Laserfiche WebLink
  <br />15 <br />483433v3 NE136-8 <br />b) Failure to collect properly notified missed collections (as per Section 2.13 of this <br />Agreement) - $250 per incident. <br />c) Failure to provide monthly and annual reports (as per Section 2.22 of this <br />Agreement) - $100 per incident. <br />d) Failure to complete the collections within the specified timeframes (as per Sections <br />2.11 and 4.14 of this Agreement) - $100 per incident. <br />e) Failure to clean up from spills during collection operations (as per Section 2.12 of <br />this Agreement) - $250 per incident. <br />f) Failure to report on changes in location of recyclable materials processing <br />operations (as per Section 3.1 of this Agreement) - $250 per incident. <br />g) Exceeding the maximum process reject rate (as per Section 3.1 of this Agreement) - <br />$1,000 per exceedence (defined as a percentage of total weight). <br />h) Failure to receive City written approval of changes to the “single-stream” collection <br />system prior to implementing any such change (as per Section 1.5 of this <br />Agreement) - $5,000. <br />i) Failure to conduct annual composition analysis or agreed upon alternative (as <br />specified in Section 3.3 of this Agreement) - $100 per incident. <br />j) Failure to provide written description of the means to estimate relative amount of <br />process residuals derived from the City’s recyclable materials (as per Section 3.4 of <br />this Agreement) - $100 per incident. <br /> <br />The Contractor shall be liable for liquidated damages amount(s) upon determination of <br />the City that performance has occurred that is not consistent with the provisions of this <br />Agreement. The City shall notify the Contractor in writing or electronically of each act <br />or omission discovered by the City. It shall be the duty of the Contractor to take <br />whatever steps or action may be necessary to remedy the cause of the complaint. <br /> <br />The City may deduct the full amount of any damages from any payment due to the <br />Contractor. The remedy available to the City under this paragraph shall be in addition to <br />all other remedies which the City may have under law or at equity. <br /> <br />Exceptions: For the purposes of this Agreement, the Contractor shall not be deemed to <br />be liable for penalties where its inability to perform recycling collection service is the <br />result of conditions beyond the control of the Contractor, including but not limited to <br />civil disorder, acts of God, inclement weather severe enough that trucks cannot safely <br />take collections, provided however, that the Contractor shall obtain the approval for the <br />delay from the City Sanitarian or his or her designee prior to 4:00 p.m. of the scheduled <br />collection day. <br /> <br />5. INSURANCE AND OTHER LEGAL REQUIREMENTS <br /> <br />5.1 Insurance <br /> <br />Insurance secured by the Contractor shall be issued by insurance companies acceptable to <br />the City and admitted in Minnesota. The insurance specified may be in a policy or <br />policies of insurance, primary or excess. Such insurance shall be in force on the date of