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38. COMPLAINTS: <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 /> (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 notification 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 /> 39. COMPENSATION REDUCTION DURING STRIKE PERIOD: <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 /> (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 /> (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 /> 31 <br />