06-11-07 Item 4B, Fire Protection Service Contract

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2004, and shall expire on the 31st day of December, 2008; provided that the City adopts and communicates the Extension Resolution prior to the 31't day of December, 2002. ~ ., ,t 2. The second Extended Term shall commence on the 1st day of January, 2009, and shall expire on the 31st day of December, 2013; provided that the City adopts and communicates the Extension Resolution prior to the 31'1 day of December, 2007. 3. The third Extended Term shall commence on the 1st day of January, 2014, and shall expire on the 31st day of December, 2018; provided that the City adopts and communicates the Extension Resolution prior to the 31'1 day of December, 2012. B. Termination Without Cause. This SeNice Contract may be terminated by either party without cause upon the adoption of a Termination Resolution and communication of such resolution in writing to the other party at least one year prior to the termination date. C. Termination for Default. The failure of a party to comply with its Obligations pursuant to the terms of this SeNice Contract shall be considered a "Default". In the event of a Default, the non-defaulting party may give the defaulting party written notice of the event of Default. Notice of Default shall be sent by certified mail - return receipt requested, shall define the Default, and may indicate how the Default is to be corrected. The defaulting party may have sixty (60) days from the date of the delivery of the certified notice to the post office to correct the Default. The failure of the defaulting party to correct the Default or to request arbitration as hereinafter provided, within the reqUired time limit, shall automatically terminate this agreement and the Obligations of the parties provided that all obligations shall be satisfied in full up to and including the date of termination. In the event there is a dispute regarding whether there is a default, either party may submit the question to final and binding arbitration pursuant to the American Arbitration Association Commercial Arbitration Rules. If such submission is made, the Agreement will not be terminated until the arbitration award is rendered. 4.0 City's Responsibilities. City shall have the responsibility and right to: A. Assist Fire Department, as needed, in the recruitment of additional fire fighters; B. Specify levels of seNice in excess of those defined in Section 5.0 for its Fire 2