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<br />3. Liquidated Damages. <br /> <br />The Contractor agrees, in addition to any other remedies available to the City, the City may fine the an <br />individual Contractor in the amounts specified below as liquidated damages for failure of the <br />Contractor Contractor to fulfill its obligations (fo r th e pu rpo ses o f th is section , the “Vio latin g Con <br />tracto r”) . The City will notify the Contractor Violating Contractor in writing documenting the nature <br />of the violation, the history of the account, if any, and the reason for the fine. The Violating <br />Contractor shall then have the opportunity to address and remedy the issue at which point the City <br />shall determine if a fine is still appropriate, in their sole determination. The Violating Contractor shall <br />notify City in writing of its remedy. <br /> <br />a. Failure to clean up solid waste spilled by Violating Contractor within six (6) hours of oral or <br />written notification - $50.00 each instance. <br /> <br />b. Failure to maintain vehicle in a manner, which prevents nuisances such as leaky seals or <br />hydraulics - $100.00 each instance. <br /> <br />c. Failure or neglect to collect solid waste, recycling, (or yard waste, or /bulky items at those times <br />provided by the Agreement Contract within 24-hours after either oral or written notice by City <br />- $50.00 each instance. In the case of failure to collect, an instance shall be each residence <br />missed. <br /> <br />d. Failure to correct any missed pickup for refuse, recycling, yard waste or bulky item on the <br />agreed upon schedule for resolution between the City and Contractor - $100.00 per instance per <br />day until item is collected. An instance shall be each residence not remedied in that timeframe. <br /> <br />e. Failure or neglect to provide notice to resident upon solid waste, recyclable, yard waste or <br />bulky items refused for collection for cause - $25.00 each instance. <br /> <br />f. Failure to provide, exchange, or replace a cart on the date as scheduled by the City - $50.00 per <br />day until completed. <br /> <br />g. In addition to above, failure or neglect to correct chronic problems will be considered a Breach <br />of Contract - $500.00 each instance. The City prior to assessing liquidated damages under this <br />provision will provided the hauler with notification of what problems have occurred and how <br />future violations will be considered chronic. <br /> <br />h. Failure to abide by the City’s regular collection hours - $250.00 each instance. <br /> <br />Failure to collect recyclables, which are properly prepared and placed for <br />collection as part of the collection program - $25.00 each instance. <br /> <br />i. Missing entire blocks/neighborhoods. A missed block is defined as a block where residents from <br />at least three (3) households within two intersections of that block or cul-de-sac report that <br />their material was out before 7:00 a.m., the material was not picked up and the addresses did <br />not appear on the records as unacceptable setouts - $250.00 each instance. <br /> <br />j. District-wide collection not completed. The failure to complete a majority (50% or more) of <br />pickups within the city or collection district on the scheduled collection day without <br />following proper notification procedure - $2,500.00 per instance. <br /> <br />k. The City shall impose a $250 charge per instance against the Violating Contractor payable