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F.2.b. The Contractor shall present to the City any proposed revisions to the cost per household not later than
<br />December I" of each year at which time the cost may be determined to be mutually acceptable and
<br />applied to the formula for total monthly cost on an annual basis commencing in January of each year.
<br />F.3. COLLECTION LOCATIONS WITHIN THE CITY shall be identified to the Contractor by the City,
<br />including maps of city streets and zoning districts. Any new residences shall be identified to the Contractor
<br />on a quarterly basis and shall be added to the formula for total monthly cost in the quarter following
<br />notification by the City.
<br />FA. COMMUNITY RECYCLING EDUCATION will be provided by the City to all residences identifying dates
<br />and times of collections, Contractor identification and telephone numbers, and other educational and
<br />promotional materials which may, from time to time, be deemed appropriate and beneficial to the City's
<br />recycling program.
<br />F.4.a. Materials and distribution of materials provided to the City by the Contractor may be included in the
<br />City's education/promotion efforts when mutually agreed to be beneficial to the program.
<br />G. GENERAL CONDITIONS
<br />G.1. The Contractor shall, at all times, be an independent Contractor and shall not, under any circumstance or for
<br />any purpose, be considered an employee of the City. The City shall not be responsible for the payment of any
<br />taxes, federal or state, or other financial obligations incurred by the Contractor including, but not limited to:
<br />fringe benefits, costs of insurance, etc. No Civil Service or other rights of employment shall be acquired by
<br />virtue of the this agreement or Contractor's service to the City.
<br />G.2. All services and duties performed by the Contractor pursuant to this agreement shall be performed to the
<br />satisfaction of the City and in accordance with all applicable federal, state, county and local ordinances, rules
<br />and regulations as a condition of payment.
<br />G.3. Contractor shall comply with Minnesota Statutes 181.59 currently in effect and, from time to time, amended
<br />relating to nondiscrimination.
<br />GA. The Contractor agrees to defend, hold harmless, and pay on behalf of the City and it's officials, agents and
<br />employees any and all liability, loss or damage they may suffer as a result of demand, claims, judgements or
<br />costs, including legal fees, arising out of or related to the Contractor's negligent actions or failure to act in
<br />performance of this agreement.
<br />G.5. All data collected, created, received, maintained or disseminated for any purpose in the course of this
<br />agreement is governed by the Minnesota Governmental Data Practices Act, Minnesota Statutes Chapter 13
<br />(1990 and as amended from time to time) or any other applicable state statute, any state rules adopted to
<br />0 implement the act and any federal regulations on data privacy. The City agrees to abide by these statutes,
<br />rules and regulations.
<br />G.6. All books, records, documents and accounting procedures and practices of the Contractor relative to this
<br />agreement are subject to examination by the City, County, or State Auditor, as appropriate, in accordance
<br />with the provisions of Minnesota Statute 1613.06, Subdivision 4 (1990 and as amended from time to time).
<br />H. TERM OF AGREEMENT
<br />H.1. This agreement shall remain in effect for the period commencing 01 January 2006 and ending 31 December
<br />2006 and shall, upon mutual agreement of the parties, be annually renewable thereafter.
<br />I. TERMINATION OF AGREEMENT
<br />1.1. WITHOUT CAUSE TERMINATION
<br />I. La. Either party may cancel this agreement at any time upon delivery to the other party written notice within
<br />a period of not less than sixty (60) days of the proposed date of termination, said period commencing
<br />with the depositing of such notice with the US postal service for delivery to the other party at the address
<br />shown in this agreement.
<br />1.2. FOR CAUSE TERMINATION
<br />1.2.a. In the event of default by either party of any of the terms and conditions of this agreement, the aggrieved
<br />party shall notify the other party in writing of such default and shall allow fifteen (15) days to resolve
<br />the default, said period commencing with the depositing of such written notice with the US postal
<br />service. If, at the end of said period, the default remains unresolved the aggrieved party may terminate
<br />this agreement immediately upon delivery of written notification to the other party of termination, said
<br />delivery to be deemed made upon depositing of said written notice with the US postal service.
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