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(h) CONTRACTOR will act as the contracting body and lead agency with the MRF <br />and Composting Facility with respect to this Agreement and shall be responsible for, and insure <br />that, both facilities act so as to meet the requirements of both this Agreement and CIWMA. <br />(i) CONTRACTOR hereby agrees and guarantees to the CITY that CONTRACTOR <br />will do each, every and all things required to ensure that all Solid Waste generated, produced or <br />accumulated in the CITY which is collected by CONTRACTOR will at all times be in full <br />compliance with all of the provisions of the CITY'S SRRE, CIWMA, and amendments thereto <br />adopted hereafter, and will protect, indemnify, pay, save, defend, and hold the CITY harmless <br />from any and all loss, expense, damage, fines, penalties and liability of every kind and nature <br />whatsoever by virtue of any non - compliance with such CITY and statutory requirements, <br />provided, however, that CONTRACTOR shall not be responsible to the extent Solid Waste is <br />generated in the CITY and collected, processed or disposed of, by other than CONTRACTOR. <br />Further, CONTRACTOR agrees to protect, defend, with counsel approved by the CITY, and <br />indemnify CITY against any and all fines and/or penalties imposed by the California Integrated <br />Waste Management Board in the event that the diversion quantities contained in the CITY'S <br />SRRE, or any other requirement of CIWMA, are not met. <br />15. [RESERVED] <br />16. CIWMA REPORTING REOUIREMENTS: <br />CONTRACTOR shall prepare and submit to the CITY, on forms previously approved by <br />the CITY, all monthly or annual reports required of the CITY pursuant to the CIWMA. In addition <br />thereto, within sixty (60) days after the end of each calendar year, the CONTRACTOR shall <br />provide to the CITY an annual report which; (a) provides a collated summary of all the information <br />contained in the monthly reports referred to above; (b) provides a narrative description of all public <br />awareness activities of CONTRACTOR during the past one year which may have impacted <br />Recycling participation; and (c) provides a discussion of Recycling Mid source reduction program <br />highlights and difficulties. <br />CITY may require additional reports from CONTRACTOR should the reports requested, <br />or submitted, pursuant to this section not satisfactorily fulfill the CITY' S requirements. <br />17. SRRE CONSULTANT: <br />(a) CONTRACTOR shall provide consultant services as necessary to modify the <br />CITY'S SRRE as required by either the County of Orange AB 939 Local Task Force and/or the <br />State of California, The consultant to perform such services shall be approved by the CITY. Such <br />consultant services shall be provided upon request by the CITY and shall be subject to final <br />approval of the CITY, The CONTRACTOR shall be responsible for a maximum cost for such <br />services of twenty thousand ($20,000.00) dollars per fiscal year, Any costs incurred by the <br />CONTRACTOR for services approved by the CITY which exceed twenty thousand ($20,000.00) <br />dollars per fiscal year shall be the responsibility of the CITY as provided in section (b) below, <br />(b) CONTRACTOR shall submit a monthly report showing consultant services <br />performed for the preceding month. Subject to the approval of the Executive Director, any costs <br />for approved services which exceed twenty thousand, ($20,000.00) dollars per fiscal year shall be <br />13 <br />25N -20 <br />