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

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

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

Determination and Payment of Liquidated Damages. In accordance with the 3536 3509 requirements of Sections 14.07 and 11.07.D, Contractor shall provide with its annual 3537 3510 report, a report that identifies any non-compliance with the performance standards 3538 3511 listed in Attachment J and includes calculation of the Liquidated Damages due. This 3539 3512 report shall be accompanied by supporting documentation identifying Contractor’s 3540 3513 compliance or non-compliance with the specified performance standards. The report 3541 3514 submittal shall be accompanied by a check from Contractor in the amount of the Franchise Agreement for Collection Services with Recology San Mateo County Page 85 of 120 3542 3515 Liquidated Damages due (per Contractor’s calculation and self-reporting) for the 3543 3516 reporting period. 3544 3517 G. Determination and Payment of Performance Incentives and Disincentives. In 3545 3518 accordance with the requirements of Section 11.07, Contractor shall provide with its 3546 3519 annual report, a report that identifies any non-compliance with the performance 3547 3520 standards listed in Attachment I and includes calculation of the performance incentive 3548 3521 payments and disincentive assessments due. Performance Incentives (in the form of 3549 3522 increased compensation to Contractor) will be awarded by Agency for excellent 3550 3523 performance on aspects of Solid Waste diversion, Collection service delivery and 3551 3524 customer service as specified in Attachment I. Performance disincentives will be 3552 3525 assessed by Agency for substandard performance on aspects of Solid Waste 3553 3526 diversion, Collection service delivery and customer service specified in Attachment I. 3554 3527 Payment related to performance incentives and disincentives are to be included in 3555 3528 Contractor’s annual Rate Application and Contractor’s Compensation for the next 3556 3529 Rate Year will be increased or decreased by the net amount of performance incentive 3557 3530 payments and disincentive assessments calculated. performance incentives and 3558 3531 disincentives shall be calculated as specified in Attachment I. 3559 3532 9.08‌ REQUIRED SPECIFIC REPORTING 3560 3533 Event-specific reports shall be submitted following the occurrence of the event as 3561 3534 described in this Section. 3562 3535 A. Report of Accumulated Solid Waste; Unauthorized Dumping. As required by 3563 3536 Section 7.07, Contractor shall report: (i) the addresses of any Premises at which the 3564 3537 driver observes that Solid Waste, Targeted Recyclable Materials, and/or Organic 3565 3538 Materials is accumulating; and (ii) the address, or other location description, at which 3566 3539 Solid Waste, Targeted Recyclable Materials, and/or Organic Materials has been 3567 3540 dumped in an apparently unauthorized manner. The report shall be delivered to the 3568 3541 Agency within one (1) Business Day of such observation. 3569 3542 B. Hazardous Waste. As required by Section 8.07, the Contractor shall notify the 3570 3543 Agency of any Hazardous Waste identified in Containers or left at any Premises within 3571 3544 twenty-four (24) hours of identification of such material.

Determination and Payment of Liquidated Damages. In accordance with the 3536 3533 requirements of Sections 14.07 and 11.07.D, Contractor shall provide with its annual 3537 3534 report, a report that identifies any non-compliance with the performance standards 3538 3535 listed in Attachment J and includes calculation of the Liquidated Damages due. This 3539 3536 report shall be accompanied by supporting documentation identifying Contractor’s 3540 3537 compliance or non-compliance with the specified performance standards. The report 3541 3538 submittal shall be accompanied by a check from Contractor in the amount of the Franchise Agreement for Collection Services with Recology San Mateo County Page 85 of 120 3542 3539 Liquidated Damages due (per Contractor’s calculation and self-reporting) for the 3543 3540 reporting period. 3544 3541 G. Determination and Payment of Performance Incentives and Disincentives. In 3545 accordance with the requirements of Section 11.07, 3542 Contractor shall provide with its 3546 annual report, a report that identifies any non-non- 3543 compliance with the performance 3547 standards listed in Attachment I and includes 3544 calculation of the performance incentive 3548 payments and disincentive assessments 3545 due. Performance Incentives (in the form of 3549 increased compensation to Contractor) 3546 will be awarded by Agency for excellent 3550 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 3551 customer service as specified in Attachment I. Performance disincentives will be 3552 assessed by Agency for substandard performance on aspects of Solid Waste 3553 diversion, Collection service delivery and 3550 customer service specified in Attachment I. 3554 3551 Payment related to performance incentives and disincentives are to be included in 3555 3552 Contractor’s annual Rate Application and Contractor’s Compensation for the next 3556 3553 Rate Year will be increased or decreased by the net amount of performance incentive 3557 3554 payments and disincentive assessments calculated. performance Performance incentives and 3558 3555 disincentives shall be calculated as specified in Attachment I. 3559 9.08‌ 3556 9.08 REQUIRED SPECIFIC REPORTING 3560 3557 Event-specific reports shall be submitted following the occurrence of the event as 3561 3558 described in this Section. 3562 3559 A. Report of Accumulated Solid Waste; Unauthorized Dumping. As required by 3563 3560 Section 7.07, Contractor shall report: (i) the addresses of any Premises at which the 3564 3561 driver observes that Solid Waste, Targeted Recyclable Materials, and/or Organic 3565 3562 Materials is accumulating; and (ii) the address, or other location description, at which 3566 3563 Solid Waste, Targeted Recyclable Materials, and/or Organic Materials has been 3567 3564 dumped in an apparently unauthorized manner. The report shall be delivered to the 3568 3565 Agency within one (1) Business Day of such observation. 3569 3566 B. Hazardous Waste. As required by Section 8.07, the Contractor shall notify the 3570 3567 Agency of any Hazardous Waste identified in Containers or left at any Premises within 3571 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).