Common use of Determination and Payment of Liquidated Damages Clause in Contracts

Determination and Payment of Liquidated Damages. In accordance with the 3557 requirements of Sections 14.07 and 11.07.D, Contractor shall provide with its annual 3558 report, a report that identifies any non-compliance with the performance standards 3559 listed in Attachment J and includes calculation of the Liquidated Damages due. This 3560 report shall be accompanied by supporting documentation identifying Contractor’s 3561 compliance or non-compliance with the specified performance standards. The report 3562 submittal shall be accompanied by a check from Contractor in the amount of the 3563 Liquidated Damages due (per Contractor’s calculation and self-reporting) for the 3564 reporting period. 3565 G. Determination and Payment of Performance Incentives and Disincentives. In 3566 accordance with the requirements of Section 11.07, Contractor shall provide with its 3567 annual report, a report that identifies any non-compliance with the performance 3568 standards listed in Attachment I and includes calculation of the performance incentive 3569 payments and disincentive assessments due. Performance Incentives (in the form of 3570 increased compensation to Contractor) will be awarded by Agency for excellent 3571 performance on aspects of Solid Waste diversion, Collection service delivery and 3572 customer service as specified in Attachment I. Performance disincentives will be 3573 assessed by Agency for substandard performance on aspects of Solid Waste 3574 diversion, Collection service delivery and customer service specified in Attachment I. 3575 Payment related to performance incentives and disincentives are to be included in 3576 Contractor’s annual Rate Application and Contractor’s Compensation for the next 3577 Rate Year will be increased or decreased by the net amount of performance incentive 3578 payments and disincentive assessments calculated. performance incentives and 3579 disincentives shall be calculated as specified in Attachment I. 3580 9.08 REQUIRED SPECIFIC REPORTING 3581 Event-specific reports shall be submitted following the occurrence of the event as 3582 described in this Section. 3583 A. Report of Accumulated Solid Waste; Unauthorized Dumping. As required by 3584 Section 7.07, Contractor shall report: (i) the addresses of any Premises at which the 3585 driver observes that Solid Waste, Targeted Recyclable Materials, and/or Organic 3586 Materials is accumulating; and (ii) the address, or other location description, at which 3587 Solid Waste, Targeted Recyclable Materials, and/or Organic Materials has been 3588 dumped in an apparently unauthorized manner. The report shall be delivered to the 3589 Agency within one (1) Business Day of such observation or the Contractor can report 3590 utilizing the Agency web based software for internal reporting. 3591 B. Hazardous Waste. As required by Section 8.07, the Contractor shall notify the 3592 Agency of any Hazardous Waste identified in Containers or left at any Premises within 3593 twenty-four (24) hours of identification of such material.

Determination and Payment of Liquidated Damages. In accordance with the 3557 3509 requirements of Sections 14.07 and 11.07.D, Contractor shall provide with its annual 3558 3510 report, a report that identifies any non-compliance with the performance standards 3559 3511 listed in Attachment J and includes calculation of the Liquidated Damages due. This 3560 3512 report shall be accompanied by supporting documentation identifying Contractor’s 3561 3513 compliance or non-compliance with the specified performance standards. The report 3562 3514 submittal shall be accompanied by a check from Contractor in the amount of the 3563 3515 Liquidated Damages due (per Contractor’s calculation and self-reporting) for the 3564 3516 reporting period. 3565 3517 G. Determination and Payment of Performance Incentives and Disincentives. In 3566 3518 accordance with the requirements of Section 11.07, Contractor shall provide with its 3567 3519 annual report, a report that identifies any non-compliance with the performance 3568 3520 standards listed in Attachment I and includes calculation of the performance incentive 3569 3521 payments and disincentive assessments due. Performance Incentives (in the form of 3570 3522 increased compensation to Contractor) will be awarded by Agency for excellent 3571 3523 performance on aspects of Solid Waste diversion, Collection service delivery and 3572 3524 customer service as specified in Attachment I. Performance disincentives will be 3573 3525 assessed by Agency for substandard performance on aspects of Solid Waste 3574 3526 diversion, Collection service delivery and customer service specified in Attachment I. 3575 3527 Payment related to performance incentives and disincentives are to be included in 3576 3528 Contractor’s annual Rate Application and Contractor’s Compensation for the next 3577 3529 Rate Year will be increased or decreased by the net amount of performance incentive 3578 3530 payments and disincentive assessments calculated. performance incentives and 3579 3531 disincentives shall be calculated as specified in Attachment I. 3580 9.08 3532 9.08‌ REQUIRED SPECIFIC REPORTING 3581 3533 Event-specific reports shall be submitted following the occurrence of the event as 3582 3534 described in this Section. 3583 3535 A. Report of Accumulated Solid Waste; Unauthorized Dumping. As required by 3584 3536 Section 7.07, Contractor shall report: (i) the addresses of any Premises at which the 3585 3537 driver observes that Solid Waste, Targeted Recyclable Materials, and/or Organic 3586 3538 Materials is accumulating; and (ii) the address, or other location description, at which 3587 3539 Solid Waste, Targeted Recyclable Materials, and/or Organic Materials has been 3588 3540 dumped in an apparently unauthorized manner. The report shall be delivered to the 3589 3541 Agency within one (1) Business Day of such observation or the Contractor can report 3590 utilizing the Agency web based software for internal reportingobservation. 3591 3542 B. Hazardous Waste. As required by Section 8.07, the Contractor shall notify the 3592 3543 Agency of any Hazardous Waste identified in Containers or left at any Premises within 3593 3544 twenty-four (24) hours of identification of such material.

Determination and Payment of Liquidated Damages. In accordance with the 3557 3533 requirements of Sections 14.07 and 11.07.D, Contractor shall provide with its annual 3558 3534 report, a report that identifies any non-compliance with the performance standards 3559 3535 listed in Attachment J and includes calculation of the Liquidated Damages due. This 3560 3536 report shall be accompanied by supporting documentation identifying Contractor’s 3561 3537 compliance or non-compliance with the specified performance standards. The report 3562 3538 submittal shall be accompanied by a check from Contractor in the amount of the 3563 3539 Liquidated Damages due (per Contractor’s calculation and self-reporting) for the 3564 3540 reporting period. 3565 3541 G. Determination and Payment of Performance Incentives and Disincentives. In 3566 accordance with the requirements of Section 11.07, 3542 Contractor shall provide with its 3567 annual report, a report that identifies any non-non- 3543 compliance with the performance 3568 standards listed in Attachment I and includes 3544 calculation of the performance incentive 3569 payments and disincentive assessments 3545 due. Performance Incentives (in the form of 3570 increased compensation to Contractor) 3546 will be awarded by Agency for excellent 3571 performance on aspects of Solid Waste 3547 diversion, Collection service delivery and customer service as specified in Attachment 3548 I. Performance disincentives will be assessed by Agency for substandard 3549 performance on aspects of Solid Waste diversion, Collection service delivery and 3572 customer service as specified in Attachment I. Performance disincentives will be 3573 assessed by Agency for substandard performance on aspects of Solid Waste 3574 diversion, Collection service delivery and 3550 customer service specified in Attachment I. 3575 3551 Payment related to performance incentives and disincentives are to be included in 3576 3552 Contractor’s annual Rate Application and Contractor’s Compensation for the next 3577 3553 Rate Year will be increased or decreased by the net amount of performance incentive 3578 3554 payments and disincentive assessments calculated. performance Performance incentives and 3579 3555 disincentives shall be calculated as specified in Attachment I. 3580 3556 9.08 REQUIRED SPECIFIC REPORTING 3581 3557 Event-specific reports shall be submitted following the occurrence of the event as 3582 3558 described in this Section. 3583 3559 A. Report of Accumulated Solid Waste; Unauthorized Dumping. As required by 3584 3560 Section 7.07, Contractor shall report: (i) the addresses of any Premises at which the 3585 3561 driver observes that Solid Waste, Targeted Recyclable Materials, and/or Organic 3586 3562 Materials is accumulating; and (ii) the address, or other location description, at which 3587 3563 Solid Waste, Targeted Recyclable Materials, and/or Organic Materials has been 3588 3564 dumped in an apparently unauthorized manner. The report shall be delivered to the 3589 3565 Agency within one (1) Business Day of such observation or the Contractor can report 3590 utilizing the Agency web based software for internal reportingobservation. 3591 3566 B. Hazardous Waste. As required by Section 8.07, the Contractor shall notify the 3592 3567 Agency of any Hazardous Waste identified in Containers or left at any Premises within 3593 3568 twenty-four (24) hours of identification of such material. 3569 C. Reporting Adverse Information. Contractor shall provide Agency two (2) copies 3570 (one (1) to the Agency Manager, one (1) to the Agency Attorney) of all reports, 3571 pleadings, applications, notifications, Notices of Violation, communications or other 3572 material relating specifically to Contractor’s performance of services pursuant to this 3573 Agreement, submitted by Contractor to, or received by Contractor from, the United 3574 States or California Environmental Protection Agency, the California Department of 3575 Resources Recycling and Recovery (CalRecycle), the Securities and Exchange 3576 Commission or any other federal, State, County, or local agency, including any 3577 federal or State court. Copies shall be submitted to Agency simultaneously with 3578 Contractor’s filing or submission of such matters with said agencies. Contractor’s 3579 routine correspondence to said agencies need not be submitted to Agency, but shall 3580 be made available to Agency promptly upon Agency’s written request. 3581 9.09 UPON-REQUEST REPORTING 3582 A. Holiday Tree Services. Within ten (10) Business Days of Agency’s request, 3583 Contractor shall report the Tonnage of Holiday Trees Collected at the Drop Box sites 3584 or at drop-off sites (if drop-off sites were established).

Determination and Payment of Liquidated Damages. In accordance with the 3557 3536 requirements of Sections 14.07 and 11.07.D, Contractor shall provide with its annual 3558 3537 report, a report that identifies any non-compliance with the performance standards 3559 3538 listed in Attachment J and includes calculation of the Liquidated Damages due. This 3560 3539 report shall be accompanied by supporting documentation identifying Contractor’s 3561 3540 compliance or non-compliance with the specified performance standards. The report 3562 3541 submittal shall be accompanied by a check from Contractor in the amount of the 3563 Franchise Agreement for Collection Services with Recology San Mateo County Page 85 of 120 Model Agreement for Adaptation by Member Agencies 3542 Liquidated Damages due (per Contractor’s calculation and self-reporting) for the 3564 3543 reporting period. 3565 3544 G. Determination and Payment of Performance Incentives and Disincentives. In 3566 3545 accordance with the requirements of Section 11.07, Contractor shall provide with its 3567 3546 annual report, a report that identifies any non-compliance with the performance 3568 3547 standards listed in Attachment I and includes calculation of the performance incentive 3569 3548 payments and disincentive assessments due. Performance Incentives (in the form of 3570 3549 increased compensation to Contractor) will be awarded by Agency for excellent 3571 3550 performance on aspects of Solid Waste diversion, Collection service delivery and 3572 3551 customer service as specified in Attachment I. Performance disincentives will be 3573 3552 assessed by Agency for substandard performance on aspects of Solid Waste 3574 3553 diversion, Collection service delivery and customer service specified in Attachment I. 3575 3554 Payment related to performance incentives and disincentives are to be included in 3576 3555 Contractor’s annual Rate Application and Contractor’s Compensation for the next 3577 3556 Rate Year will be increased or decreased by the net amount of performance incentive 3578 3557 payments and disincentive assessments calculated. performance incentives and 3579 3558 disincentives shall be calculated as specified in Attachment I. 3580 9.08 3559 9.08‌ REQUIRED SPECIFIC REPORTING 3581 3560 Event-specific reports shall be submitted following the occurrence of the event as 3582 3561 described in this Section. 3583 3562 A. Report of Accumulated Solid Waste; Unauthorized Dumping. As required by 3584 3563 Section 7.07, Contractor shall report: (i) the addresses of any Premises at which the 3585 3564 driver observes that Solid Waste, Targeted Recyclable Materials, and/or Organic 3586 3565 Materials is accumulating; and (ii) the address, or other location description, at which 3587 3566 Solid Waste, Targeted Recyclable Materials, and/or Organic Materials has been 3588 3567 dumped in an apparently unauthorized manner. The report shall be delivered to the 3589 3568 Agency within one (1) Business Day of such observation or the Contractor can report 3590 utilizing the Agency web based software for internal reportingobservation. 3591 3569 B. Hazardous Waste. As required by Section 8.07, the Contractor shall notify the 3592 3570 Agency of any Hazardous Waste identified in Containers or left at any Premises within 3593 3571 twenty-four (24) hours of identification of such material.