CC PACKET 01102023 - Laserfiche WebLink

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Page 25 ¨Failure to maintain vehicles in proper working order. ¨Failure to report on changes in the location of disposal sites or materials processing operations. ¨Failure to receive written City approval before making changes to the Collection and Disposal systems. ¨Failure to comply with Customer service requirements. ¨Failure to accurately document incidents in the Customer service database. ¨Failure to provide monthly and annual reports. ¨Failure to conduct annual Composition analysis or agreed-upon alternative. ¨Failure to provide customers notice when they are in violation of City Collection regulations (educational tagging). ¨Failure to return Carts to their original location. ¨Failure to follow Spring City-Wide Clean-Up Event requirements. ¨Failure to correct chronic problems. ¨Disposing of material at an alternate facility without prior approval from City. ¨Failure to provide educational tours in accordance with this Contract. ¨Failure to staff an event on mutually agreed upon dates. The Contractor shall be liable for liquidated damage amount(s) upon determination of the City that performance is not consistent with the provisions of the Contract. The City shall notify the Contractor in writing or electronically of each act or omission discovered by the City, and provide the Contractor with a proposed cure and response timeline pursuant to the compliant escalation procedure set forth in section 14, pages 23-24 of this Contract which shall allow Contractor a practicable period of time in which to cure the issue, and in no circumstance less than one business day from Contractor’s receipt of the complaint. It shall be the duty of the Contractor to take whatever steps or actions may be necessary to remedy the cause of the complaint. The City may invoice the Contractor for the full amount of any damages. The remedy available to the City shall be in addition to all other remedies that the City may have under law or at equity. Contractor shall not be deemed to be liable for liquidated damages where its inability to perform Collection service is the result of conditions beyond the control of Contractor, including but not limited to civil disorder, acts of God, or inclement weather severe enough that trucks cannot safely make Collections. 15.EMERGENCY AND DISASTER SERVICES 140