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1 providing new services, application of new technologies, service recipient Complaints, 2 amendments to this Agreement, developments in the applicable laws and regulations, 3 new initiatives for meeting or exceeding waste reduction and recycling goals, 4 regulatory constraints and Contractor performance. Agency and Contractor may each 5 select additional topics for discussion at any performance review hearing. 6 7 Not later than sixty (60) days after the conclusion of each performance 8 hearing, Agency may issue a report. As a result of the review, Agency may require 9 Contractor to provide expanded or new services within a reasonable time and for 10 reasonable rates and compensation and Agency may direct Contractor to take 11 corrective actions for any performance inadequacies. 12 13 14 ARTICLE 8 15 RECORDS, REPORTS AND INFORMATION REQUIREMENTS 16 17 8.01 General. Contractor shall maintain such accounting, statistical and other 18 records related to its performance under this Agreement as shall be necessary to 19 develop the financial statements and other reports required by this Agreement. Also, 20 Contractor agrees to conduct data collection, information and record keeping, and 21 reporting activities needed to comply with and to meet the reporting and Solid Waste 22 program management needs of the Agency and AB939 and other Federal and State and 23 local laws and regulations and the requirements of this Agreement. To this extent, such 24 requirements set out in this and other Articles of this Agreement shall not be considered 25 limiting or necessarily complete. In particular, this Article is intended to only highlight 26 the general nature of records and reports and their minimum content and is not meant 27 to comprehensively define what the records and reports are to be and their content. 28 Further, with the written direction or approval of Agency, the records and reports to be 29 maintained and provided by Contractor in accordance with this and other Articles of 30 the Agreement shall be adjusted in number, format, or frequency. Records and 31 reporting may be revised to reflect current record keeping and reporting. 32 33 8.02 Records. 34 35 8.02.1 General. Contractor shall maintain records required to conduct its 36 operations, to support requests it may make to Agency, and to respond to requests from 37 Agency in the conduct of Agency business. Adequate record security shall be 38 maintained to preserve records from events that can be reasonably anticipated such as a 39 fire, theft and earthquake. Electronically maintained datal records shall be protected 40 and backed up. All records shall be maintained for five (5) years after the expiration of 41 this Agreement. 42 Atty j Agrj2005.022 060205 -39-