Laserfiche WebLink
<br />(b) In assessing damages, the City Council shall take into <br />account the CONTRACTOR's efforts to mitigate the inconvenience to <br />the public receiving curbside service. In particular, CONTRACTOR <br />shall be given credit for Curbside Service Unit collections made by <br />CONTRACTOR by having damages assessed, subject to the above said <br />maximum, in approximately the same proportion to the compensation <br />due CONTRACTOR for curbside service during the subject period as <br />the number of Curbside Service Unit collections which CONTRACTOR <br />failed to make bears to the total number of Curbside Service Unit <br />collections which should have been made pursuant to this Agreement. <br /> <br />(c) In addition to any other lawful means of effecting <br />recovery of the damages assessed against CONTRACTOR the amount <br />thereof may be deducted by CITY from money due or which may become <br />due to the CONTRACTOR either in single sum or in installments. In <br />the event CONTRACTOR objects to such assessment or set-off, it <br />shall nevertheless maintain full performance under this Agreement, <br />reserving all rights to subsequently litigate the propriety or <br />amount of the damages assessed. <br /> <br />(d) Refunds or reduction of payments of CONTRACTOR's <br />Customers shall be the sole responsibility of CONTRACTOR. <br />CONTRACTOR covenants for the benefit of each such Customer to grant <br />a reasonable and fair refund or reduction or compensatory service; <br />provided, however, that the CONTRACTOR may condition such refunds <br />or reductions or compensatory service upon the Customer's filing of <br />a claim for the same with the CONTRACTOR. To the extent Bin or <br />Roll-Off Service collections are made at CITY'S expense in the <br />absence of CONTRACTOR's performance, CONTRACTOR shall be liable to <br />CITY for a proportionate amount of the Customers' payments due to <br />the CONTRACTOR. <br /> <br />40. <br /> <br />FEES AND GRATUITIES: <br /> <br />CONTRACTOR shall not, nor shall it permit any agent, employee <br />or subcontractor employed by it to, request, solicit, demand, or <br />accept, either directly or indirectly, any compensation or gratuity <br />for the collection of Solid Waste otherwise required to be <br />collected under this Agreement, except such compensation as is <br />provided for in this Agreement. However, CONTRACTOR may make <br />available to Bin Service users special services as provided for in <br />section 28 hereof. CONTRACTOR may make a direct charge in each <br />instance for such service under a written agreement which shall be <br />subject to the approval of the Executive Director and at such rates <br />as are reasonable, just and uniform for all persons requesting such <br />additional services. All such charges shall be collected by <br />CONTRACTOR. Nothing in this section or in this Agreement shall be <br />construed, however, to require CONTRACTOR to render services of any <br />kind to any person to the extent such services are not specifically <br />required by the provisions of this Agreement, or to require that <br />CONTRACTOR having rendered special or additional services not <br />provided for herein to one or more persons, to offer or render the <br />same services to any other person or entity. <br /> <br />32 <br />