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<br />CITY OF ARDEN HILLS, MN <br />CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 14 <br />and/or remedies under either the Contractor or the City’s ordinances or any subsequent <br />failure of performance. <br />13.4.4 The Contractor shall be liable to the City for liquidated damages, in the amount of $75.00 <br />first incident, $100.00 second incident and $200.00 per incident thereafter; upon <br />determination by the City that performance has not occurred consistent with the following <br />provisions of the Contract: <br />13.4.4.1 Failure to pick up missed collections by 6:00 p.m. on the day following <br />scheduled collection day. <br />13.4.4.2 Failure to complete City-wide or route-wide collection by 6:00 p.m. on the <br />scheduled collection day, unless prior approval is received by the City. <br />13.4.4.3 Failure to adequately address legitimate complaints, whether submitted by <br />residents or the City. <br />13.4.4.4 Failure promptly to clean up any spills caused by the Contractor. <br />13.4.4.5 Failure to clean up scattered or spilled material spilled by the Contractor within <br />three hours of written or oral notice from the City. <br />13.4.4.6 Disposal of recyclables in a landfill, resource recovery facility or other disposal <br />facility without receiving prior written City permission. <br />13.4.4.7 Failure to adhere to other collection restrictions and requirements set forth in <br />the Contract. If the Contractor has violated or failed to follow collection <br />restrictions or requirements in a specific incident, the City may treat each <br />violation or failure as a separate incident for the purpose of calculating liquidate <br />damages. <br />13.4.4.8 Failure to request and obtain permission from the City for collecting on the <br />residential routes earlier than 7 a.m. or later than 6 p.m. <br /> <br />14 Payment for Base Collection Services <br />14.1 The City shall be responsible for invoicing and collecting the utility rate fees from all eligible <br />RDUs receiving collection services. <br /> <br />14.2 The City may give the Contractor oral notice of discontinuation of service to RDUs, promptly <br />followed by written confirmation of the order. Upon reinstatement of service at the RDU by the <br />City, the Contractor shall resume collections on the scheduled collection day. <br /> <br />14.3 The Contractor shall bill the City for any collection services rendered to mutually agreed-upon, <br />eligible RDUs according to the collection service Contract prices set forth in this Contract. The <br />Contractor shall invoice the City on a monthly basis within ten (10) days following the end of <br />each month in a format to be specified by the City. The Contractor shall itemize applicable <br />charges by county, state or federal agencies. <br /> <br />14.4 The City shall pay the Contractor within 35 days after receiving and approving the invoice from <br />the Contractor. The City’s payment to the Contractor shall be based on the approved invoice <br />and the collection service Contract prices set forth in this Contract. The Contractor shall be <br />entitled to payment for services rendered provided an approved invoice is submitted to the City <br />pursuant to the terms of this Contract regardless of whether or not the City collects the utility