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b. Failure to deliver, on time, required items such as reports, schedules, manuals, <br />budgets or other materials as specified in the Operating Agreement. Twenty-five dollars ($25) <br />per item or set of materials. <br />C. Failure to have revenue control tickets available and installed and each and every <br />ticket-dispensing machine. Fifty dollars ($50) per failure. <br />d. Failure to maintain accurate monthly parking records, including monthly parking <br />applications, accurate access log, notification to the City of delinquent accounts, and <br />maintenance of activation/deactivation of monthly access. The current applicable monthly <br />rate per record or access occurrence. <br />e. Failure to properly notify the City of any unpaid individual monthly permit <br />account or event parking pass. The current applicable monthly rate for each month that <br />the unpaid individual monthly permit remains active after the seventh day (7) of each <br />month or the maximum daily parking rate for each unpaid event parking pass that was <br />created and used at a Parking Facility. <br />f. Failure to follow the Routine Maintenance and Minor Repair requirements <br />in any part. Twenty-five dollars ($25) per occurrence. <br />g. Failure to maintain revenue control equipment to ensure accuracy and <br />Consistency of operations or failure to schedule or follow up on the repair of revenue control <br />equipment malfunctions within twenty-four (24) hours of occurrence. One hundred dollars <br />($100) per occurrence per day. <br />Notification of Failure to Perform <br />Upon determining the existence of a breach under a-g above, the Contract Administrator shall <br />issue a written notice to Operator of the occurrence of such breach and the City's claim for <br />liquidated damages. <br />i. The notice of breach shall become final unless the City receives from Operator not <br />later than ten (10) business days after the date of the notice of breach, a written statement <br />from Operator, accompanied by evidence, that the breach did not occur. If such written <br />statement and evidence is not received by the City Manager within ten (10) business days <br />of the date of the notice of breach, the Contract Administrator's determination shall be <br />final. Operator agrees that the Contract Administrator shall deduct the amount of such <br />liquidated damages from the next monthly payment due to Operator. <br />ii. If the Operator contests the imposition of a liquidated damage, the Contract <br />Administrator shall review Operator's written statement and evidence as soon as <br />reasonably possible, and render a decision sustaining or reversing the determination that a <br />breach occurred and the claim for liquidated damages. Contract Administrator shall <br />deliver to Operator a written notice of such decision no later than ten (10) business days <br />after receipt of Operator's written statement and evidence. <br />26 <br />25D-30