65A - AGMT - AMEND WASTE SRVS - Laserfiche WebLink

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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 pdolic 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 due to CONTRACTOR's failure to furnish full performance during such period. (b) In assessing damages, the City Council shall take into account the CONTRACTOR's efforts to mitigate the inconvenience to the public receiving curbside service. In particular, CONTRACTOR shall be, given credit for Curbside. Service Unit collections made by CONTRACTOR by having damages assessed, subject to the above said maximum, in approximately the same proportion. to the compensation due CONTRACTOR for ourbside service during the subject period as the number of Qxrbsido Service Unit collections which CONTRACTOR failed to make bears to the total number of Curbside. Service Unit collections which should have been made pursuant to this Agreement. (c) In addition to any other lawful means of effecting recovery of the damages assessed against CONTRACTOR the amount thereof may be deducted by CITY frorn money due or which may become dine to the CONTRACTOR either in single stun or in installments. In the event CONTRACTOR objects to such assessment or set -off, it shall nevertheless maintain full performance under this Agreement, reserving all rights to subsequently litigate the propriety or amount of the damages assessed. (d) Refunds or reduction of payments of CONTRACTOR's Customers shall be the sole responsibility of CONTRACTOR, CONTRACTOR. covenants for the benefit of each Such Customer to grant a reasonable and fair refund or reduction or compensatory service; provided, however, that the CONTRACTOR may condition such refunds or reductions or compensatory service upon the Customer's filing of a claim for the same with the CONTRACTOR, To the extent Bin or Roll -Off Service collections are made at CITY'S expense in the absence of CONTRACTOR's performance, CONTRACTOR, shall be liable to CITY for a proportionate amount of the Customers' payments due to the CONTRACTOR.. 40, FE ES A qD GRATUITIES; CONTRACTOR shall not, nor shall it permit any agent, employee or subcontractor employed by it to, request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity for the collection of Solid Waste otherwise requirod. to be colleoted under this Agreement, except such compensation as is provided for in this Agreement. However, CONTRACTOR may make available to Bin Service users special services as provided for in Section 28 hereof. CONTRACTOR may make a direct charge in each instance for such service 26 65A -37