CC PACKET 01102023 - Laserfiche WebLink

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Page 24 The amounts listed below are for liquidated damages for losses suffered by the City and are 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 without the ability to cure. The Contractor will be charged liquidated damages 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 12:00 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 12:00 p.m., the Contractor shall be required to service such locations no later than 4:00 p.m. the following day, excluding Saturdays, 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 for each non-compliant missed pickup per Section 14.3. 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 8 p.m. on any scheduled Collection day. Whenever the Contractor misses an area that should have received scheduled service, the City shall invoice the Contractor according to Section 14.3. 14.3.Administrative Non-Compliance Whenever Contractor performs services in a non-compliant manner, as determined by the City, and Contractor has failed to cure, the City shall invoice Contractor up to $2,500 per occurrence. Assessment amounts may vary and shall be proportional to the serverity of the violation. Examples include, but are not limited to, items such as: ¨Failure to operate during basic operating hours. ¨Failure to complete the Collections within the specified timeframes without proper notice to the City. ¨Failure to respond to legitimate service complaints within 24 hours in a reasonable and professional manner. ¨Failure to accurately answer a resident’s question to the Contractor’s Customer service call center. ¨Failure to report and clean-up hydraulic spills or clean-up material spills within one hour of notification. 139