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D. The City shall notify the Contractor by 12:00 noon on the work day following the <br />scheduled pick-up of all missed stops. The Contractor is required to service such <br />locations before 5:00 p.m. on the date of notification. <br />E. The Contractor's employees shall handle all Containers with reasonable care to <br />avoid damage, shall replace all Containers in an upright position and shall <br />immediately clean up and dispose of any Recyclable Materials which may have <br />fallen out of a Container. <br />F. The performance of the Contract shall be done by the Contractor with forces <br />which are adequate to insure the satisfactory collection and disposal of the <br />Recyclable Materials at all times. Contractor's failure to perform shall not be <br />excused by adverse conditions of weather, breakdown and similar hindrances <br />which on other work might be regarded as "acts of providence". <br />G. The Contractor shall certify that the materials collected in the Recycling Program <br />are delivered to a recycling processing center. Materials found to be landfilled <br />will be in violation of City ordinance and will cause the Contractor to incur the <br />penalties listed in the City's recycling ordinance. <br />SECTION 8. COMPENSATION <br />A. The City will compensate the Contractor for the collection of Recyclable <br />Materials from City residents at a rate of $2.95 per month per Residential <br />Property for the duration of the Contract. <br />B. The number of Residential Properties will be updated not less than every calendar <br />quarter and will be equal to the number of Residential Properties billed for <br />participation in the Recycling Program through the City's utility billing system. <br />C. The rate per Residential Property is fixed and cannot be changed without mutual <br />agreement of both parties. <br />SECTION 9. FILING OF REPORTS <br />The Contractor shall submit a monthly summary describing the residents' participation rate, the <br />quantity (tonnage) and kinds of all Recyclable Materials collected and the primary purchaser(s) <br />of the Recyclable Materials. Monthly summaries shall be submitted no later than the 15th day of <br />the month following the month for which the report is submitted. <br />SECTION 10. ACCESS TO RECORDS <br />The Contractor shall permit the City to review its books, documents, papers and records which <br />are directly related to the performance of this Contract for the purpose of making an audit, and <br />other examinations deemed necessary by the City. <br />SECTION 11. INSURANCE <br />5 <br />