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Consumer Price Index for All Urban Consumers (CPI-U) 1982-84=100. This change <br />shall be based on the most recent 12-month period available. <br />16. Failure to Perform: The City expects high levels of customer and collection service. <br />Performance failures will be discol~raged, to the e:~ctent possible, through penalties for <br />certain infractions and through default for more serious lapses in service provisions. <br />17. Penalties: Penalties will be levied if documented in an incident report presented by the <br />City to the Contractor. Penalties will be deducted from the monthly payment made by the <br />City to the Contractor. Disagreements will be subject to the review and resolution <br />procedures as agreed upon by the parties. <br />Action or Omission Penalties <br />Commencement of residential collection prior to $100 :per incident (each truck on each route <br />7:00 a.m. or continuance after 5:00 p.m. except as is a separate incident). <br />ex ressl ern~itted. <br />Failure to collect spilled materials that the Twice; the cost of cleanup to the City plus <br />Contractor could have reasonably prevented from $1,000 each incident <br />spilling or that the Contractor has knowledge of <br />or has been notified of. <br />Leakage from Contractor vehicles or vehicle $500 each vehicle, each inspection <br />contents. <br />Failure to collect any and all refuse, recyclable $250 each incident. <br />materials and yard debris within one business day <br />after notification, except in those circumstances <br />addressed by Section 26, Force Majeure, of this <br />Agreement. This does not include materials left <br />because resident failed to make payment <br />arrangements for bulky items or failed to use <br />refuse stickers for bags of refuse outside of carts. <br />Contractor's "Not-Out" report which is generated <br />on route and time-stamped shall be a defense in <br />cases of re orted failures to make collections. <br />Collection from residential premises on other $50 per structure <br />than the day specified excluding inclement: <br />weather, holiday schedule or Force Majeur•e as set <br />forth in Section 26. <br />Collection as refuse of properly source-separated $1,000 per incident <br />recyclin . <br />Misrepresentation by Contractor in records or $1,500 per incident <br />re orting. <br />Failure to license collection vehicles with $250 per vehicle per occurrence <br />Boulder County <br />The above table is not an exclusive list of the acts or omissions for which a penalty may <br />be assessed. The City has the right to exercise an.y and all remedies it may have with <br />respect to these and other violations of City codes, laws, rules and regulations and <br />breaches of this Agreement. Any schedule of penalties shall not affect the City's ability to <br />terminate the Agreement for breach. <br />6 <br />