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Page 23 <br />Deliver quality and timely Refuse, Recycling, Yard Waste, and other solid waste Collection <br />services to residents as set forth in the referenced RFP, Contractor’s proposal and <br />clarifications, and this Contract. <br />Meet other conditions as described herein for Collection and transportation of Refuse to the <br />designated Refuse disposal facility. <br />The City and Contractor shall communicate on a regular and as needed basis related to Customer <br />complaints, accidents, and other incidents. The following general incident escalation procedure <br />provides a general guide for managing such communications as efficiently as possible. <br />Simple complaints and incidents may be handled with verbal communications only (e.g., <br />phone calls). <br />Significant complaints and incidents must be recorded in writing via at least email. A <br />proposed cure and response timeline shall be discussed. <br />If a problem is not cured within the proposed timeline, a second email should be used to <br />communicate a new timeline. <br />If a problem is still not cured within the new timeline of a second email, the City may send a <br />letter indicating a new cure timeline and warning that liquidated damages may be imposed <br />if the problem is not resolved. <br />If a problem is still not cured with the new timeline of the letter, the City will send a letter <br />and email notifying the Contractor that liquidated damages will be imposed. <br />If a problem remains chronic and uncured, the City may initiate Contract breach procedures <br />to notify the Contractor. <br />This Contract establishes liquidated damages for failure to meet selected, example performance <br />standards. Not all Contract performance standards are listed in this section, but may still incur <br />liquidated damages. These liquidated damages are independent of default and breach provisions <br />addressed elsewhere in this Contract. City and Contractor expressly agree that the potential harm <br />or injury to City caused by the incidents of substandard performance set forth in this Contract are <br />difficult or impossible to accurately estimate. City and Contractor stipulate that each damage dollar <br />amount in this Contract is a reasonable estimate of the probable loss to the City and the general <br />public. <br />The existence or recovery of liquidated damages shall not preclude City from recovering other <br />damages in addition to the payments made hereunder which City can document as being <br />attributable to the above referenced failures. In addition to other costs that may be recouped, City <br />may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within <br />this Contract as well as attorney’s fees if applicable. <br />The City, after completing the general incident escalation procedure set out in this Section or after <br />good faith discussions with the Contractor’s designated point of contact, may assess liquidated <br />damages in the amounts specified below for failure of the Contractor to fulfill its obligations, in <br />addition to any other remedies available to the City. <br />138