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<br />38. <br /> <br />COMPLAINTS: <br /> <br />(a) The CITY shall record all complaints and communications <br />received by the CITY from persons and businesses being served under <br />the provisions of this Agreement and all other incidents of failure <br />to perform in accordance with this Agreement noted by the CITY. <br />The CONTRACTOR shall be responsible to resolve such complaints <br />within two (2) business days of receipt thereof. CONTRACTOR shall <br />likewise record all complaints received by CONTRACTOR in a daily <br />log which shall include the complaint, the communication, the date, <br />time, complainant's name and address if provided, and the nature, <br />date and manner of resolution of the complaint. A copy of said log <br />shall be delivered to the Executive Director on a quarterly basis; <br />however, the Executive Director reserves the right to require the <br />CONTRACTOR to deliver, or send via telephone facsimile, such <br />records to the Executive Director within twenty four (24) hours of <br />receipt thereof. <br /> <br />(b) The failure of the CONTRACTOR to pick up Solid Waste <br />which has been set out in the proper manner shall be considered a <br />missed pick-up, and the CONTRACTOR shall collect the material from <br />the service recipient within twenty-four (24) hours of the <br />CONTRACTOR's receipt of notif ication of the missed pick-up. If the <br />CONTRACTOR is notified of a missed pick-up by 9:00 a.m. the <br />following business day, the missed pick-up will be collected that <br />same day. The CONTRACTOR shall maintain a written record of all <br />calls related to missed pick-ups and the service response provided <br />by the CONTRACTOR. Such records shall be made available for <br />inspection upon request by the Executive Director. <br /> <br />39. <br /> <br />COMPENSATION REDUCTION DURING STRIKE PERIOD: <br /> <br />In the event that there occurs any period in which CONTRACTOR <br />fails to maintain substantially complete regular collection <br />services pursuant to this Agreement and the collection schedules <br />then in effect, by reason of a strike or CONTRACTOR's failure to <br />pay his employees, and only if such period includes more than ten <br />(10) normal collection days (weekdays), then the following shall <br />apply. <br /> <br />(a) The City Council may assess damages against the <br />CONTRACTOR in an amount which does not exceed the sum of the <br />following: <br /> <br />(1) The expenses incurred by the CITY in providing <br />collection, Recycling, Yard Waste Diversion and/or disposal <br />services pursuant to section 34; and, <br />(2) Fifty percent (50%) of the amount by which CITY <br />revenue from fees collected for curbside service by the CITY from <br />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 /> <br />31 <br />