NON-PERFORMANCE DAMAGES Clause Samples
NON-PERFORMANCE DAMAGES. Whenever the successful Proposer fails to comply with the specifications as outlined herein in the performance of the contract, the successful Proposer shall be subject to the following liquidated damages. The following listing is illustrative in nature and should not be considered as the comprehensive set of incidents.
1. Failure to ensure that drivers have a current valid state school bus operator’s license while operating District routes. $5,000/occurrence
2. Failure to maintain sufficient number of sub drivers. $150/day
3. Failure to provide minimum number of in-service training hours for drivers and attendant/monitors per NYSED requirements. $100/ occurrence
4. Failure to maintain bus attendant/monitor as directed on routes. $150/incident
5. Failure to maintain maximum fleet age of 7 years. $500/day
6. Failure to maintain a 10% standby for school buses $500/day
7. Failure to maintain operational video camera system on all buses. $150/ occurrence
8. Failure to provide copies of video within 4 hours of request for violent incidents, and within 24 hours of request for all other incidents. $100/ occurrence
9. Failure to maintain radio communication system on buses. $100/ occurrence
10. Failure to maintain driver and vehicle information. $100/ occurrence
11. Failure to report late buses as required. $200/ incident 12. Failure to staff terminal office during required time frame. $100/day 13. Failure to report accidents and incidents as required. $150/ incident
NON-PERFORMANCE DAMAGES. The School District and Contractor agree that the School District may, in its discretion, assess non-performance damages in the event that financial remedies are needed to ensure a high-quality transportation service. It is not the School District’s intention, nor desire, to utilize this option unless it is deemed necessary. Prior to the implementation of any penalty, the School District will attempt to provide notice to Contractor to determine if there are any mitigating circumstances that have caused the service issue that might lead to the issuance of a penalty. Notice need not be provided for repeat occurrences.
NON-PERFORMANCE DAMAGES. The DISTRICT and the VENDOR agree that the DISTRICT may, in its discretion, assess non-performance damages in the event that financial remedies are needed to ensure a high-quality transportation service. It is not the DISTRICT’S intention, nor desire, to utilize this option unless it is deemed necessary. Prior to the implementation of any penalty, the DISTRICT will attempt to provide notice to the VENDOR to determine if there are any mitigating circumstances that have caused the service issue that might lead to the issuance of a penalty. Notice need not be provided for repeat occurrences.
NON-PERFORMANCE DAMAGES. The District has included non-performance damages in the event that financial remedies are needed to ensure a high-quality transportation service. It is not the District’s intention, or desire, to utilize this option unless it is deemed necessary. Prior to the implementation of any penalty, the District shall attempt to meet with the Contractor to determine if there are any mitigating circumstances that have caused the service issue that might lead to the issuance of a penalty. The Contractor and the District shall have a grace period of three (3) weeks from the start of school to work out route deficiencies due to unexpected, overcrowded or underutilized buses. The Contractor and District shall have time to combine, separate, or change routes due to inadequate time factors. In view of the difficulty the District shall suffer by reason of defaults on the part of the Contractor, the following sums are hereby agreed upon and shall be deemed damages for breach of this Contract:
A. If at any time the Contractor does not provide the required number of buses, drivers or monitors necessary to meet the requirement for transportation services under the Contract, the District may eliminate any payment for that vehicle for that day, plus $50.00.
B. This Contract envisions a quality transportation program where the Contractor promptly acknowledges communication from the District and proposes solutions to operating problems in a timely fashion. When an operating problem is communicated by the District to the Contractor, the Contractor shall promptly acknowledge receipt of the communication. When the operating problem is within the sole and exclusive responsibility of the Contractor, the Contractor shall also promptly inform the District of the proposed solution and take any necessary corrective action. If the Contractor fails to acknowledge the District’s communication, or in the latter case, fails to propose a solution or take corrective action, the District shall communicate the problem in writing; whereupon, if the Contractor fails to timely acknowledge the written communication, or when the matter is within the sole and exclusive responsibility of the Contractor, also fails to propose a solution and take any necessary corrective action, the District reserves the right to assess a penalty of one hundred dollars ($100.00) for each subsequent unacknowledged communication regarding the same problem. This penalty shall be in addition to any other applicable penalties se...
NON-PERFORMANCE DAMAGES. The DISTRICT and the VENDOR agree that the DISTRICT may, in its discretion, assess non-performance damages in the event that financial remedies are needed to ensure a high-quality transportation service. It is not the DISTRICT’S intention, nor desire, to utilize this option unless it is deemed necessary. Prior to the implementation of any penalty, the DISTRICT will attempt to provide notice to the VENDOR to determine if there are any
NON-PERFORMANCE DAMAGES. Section 16.01. Contractor shall perform the Services at the levels of quality, completeness, accuracy, timeliness, responsiveness and efficiency that are consistent with the service levels set out in Exhibit D ( t h e “ D a t a D a s h b o a r d ” ) .
Section 16.02. In addition to the annual cost increase at risk under Section 16.01, the DISTRICT ma y subtract liquidated damages from CONTRA CTOR 's invoice in accordance with the provisions of Exhibit B.
NON-PERFORMANCE DAMAGES