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!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 for failure to meet selected, example performance standards. These liquidated damages are independent of default and breach provisions addressed elsewhere in this Contract. This list of example liquidated damages within this section is not intended to be exhaustive; lack of Contractor performance on other service standards may also result in liquidated damages. 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 Contract are difficult or impossible to accurately estimate. The City and Contractor stipulate that each damage dollar amount in this Contract is a reasonable estimate of the loss to the City. The existence or recovery of such liquidated damages shall not preclude the City from recovering other damages in addition to the payments made hereunder which the City can document as being attributable to Contractor performance failures. In addition to other costs that may be recouped, the City may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Contract as well as attorney fees if applicable. 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: A.!Failure to respond to legitimate service complaints within 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. D.!Failure to leave an education tag when Non-Targeted Materials are included and observed in the cart $100 each incident. E.!Failure to collect Walk-Up Service accounts due to severe weather or driveway surface conditions for more than two consecutive collection events after conditions permit access $250 per incident. RFP for City of Roseville Recycling Services A-24 RS160\\1\\934842.v1 Qbhf!236!pg!6:7