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CONTRACTOR in the performance of the work specified in this Agreement. Further, the City <br />shall have access to the MRF and composting facilities used by the CONTRACTOR for the <br />Processing, Recycling and Yard Waste Diversion of Solid Waste produced or accumulated <br />within the CITY. The right of the CITY to enter upon and use facilities and equipment as <br />specified herein shall extend following the date of cancellation of this Agreement for a period of <br />ninety (90) consecutive calendar days. The rental prices to be paid the CONTRACTOR under <br />this section shall be such to adequately reflect the most current rental prices prevailing in the <br />County of Orange at the date of termination. <br />Any moneys due the CONTRACTOR for rental of the equipment under the provisions of <br />this section may be withheld by the CITY and used by it for the purpose of paying any <br />outstanding liens or payments due and unpaid upon the said equipment. <br />40. COMPLAINTS: <br />(a) The CITY shall record all complaints and communications received by the CITY <br />from persons and businesses being served under the provisions of this Agreement and all other <br />incidents of failure to perform in accordance with this Agreement noted by the CITY. The <br />CONTRACTOR shall be responsible to resolve such complaints within two (2) business days of <br />receipt thereof. CONTRACTOR shall likewise record all complaints received by <br />CONTRACTOR in a daily log which shall include the complaint, the communication, the date, <br />time, complainant's name and address if provided, and the nature, date and manner of resolution <br />of the complaint. A copy of said log shall be delivered to the Executive Director on a quarterly <br />basis; however, the Executive Director reserves the right to require the CONTRACTOR to <br />deliver, or send via email or telephone facsimile, such records to the Executive Director within <br />twenty four (24) hours of receipt thereof. <br />(b) The failure of the CONTRACTOR to pick up Solid Waste which has been set out <br />in the proper manner shall be considered a missed pick-up, and the CONTRACTOR shall collect <br />the material from the service recipient within twenty-four (24) hours of the CONTRACTOR's <br />receipt of notification of the missed pick-up. If the CONTRACTOR is notified of a missed pick- <br />up by 9:00 a.m. the following business day, the missed pick-up will be collected that same day. <br />The CONTRACTOR shall maintain a written record of all calls related to missed pick-ups and <br />the service response provided by the CONTRACTOR. Such records shall be made available for <br />inspection upon request by the Executive Director. <br />41. COMPENSATION REDUCTION DURING STRIKE PERIOD: <br />In the event that there occurs any period in which CONTRACTOR fails to maintain <br />substantially complete regular collection services pursuant to this Agreement and the collection <br />schedules then in effect, by reason of a strike or CONTRACTOR's failure to pay his employees, <br />and only if such period includes more than ten (10) normal collection days (weekdays), then the <br />following shall apply. <br />(a) The City Council may assess damages against the CONTRACTOR in an amount <br />which does not exceed the sum of the following: <br />25P-40 <br />