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Attachment A-3 <br />31. CITY RETAINS RIGHT TO SPECIFY RESIDENT PREPARATION <br />INSTRUCTIONS -The Contractor agrees that it is the City's sole right to <br />clearly specify the resident sorting and set-out requirements. The City shall <br />publish and distribute, on an annual basis, the detailed recyclables preparation <br />instructions for its residents. However, it agrees to confer with the Contractor <br />prior to annual distribution. <br />33. LIQUIDATED DAMAGES -The Contractor agrees, 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: <br />F. Failure to report on changes in location of recyclables processing <br />operations (as per Section 11 of the Agreement body) - $250 per <br />incident. <br />G. Exceeding the maximum process reject (residuals) rate (as per Section <br />4 of the Agreement body) - $1,000 per exceedence (defined as a <br />monthly total by weight over the specified maximum rate). <br />H. Failure to receive City written approval of changes to the "Two-Sort" <br />collection/processing system prior to implementing any such change <br />(as specified in Attachment A: Paragraph IILA.16) - $5,000. <br />I. Failure to conduct annual composition analysis (as specified in <br />Attachment A: Paragraphs IILA.17 and IILB.18) - $100 per incident. <br />J. Failure to provide written description of the means to estimate relative <br />amount of process residuals derived from the City's recyclables (as per <br />Attachment A: Paragraphs IILA.18 and IILB.19) - $100 per incident. <br />These amounts are liquidated damages for losses suffered by the City, and not <br />a penalty. <br />2 B~~os <br />