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new service provider servicing Customers with access issues, as described in <br />Section 12.9: $1,000/day <br />c) For delay in not meeting the requirements contained in Section 12.9 in a <br />timely manner, in addition to the daily liquidated damages for breach under <br />8(a) and 8(b) above, liquidated damages of: $35,000 <br />9. Diversion Efforts <br />For each Rate Year (July 1, 2022 through June 30, 2023 considered the first Rate <br />Year) in which Contractor fails to provide support to the City within forty-five <br />(45) days of year-end, documenting that it diverted at least 20% of the Solid <br />Waste Contractor Collected under this Agreement per Section 4.6.1: <br />$25 for each ton below tonnage level necessary to meet 20% Diversion goal <br />10. General Contract Adherence <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 />11. SB 1383 Compliance <br />$500.00/day <br />Failure to meet SB 1383 requirements set forth below (beginning July 1, 2022): <br />a) Use of Unauthorized Facilities. For each individual occurrence of delivering <br />Recyclable Materials, Organic Materials, or Refuse to a Facility other than an <br />Approved Facility(ies) or Designated Disposal Facility for each respective <br />material type under this Agreement. Liquidated damage is $100 per ton per <br />offense. <br />b) Failure to Perform Contamination Monitoring Requirements. For each failure <br />to conduct contamination monitoring in accordance with Section 5.5 of this <br />Agreement. Liquidated damage is $100 per route per occurrence. <br />c) Failure to Conduct Compliance Tasks. For each failure to conduct any <br />compliance review, Solid Waste evaluations pursuant to Section 8.5 of Exhibit <br />August 17, 2021 158 City of Santa Ana <br />