25A - REFUSE COLLECTION/RECYCLING SOLID WASTE

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shall be such to adequately reflect the most current rental prices prevailing in the County of Orange at the date of termination. Any moneys due the CONTRACTOR for rental of the equipment under the provisions of this section may be withheld by the CITY and used by it for the purpose of paying any outstanding liens or payments due and unpaid upon the said equipment. 38. COMPLAINTS: (a) The CITY shall record all complaints and communications received by the CITY from persons and businesses being served under the provisions of this Agreement and all other incidents of failure to perform in accordance with this Agreement noted by the CITY. The CONTRACTOR shall be responsible to resolve such complaints within two (2) business days of receipt thereof. CONTRACTOR shall likewise record all complaints received by CONTRACTOR in a daily log which shall include the complaint, the communication, the date, time, complainant's name and address if provided, and the nature, date and manner of resolution of the complaint. A copy of said log shall be delivered to the Executive Director on a quarterly basis; however, the Executive Director reserves the right to require the CONTRACTOR to deliver, or send via telephone facsimile, such records to the Executive Director within twenty four (24) hours of receipt thereof. (b) The failure of the CONTRACTOR to pick up Solid Waste which has been set out in the proper manner shall be considered a missed pick-up, and the CONTRACTOR shall collect the material from the service recipient within twenty-four (24) hours of the CONTRACTOR's receipt of notification of the missed pick-up. If the CONTRACTOR is notified of a missed pick-up by 9:00 a.m. the following business day, the missed pick-up will be collected that same day. The CONTRACTOR shall maintain a written record of all calls related to missed pick-ups and the service response provided by the CONTRACTOR. Such records shall be made available for inspection upon request by the Executive Director. 39. COMPENSATION REDUCTION DURING STRIKE PERIOD: In the event that there occurs any period in which CONTRACTOR fails to maintain substantially complete regular collection services pursuant to this Agreement and the collection schedules then in effect, by reason of a strike or CONTRACTOR's failure to pay his employees, and only if such period includes more than ten (10) normal collection days (weekdays), then the following shall apply. (a) The City Council may assess damages against the CONTRACTOR in an amount which does not exceed the sum of the following: (1) The expenses incurred by the CITY in providing collection, Recycling, Yard Waste Diversion and/or disposal services pursuant to Section 34; and, (2) Fifty percent (50%) of the amount by which CITY revenue from fees collected for curbside service by the CITY from the public is reduced due to any reduction or refund of such fees granted by the City Council to compensate such fee payers for the inconvenience experienced by them 28 25A-36