Res 1997-124 - Laserfiche WebLink

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I I - ARTICLE 4 RECORDS AND REPORTS 4.1 BFI will file the following records and reports with the City as directed. (a) Reports of all complaints received, investigations of these complaints, and actions taken by BFI. (b) Changes in the number of residential units served by BFI. (c) Report of recycling information which includes volumes by category. 4.2 BFI will retain all records and supporting documentation applicable to this Contract, and not delivered to the City, for a period of three years except in the event that BFI goes out of business, It will turn over, to the City, all of its records relating to this Contract for retention by the City. ARTICLE 5 TERM OF CONTRACT 5.1 This Contract will be effective September 1, 1997 and will continue for five (5) years until August 31,2002. The Contract may be extended for two (2) additional five (5) year periods, provided all terms and conditions remain in full force and effect except for the Contract being extended and a modification to rates as specified in Section 3.1.2 of this Contract. This option, if exercised, is to be executed in the form of a letter of agreement, to be issued no sooner than one hundred and eighty (180) days prior to expiration of the Contract, nor later than the final day of the contract period. This option to renew requires the mutual agreement of the City and BFI. Refusal by either party to exercise this option to renew, will cause the Contract to expire on the original or mutually agreed upon date. The total period of the Contract, including the extension as a result of exercising this option, will not exceed a maximum combined period of fifteen (15) years. 5.2 Failure by either party to this Contract to perform any of its provisions will constitute a breach of Contract, in which case, either party may require corrective action within ten days (10) from date of receipt of written notice citing the exact nature of such breach. Failure to take corrective action or failure to provide a satisfactory written reply excusing such failure within the prescribed 10 days will constitute a default of Contract. The defaulting party will be given a twenty (20) day period within which to show cause why the Contract should not be terminated for default. City Council may take whatever action as its interest may appear, resulting from such notice. All notices for corrective action, breach, default, or show cause, will be issued by the City Manager only, and all replies will be made in writing to the City Manager at the address shown on page one. Notices issued by or to anyone other than the City Manager will be null and void, and will be considered as not having been issued or received. The City reserves the right to enforce the performance of the Contract in any manner prescribed by law in the event of breach or default of the Contract, and may Contract with another party with or without solicitation of 16