CC WS PACKET 03082022 - Laserfiche WebLink

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Page 24 difficult or impossible to accurately estimate. City and Contractor stipulate that each damage dollar amount in this Contract is a reasonable pre-estimate of the probable loss to the City and the general public. The existence or recovery of such liquidated damages shall not preclude City from recovering other damages in addition to the payments made hereunder which City can document as being attributable to the above referenced failures. In addition to other costs that may be recouped, 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 City, after completing the general incident escalation procedure set out in the Section or after good faith discussions with the Contractor’s designated point of contract, may assess liquidated damages in the amounts specified below for failure of the Contractor fulfilling its obligations, in addition to any other remedies available to the City. These amounts will be for liquidated damages for losses suffered by the City and not penalties. Liquidated damages shall be paid within 30 days after assessment by the City and 10 or more such major incidents in a six month period may constitute grounds for termination of the Contract and not subject to cure. The Contractor will be charged liquidated damage for non-compliant missed pickups, area-wide missed pickups/route non-completion, administrative non-compliance and/or other performance failures, as listed below. Liquidated damages will only be assessed for administrative non- compliance after the City has provided written warnings to the Contractor and given the Contractor an opportunity to correct the violation. 14.1.Non-Compliant Missed Pickup Whenever the City or a Customer notifies Contractor before 2:00 p.m. of locations that have not received scheduled service, the Contractor shall be required to service such locations before 8:00 p.m. the same day. When notified after 2:00 p.m., the Contractor shall be required to service such locations no later than 10:00 a.m. of the following day, excluding Saturday and Sundays, and Holidays. Missed pickup calls shall be entered, by Contractor, into the Contractor’s database identifying the time when the call is received notifying them of the missed pickup and when the service is completed. The missed pickups that fail to comply with the requirements of this section are “non-compliant missed pickups”. The City shall invoice Contractor $2,500 for each non- compliant missed pickup. 14.2.Area-Wide Missed Pickup/Route Non-Completion An area-wide missed pickup or a non-completion of the route is defined as one or both sides of a street or alley, one block or larger, if contiguous that is not picked up by 6 p.m. on any given Collection day. Whenever the Contractor misses an area that should have received scheduled service, the City shall invoice the Contractor $5,000 for the area miss and payment to the City shall be made separately.