Interpretation of Memorandum. No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Mediation or arbitration proceedings hereunder) will be recognized unless agreed to by the Fire Chief and the Union.
Interpretation of Memorandum. No changes in this Memorandum of Understanding or interpretations thereof except interpretations resulting from Mediation or arbitration proceedings hereunder) will be recognized unless agreed to by the District Manager and the Union.
Interpretation of Memorandum. This Memorandum has been prepared only to aid the City and MarBorg in understanding certain aspects of a September 2011 MarBorg franchise proposal such that the City and MarBorg may determine whether those aspects of the proposal are consistent with the long-term needs of the City for the collection and disposal of MSW. It is also intended to allow the City and MarBorg to address those issues, business terms, and other concerns which have manifested themselves to date concerning a possible long-term City MSW franchise and which should be discussed and resolved, if possible, prior to the time City staff submits a formal franchise agreement to the City Council and before the City and MarBorg execute a binding MSW franchise under Article 14 of the City charter. This Memorandum has been prepared and reviewed by the City Finance and Environmental Services staff and by the Santa Xxxxxxx City Attorney and by MarBorg staff and their representatives and legal counsel so that it accurately sets forth the underlying and contingent components of the proposed MSW franchise between the City and MarBorg. Except as otherwise specifically and expressly indicated herein with respect to MarBorg and the City entering into a 180 day period of exclusive negotiations over the terms of an MSW franchise covering the entire City, this MOU is not intended to be contractual in nature and, thus, is not intended to bind the parties. It is intended only to form the basis upon which the City and MarBorg will regularly meet to negotiate with each other over the written terms of a City-wide MSW franchise. The fact that any particular component of a possible franchise is not addressed in this Memorandum does not infer its deletion as a subject of negotiation with respect to the proposed future franchise. The Memorandum is also intended to represent a good faith best effort by both the City staff and MarBorg staff to establish the basis upon which they will conduct these franchise negotiations and to provide the necessary information with respect to the proposed franchise. Its purpose, if possible, is to ultimately lead to the negotiation of a mutually beneficial and acceptable franchise and related agreements which will legally bind the City and MarBorg, in accordance with the franchising requirements of the City charter, or to the determination by either the City or MarBorg that further negotiations towards that end will not be appropriate or warranted. In any case, except as provided in S...
