Res 2008-076 - Laserfiche WebLink

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ARTICLE 5 TERM OF CONTRACT Section 5.1 Contract Term 5.1.1 The term of this Contract will begin on July 1, 2008, and will end on June 30, 2013. The Contractor will begin collection of residential solid waste and recyclable materials from residential units as of July 1, 2008. 5.1.2 The contract term may be extended for two additional five-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 3.3 of this Contract. Each of these options, if exercised, is to be executed in the form of a letter agreement no sooner than 180 days prior to expiration of the Contract, nor later than the final day of the contract period. These options require the mutual agreement of the City and the Contractor. Refusal by either party to exercise an 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 these options, will not exceed a maximum combined period of 15 years. Section 5.2 Breach/Default 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 business days 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 ten days will constitute a default of Contract. The defaulting party will be given a 20 day period within which to show cause why the Contract should not be terminated for default. The City Council may take whatever action as its interest may appear, resulting from such notice. 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 proposals or further notification to the Contractor. At a minimum, the Contractor will be required to pay any difference in the cost of securing the services covered by this Contract, or compensate for any loss or damage to the City derived hereunder should it become necessary to contract with another source because of this default, plus reasonable administrative costs and attorney's fees. In the event of termination, the City, its agents or representatives, will not be liable for loss of any profits anticipated to be made under this Contract. Section 5.3 Termination by City The City reserves the right to terminate this Contract upon a minimum of 30 days written notice for any reason deemed by City Council to serve the public interest, or resulting from any governmental law, ordinance, regulations, or court order. No termination for convenience will be taken with the intention of awarding the same or a similar Contract to another source. In the event of such termination the City will pay the Contractor those costs directly attributable to work done or supplies obtained in preparation for completion or compliance with this Contract prior to termination. Provided, however, that no costs will be paid which are recoverable in the normal course of doing business in which the Contractor is engaged, or costs which can be mitigated through the sale of supplies or inventories. In the event City pays for the cost of supplies or materials obtained for use under this Contract, these supplies or materials will become 17