Laserfiche WebLink
9. LIQUIDATED DAMAGES. The Contractor shall agree, in addition to any other <br />remedies available to the City, the City may withhold. payment from the <br />Contractor in the amounts specified below as.liquidated damages for failure of <br />the Contractor to fulfill its obligations notwithstanding the foregoing, the <br />Contractor may only be assessed liquidated damages for those defaults that are <br />not cured pursuant to Section 10 and the City shall only be allowed to.assess one <br />monetary assessment per incident and not stack monetary damages. for the same <br />incident: <br />a.. Failure to respond to legitimate service complaints within 24 hours in a <br />reasonable and professional manner - $50 per incident: <br />b. Failure to collect properly notified missed Collections - $50 per incident. <br />c. Failure to.provide monthly and annual reports - $.100 per incident. <br />d. Failure to cleanup from spills during Collection operations - $50 per <br />incident. <br />e. Failure to xeport. on changes in location of Recyclable Materials Processing <br />operations - $250 per incident. <br />f. Failure to provide written: description of the means to estimate relative. <br />amount of. Process Residuals derived from the City's recyclables - $10.0 per <br />incident. <br />g. Failure to receive City written approval of changes to the Collection and <br />Processing systems. prior to implementing any such. change - $1,000. <br />h. Failure to conduct and report results of the annual. composition analysis - <br />$300 per incident. <br />L Failure to maintain current County licenses to haul Recyclables - $500 per. <br />day. <br />These designated amounts for non-performance do not. represent penalties. <br />1.0. DEFAULT. Any of the: following occurrences, conditions, or acts shall be deemed. <br />a "Default" under this Agreement: <br />A. if either party fails to observe or perform its obligations under this Agreement <br />and does not Cure such failure within ten (10) days from its receipt of written <br />notice of breach without, However, limiting any other rights available to. parties <br />pursuant to any other provisions of this. Agreement. <br />B. Except as.expressly limi_ted.hereby,. City and Contractor shall have such remedies. <br />for the default of the other party hereto as may be provided at law or equity <br />following.written notice of such default and failure to cure the same within 'ten <br />{10) days. <br />Rcsi.dcntlaIRecycling Service Contract <br />Page 7of15 <br />201... Gem Lake Recyeling.Contrsct DraA 7.14:201.6 <br />