Laserfiche WebLink
December 2024 to December 2025). Contractor must submit a written request by February 5th <br />of every year for the City's review and consideration. <br />3.4 Accounting Records. <br />3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate <br />records with respect to the performance of Services. All such records shall be clearly <br />identifiable. Contractor shall allow a representative of City during normal business hours to <br />examine, audit, and make transcripts or copies of such records and any other documents <br />created pursuant to this Agreement. Contractor shall allow inspection of all work, data, <br />documents, proceedings, and activities related to the Agreement for a period of three (3) years <br />from the date of final payment under this Agreement. <br />3.5 General Provisions <br />3.5.1 Termination of Agreement. <br />3.5.1.1 City Option for Termination for Cause. Repeated instances of failure to perform <br />and/or continued disregard of the requirements of this Agreement shall result in cancellation of <br />the Agreement. Specifically, the issuance of three (3) unsatisfactory reports to Contractor by <br />City for noncompliance with material obligations in this Agreement in any six (6) month period <br />shall be deemed a material breach of this Agreement and shall be grounds for the City to <br />terminate this Agreement for cause. In the event of such material breach, City shall, at its <br />option, notify Contractor of City's intention to terminate this Agreement. City shall give notice <br />of termination in writing, mailed to Contractor's most recent address on file with the City. <br />Except in cases of emergencies, this Agreement shall be terminated ten (10) days from and <br />after the hour such notice is deposited in the United States Mail in a sealed envelope properly <br />addressed to Contractor and bearing prepaid first-class postage. In order for any termination <br />to be effective, Contractor shall have at least five (5) days from the notice of intent to terminate <br />to cure any alleged breach of Agreement. <br />3.5.1.2 Costs for Termination for Cause. In the event of the termination of this <br />Agreement for any material breach or failure of performance on the part of Contractor, <br />Contractor agrees to pay City upon demand the amount of any damage or loss sustained by <br />City in the matter of street sweeping, including the advertising for and the vetting of another <br />contractor. Therefore, Contractor shall pay City for all increases in the City's cost of street <br />sweeping incurred under such new contractor and for all costs and attorneys' fees incurred by <br />the City in the cancellation of this Agreement and the negotiation of such new street sweeping <br />contract. The waiver of a breach of any of the terms of this Agreement shall not cancel or in <br />any way affect the right of the City to declare a default for any recurrence of the same or any <br />other breach of this Agreement. <br />3.5.1.3 Additional Options for Termination. Either party may request termination of this <br />Agreement when conditions during the Agreement beyond the reasonable control of either <br />party make it impossible to perform, or when prevented from proceeding with the contract (i) <br />by act of God, (ii) by law, or (iii) official action of a federal, state, or local authority. Further, <br />Contractor may terminate this Agreement (i) in the event the City Council fails to appropriate <br />funds for a fiscal year sufficient to allow the City to make timely payments to the Agreement <br />under this Agreement for such fiscal year (excluding any amounts in dispute); or (ii) in the <br />event of nonpayment by the City. Any termination hereunder will require one -hundred and <br />Page 8 of 13 <br />