice, but again we were attempting to work with the new staff to resolve the matter, get them up to speed, and establish a working relationship. In October 2012, we were made aware from a resident that he had been billed for refuse collection from the City and Waste Management since 2010. Waste Management had reactivated his account and to date we are still working with their offices to provide some type of report to verify this has not happened on any other accounts. The City has requested these reports three times and this is one of the breach of contract notices sent. Gene's Disposal has received one breach of contract notices for failure to provide a sufficient invoice, but received another notice for failure to follow the contract collection holiday schedule. Waste Management and Gene's Disposal have had no liquidated damages charged. Also as recently as two weeks ago, the City had to send Allied Waste Services and Waste Management notice for not providing the required tonnage reports as required in the contract and city ordinance by the deadline. Allied Waste Services supplied the reports without request, but not by the required deadline. The City sent Waste Management a request for the reports after the deadline had passed, but received no response. A 2"`i request was sent a week later with additional violation penalty language was added and the City had the tonnage reports within an hour of the 2nd request. Staff expects there to be some issues and has tried to work with each hauler to resolve matters without sending breach of contract notices for every little thing. However, we want to make sure to provide you some history so that you didn't feel like this was the first time a contract issue has happened. Should you choose to enforce the contract, each hauler would be sent a breach of contract notice. The notice would indicated the contract violation, the liquated damage determined, and the termination language in the contract should the contractor fail to cure said breach within 30 days as required in the contract language. CC: City Attorney