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$25 for each ton below tonnage level necessary to meet % Diversion goal <br />10. General Contract Adherence <br />11. <br />For each day that Contractor fails to provide services required under the <br />Agreement, or comply with terms of the Agreement, five (5) business days after <br />receipt of written notification from City that such services are not being provided <br />or terms are not being met: <br />Compensation Reduction During Strike Period <br />$500.00/day <br />In the event that there occurs any period in which Contractor fails to maintain <br />substantially complete regular Collection services pursuant to this Agreement <br />and the Collection schedules then in effect, by reason of a strike or Contractor's <br />failure to pay their employees, and only if such period includes more than ten <br />(10) normal Collection days (weekdays), then the following shall apply: <br />a) The City Council may assess damages against the Contractor in an amount <br />which does not exceed the sum of the following: <br />i. The expenses incurred by the City in providing Collection, Recycling, <br />Organics Diversion and/or Disposal services pursuant to Section 10; <br />and, <br />ii. One -Hundred percent (100%) of the amount by which City revenue <br />from fees collected for Residential Curbside Service Units by the City <br />from the public is reduced due to any reduction or refund of such fees <br />granted by the City Council to compensate such fee payers for the <br />inconvenience experienced by them due to Contractor's failure to <br />furnish full performance during such period. <br />b) In assessing damages, the City Council shall take into account the <br />Contractor's efforts to mitigate the inconvenience to the public receiving <br />curbside service. In particular, Contractor shall be given credit for <br />Residential Curbside Service Unit Collections made by Contractor by having <br />damages assessed, subject to the above said maximum, in approximately the <br />same proportion to the compensation due Contractor, for curbside service <br />during the subject period as the number of Residential Curbside Service Unit <br />March 9, 2020 129 City of Santa Ana - DRAFT <br />60A-218 <br />