Should the Contractor fail to perform in accordance with the provisions of this agreement and/or refuse to pay any liquidated damages upon receipt of invoice from the City, the City shall, in addition to the amounts provided in other provisions of the agreement, be entitled to claim against the performance bond of the Contractor as provided in Section 17-39, or deduct from the next regularly scheduled payment to the Contractor, the following amounts, not as a penalty, but as liquidated damages for such breach of contract:
Unsatisfactorily resolved complaints over 15 per month.
$20.00 each case
Failure to clean up spillage promptly from vehicle or after having emptied containers, whether of private or public streets, alley, etc.
$25.00 each case
Failure to clean vehicles or change container as requested by customer.
$25.00 each vehicle or container
Failure to keep vehicles closed or covered
$25.00 each vehicle
Load vehicles left standing on the street unnecessarily
$25.00 each vehicle
Failure to maintain schedule established and given as a requirement of this contract, in writing to the public and to the City.
$250.00 per violation of route schedule
If Contractor disputes an assessment of liquidated damages, it shall notify the City Manager within 10 days of such an assessment and provide the basis for its dispute in writing. The City Manager shall review the decision and make a determination. If Contractor disagrees with the City Manager, it may appeal the assessment to the City Commission. If it is determined that the liquidated damages was improperly assessed, the City will compensate Contractor for any such amount that may have been withheld by the city from prior payments.
