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<br />City of Arden Hills <br /> <br /> <br />The Contractor shall provide copies of the referenced OBM market index and AMM market <br />index with each monthly statement. The Proposers shall provide a detailed explanation of how <br />the tonnage estimates will be calculated, <br /> <br />Each proposal scenario must contain a percent revenue share offer for both paper and aluminum <br />as described immediately above (see Attachment C), Proposers may offer from zero (0) percent <br />to one hundred (100) percent revenue share. <br /> <br />The City or the Contractor may propose other revenue sharing commodities and corresponding <br />proposed pricing formulae, at any time during the duration of the contract. The parties shall <br />enter into negotiations in good faith and any new revenue sharing agreement shall be reduced to <br />writing in the form of an amendment to the contract. <br /> <br />6.3 Liquidated Damages <br /> <br />The Contractor shall agree, in addition to any other remedies available to the City, that the City <br />may withhold payment from the Contractor in the amounts specified below as liquidated <br />damages for failure of the Contractor to fulfill its obligations, <br /> <br />The following acts or omissions shall be considered a breach of the contract: <br /> <br />a) Failure to respond to legitimate service complaints within 24 hours in a reasonable and <br />professioml manner - $50 per incident. <br /> <br />b) Failure to collect properly notified missed collections (as per Section 4. 13 of this RFP)- <br />$250 per incident. <br /> <br />c) Failure to provide monthly and annual reports (as per Section 4.22 ofthis RFP) - $100 <br />per incident. <br /> <br />d) Failure to complete the collections within the specified timeframes (as per Sections 4,11 <br />and 4,14 of this RFP) - $100 per incident. <br /> <br />e) Failure to clean up from spills during collection operations (as per Section 4.12 of this <br />RFP) - $250 per incident plus any costs incurred by the City, <br /> <br />1) Failure to report on changes in location ofrecyclable materials processing operations (as <br />per Section 5,1 of this RFP) - $250 per incident. <br /> <br />g) Exceeding the maximum process reject rate (as per Section 5.1 of this RFP) - $1,000 per <br />exceedence (defined as a percentage of total weight), <br /> <br />h) Failure to receive City written approval of changes to the "dual-stream" collection and <br />processing systems prior to implementing any such change (as per Section 9.6 of this <br />RFP) - $5,000. <br /> <br />i) Failure to conduct annual composition anatysis or agreed upon alternative (as specified in <br />Section5.3 of this RFP) - $100 per incident. <br /> <br />j) Failure to provide written description of the means to estimate relative amount of process <br />residuals derived from the City's recyclable materials (as per Section 5.4 of this RFP) - <br />$100 per incident. <br /> <br />The Contractor shall be liable for liquidated damages amount(s) upon determination of the City <br />of Arden Hills that performance has occurred that is not consistent with the provisions of the <br /> <br /> <br />16 <br />