10/26/2011 Env Bd Packet - Laserfiche WebLink

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1709 'OZ pan! aaad If Contractor is a self-insured agency of the State of Minnesota, the terms and conditions of Minnesota Statute §3.732, et seq., shall apply with respect to liability bonding, insurance, and liability limits. The provisions of the Minnesota Statutes Chapter 466 shall apply to other political subdivisions of the State of Minnesota. Contractor shall keep and make available to the City for inspection at all reasonable tiraes,'ail'records reasonably required by the City to determine the impact of the recycling program on total landfill waste and cost of disposal, including, but not limited to, records showing all tipping fees and volume and/or weight of landfill waste originating in the City. Contractor shall also keep accurate records of the additional costs of implementing this recycling program and shall make such records available to the City at all reasonable times. This Agreement shall remain in effect through March 31, 2014, unless renegotiated or terminated as provided herein. Such termination may be effected by either patty without further liability by giving written notice to the other party 150 days in advance of the termination. (e) Adjustments Semi - annual additions or deductions in the total possible number of households will be subject to verification and agreement between the City and the Contractor. The City shall provide a report each February and each August noting the number of single - family households and multi- family households in the city_ The monthly invoicing will reflect these adjusted semi - annual household figures. Termination upon Material Breach Either party may terminate this Contract if there has been a breach of any material provision of this Contract by the other party. Notices to Contractor and Opportunity to Cure Notwithstanding Termination upon Material Breach, City will have no right to terminate this agreement unless Contractor fails to cure said breach to the satisfaction of the City Manager within ten (10) days of written notice of such breach from the City to the Contractor. (h) Cure of Material Breach by City If the Contractor fails to cure any breach of this Agreement within ten (10) days of written notice of such breach from the City, the City Manager will be authorized to hire such persons and equipment, or assign City employees and equipment, as may be necessary to do such work, and the reasonable cost of such expenses thereof may be charged and deducted from. any monies due the Contractor, collected from the Contractor, or collected by recourse to the Contractor's bond or financial guarantee instrument submitted. 11 El d EZ8Z WdlS :l l loZ 'oz ' ;30