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CITY OF ARDEN HILLS, MN <br />CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 18 <br />remedies under either the Contractor or the City’s ordinances or any <br />subsequent failure of performance. <br />13.4.4. The Contractor shall be liable to the City for liquidated damages, in the <br />amount of $75.00 for the first incident, $100.00 for the second incident <br />and $200.00 per incident thereafter; upon determination by the City that <br />performance has not occurred consistent with the following provisions of <br />the Contract: <br />13.4.4.1. Failure to pick up missed collections by 6:00 p.m. on the day <br />following scheduled collection day. <br />13.4.4.2. Failure to complete City-wide or route-wide collection by <br />6:00 p.m. on the scheduled collection day, unless prior <br />approval is received by the City. <br />13.4.4.3. Failure to adequately address legitimate complaints, whether <br />submitted by residents or the City. <br />13.4.4.4. Failure promptly to clean up any spills or leaks caused by the <br />Contractor. <br />13.4.4.5. Failure to clean up scattered or spilled material spilled by the <br />Contractor within three hours of written or oral notice from <br />the City. <br />13.4.4.6. Disposal of recyclables by the Contractor in a landfill, <br />resource recovery facility or other disposal facility without <br />receiving prior written City permission. <br />13.4.4.7. Failure to adhere to other collection restrictions and <br />requirements set forth in the Contract. If the Contractor has <br />violated or failed to follow collection restrictions or <br />requirements in general, the City may treat each violation or <br />failure as a separate incident for the purpose of calculating <br />liquidated damages. <br />13.4.4.8. Failure to request and obtain permission from the City for <br />collecting on the residential routes earlier than 7 a.m. or later <br />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 <br />eligible RDUs and MDUs receiving collection services. <br /> <br />14.2. The City may give the Contractor oral notice of discontinuation of service to RDUs or <br />MDUs, promptly followed by written confirmation of the order. Upon reinstatement <br />of service at the RDU or MDU by the City, the Contractor shall resume collections on <br />the next scheduled collection day. <br />