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If a problem is not cured within the proposed timeline, a second email should be used to <br />communicate a new timeline. Proposed alternative cures shall be agreed upon by both the <br />City and the Contractor. <br />If a problem is still not cured within the new timeline of a second email, the City may <br />send a letter indicating a new cure timeline and warning that liquidated damages may be <br />imposed if the problem is not resolved. <br />If a problem is still not cured with the new timeline of the letter, the City will send a letter <br />and email notifying the Contractor that liquidated damages will be imposed. <br />If a problem remains chronic and uncured, the City may elect to initiate Contract breach <br />procedures to notify the Contractor of the Contract termination process. <br />5.5 quidated Damages <br />This Contract establishes liquidated damages for failure to meet selected, example performance <br />standards. These liquidated damages are independent of default and breach provisions addressed <br />elsewhere in this Contract. This list of example liquidated damages within this section is not <br />intended to be exhaustive; lack of Contractor performance on other service standards may also <br />result in liquidated damages. This list may be amended by mutual written agreement between the <br />City and Contractor as needed. <br />The City and Contractor expressly agree that the potential harm or injury to the City or residents <br />caused by the incidents of substandard performance set forth in this Contract are difficult or <br />impossible to accurately estimate. The City and Contractor stipulate that each damage dollar <br />amount in this Contract is a reasonable estimate of the loss to the City and the public. <br />The existence or recovery of such liquidated damages shall not preclude the City from <br />recovering other damages in addition to the payments made hereunder which the City can <br />document as being attributable to Contractor performance failures. In addition to other costs that <br />may be recouped, the City may include costs of personnel and assets used to coordinate, inspect, <br />and re -inspect items within this Contract as well as attorney fees if applicable. <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 fulfilling its obligations: <br />A. Failure to respond to legitimate service complaints within twenty-four (24) hours in a <br />reasonable and professional manner — $50 per incident. <br />B. Failure to collect properly notified missed collections — $250 per incident. <br />C. Failure to collect properly notified Partial Dumps — $250 per incident. <br />D. Failure to leave an education tag when Non -Targeted Materials are included and <br />observed in the cart — $100 each incident. <br />RFP for City of Roseville Recycling Services . A -TA <br />