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1709Z ' °(\1 aw"1 <br />by the City. It shall be the duty of the Contractor to take whatever steps or <br />actions may be necessary to remedy the cause of the complaint. <br />9. CONTRACT TERMS <br />a) Contract Dates <br />Contract shall be for a three (3) year period commencing April 1, 2011 and ending <br />on March 31, 2014. Contract pricing shall remain fkrm•for the length and terms of <br />this Contract, except for changes in the CPI (Section 8C) and any changes in law <br />(Section 8D). The City may consider up to two consecutive one -year Contract <br />extensions with Contractor of the three (3) year Contract. <br />b) <br />Annual Performance Review Meeting <br />Contractor shall meet with the Waste Reduction .& Recycling Board each spring <br />to review the Contract and each fall to review Contractor's performance for <br />the length of the Contract. Performance to be measured by the following: <br />• Reporting information (tomaage, participation, etc.) <br />• Efforts to expand recyclable markets <br />• Feedback from residents to city staff <br />• Recommendations for improvement in the city recycling program. <br />• Communication. efforts with the City Recycling Coordinator <br />• Customer service and Collection service inquiries/issues <br />c) Contract Termination <br />The City may cancel the Contract if Contractor fails to fulfill its obligations under <br />the Contract in a proper and timely manner, or otherwise violates the terms of the <br />Contract if the default has not been cured within 30 days after receiving written <br />notice of default. The City shall pay Contractor all compensation earned prior to <br />the date of termination, minus any damages and costs incurred by the City as a <br />result of the breach. If the Contract is canceled or terminated, all finished and <br />un nished documents, data, studies, surveys, route maps, route notes, models, <br />photographs; reports or other materials prepared by Contractor under this <br />agreement shall, at the option of the City, become the property of the City and the <br />Contractor shall be entitled to receive just and equitable compensation for any <br />satisfactory work completed on such documents or materials prior to termination. <br />d) Bold Harmless <br />Contractor agrees to defend, indemnify and hold harmless the City, its officers and <br />employees, from any liabilities, claims, damages, costs, judgments, and expenses, <br />including attorney's fees, resulting directly or indirectly from an act or omission of <br />Contractor, its employees, its agents, or employees of the subcontractors, in the <br />performance of the services provided by the Contract or by reason of the failure of <br />Contractor to fully perform, in any respect, any of its obligations under the Contract. <br />The indemnity obligations of Contractor shall be limited to the negligence and willful <br />misconduct of Contractor, and anyone directly or indirectly employed by Contractor. <br />10 <br />7 I 1 C7n7 •n&I <br />IAIJ I C.' I I I n7 'n7 —10n <br />