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<br />CITY OF ARDEN HILLS, MN <br />CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 16 <br />13.4.1 The imposition of liquidated damages is not a penalty, but recognition of the difficulty of <br />ascertaining the damage resulting from certain types of performance breaches. The assessment <br />of liquidated damages shall be at the reasonable discretion of the City and shall be in lieu of <br />other remedies, if imposed. <br />13.4.2 The City may deduct the full amount of any liquidated damages from any payment due to the <br />Contractor, but any liquidated damages not so deducted shall remain the obligation of the <br />Contractor and be payable to the City on demand. <br />13.4.3 The City may assess liquidated damages in lieu of other remedies available to the City for <br />breach of the Contract or violation of the City’s ordinances. Failure to impose liquidated <br />damages for lack of performance shall not constitute a waiver of the City’s other rights and/or <br />remedies under either the Contractor or the City’s ordinances or any subsequent failure of <br />performance. <br /> <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 /> <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 />RDU’s and MDU’s receiving collection services. <br /> <br />14.2 The City may give the Contractor oral notice of discontinuation of service to RDU’s or MDU’s, <br />promptly followed by written confirmation of the order. Upon reinstatement of service at the