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following general incident escalation procedure provides a general guide for managing such communications as efficiently as possible. Simple complaints and incidents may be handled with verbal communications only (e.g., phone calls). Significant complaints and incidents must be recorded via at least email and logged. A proposed cure agreed upon by the City and Contractor and response timeline shall be discussed. • If a problem is not cured within the proposed timeline, a second email should be used to communicate a new timeline. Proposed alternative cures shall be agreed upon by both the City and the Contractor. • If a problem is still not cured within the new timeline of a second email, the City may send a letter indicating a new cure timeline and warning that liquidated damages may be imposed if the problem is not resolved. • If a problem is still not cured with the new timeline of the letter, the City will send a letter and email notifying the Contractor that liquidated damages will be imposed. • If a problem remains chronic and uncured, the City may elect to initiate Contract breach procedures to notify the Contractor of the Contract termination process. 5.5 Liquidated Damages This Contract establishes liquidated damages as an exclusive remedy for failure to meet the performance standards set forth in this Section 5.5. These liquidated damages are independent of provisions governing other defaults and breaches of the parties addressed elsewhere in this Contract. This list may be amended by mutual written agreement between the City and Contractor as needed. The City and Contractor expressly agree that the potential harm or injury to the City or residents caused by the incidents of substandard performance set forth in this Section 5.5 are difficult or impossible to accurately estimate. The City and Contractor stipulate that each damage dollar amount in this Section 5.5 is a reasonable estimate of the loss to the City and the public. The Contractor shall agree, in addition to any other remedies available to the City, that the City may withhold payment from the Contractor in the amounts specified below as liquidated damages for failure of the Contractor fulfilling its obligations listed in subsequent A through Y below: A. Failure to respond to legitimate service complaints within twenty-four (24) hours in a reasonable and professional manner — $50 per incident. B. Failure to collect properly notified missed collections — $250 per incident. C. Failure to collect properly notified Partial Dumps — $250 per incident. Recycling Services Contract 2022-2025.doc • A-22 Page 60 of 348