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commodities. The Contractor shall attach written certification from each end market. 10. Contract Terra and Rate payment The term of this contract agreement is for five -years from January 1, 2004 to December 31, 2008, The Contract rate of $2.36 per month per household is fixed for years, 2004 and 2005, with are option on either parties' part to open the contract in the third, fourth and fifth years to review contract costs based on the Consumer Price Index "CH'. Cost increases would be capped at a maximum of 3% per year and agreed to by both parties. The rate includes all collection costs, carts, materials processing and marketing expenses. 11. Penalties The Contractor agrees the City may withhold payment from the Contractor in the amounts specified below as a penalty for failure of the Contractor to fulfill its obligations: A. Failure to report changes ' in location of recyclables processing operations - $250 per incident. B. Exceeding the maximum process residuals rate - $1,000 per incident (defined as a monthly total by weight over the specified maximum rate). C. Failure to conduct composition analysis - oo per incident. D. Failure to provide written description of the means to estimate relative amount of process residuals derived from the City's recyclables - $500. 12. Profit Shariniz Contractor and City shall divide all proceeds from sale of recyclable materials at a rate of fifty (50) percent for each party. Contractor shag on a monthly basis itemize the amount of revenue received from the sale of processed recyclable material. Contractor shall submit, with the itemization, and on a monthly basis, actual market sales receipts. Contractor shall endeavor to sell recyclable materials at the prevailing market price. The City's share of revenues shall show as a credit on the monthly statement submitted by Contractor. 13. Terms and Conditions �l