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Agreement forAgreement <br />The Contract Manager shall file a complaint with the Contractor for any missed pick-ups and the <br />contractor shall resolve these within 48 hours otherwise subject to the administrative charges below. <br />12.02 Administrative Charges <br />C. The Contract Manager shall notify the Contractor in writing by the tenth (10) Day of the month of the <br />SWDD's intent to deduct any administrative charges, including the basis for each administrative charge, <br />from payments due or to become due to the Contractor for service provided under this Agreement. <br />D. In the event the Contractor wishes to contest such monthly assessment, the Contractor must do so <br />within ten (10) Days of issuance of each assessment notification by requesting, in writing, a meeting <br />with the Contract Manager to resolve the issue. Following such a meeting, the Contract Manager shall <br />notify the Contractor in writing of any action taken with respect to the Contractor's claims. Contractor <br />may further appeal, in writing, the decision of the Contract Manager to the County Administrator, who <br />shall conduct a review of all of the facts and circumstances, and make a determination in writing. The <br />County Administrator's decision shall be final and conclusive unless determined by a court of competent <br />jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, <br />or not supported by competent evidence. <br />E. The Contract Manager may assess the following administrative charges pursuant to this Article on a <br />monthly basis in connection with the Agreement: <br />Performance Standard Violation <br />Liquidated Damages <br />Failure to deliver materials to a Designated Facility. <br />1st occurrence = $1,000 <br />2nd occurrence = $5,000 <br />3'd+ occurrences = $10,000 <br />Failure to resolve missed pickups <br />$100 per unresolved missed pickup <br />Page 8 of 13 <br />