Performance Hearing Clause Samples
A Performance Hearing clause establishes a formal process for reviewing a party's performance under a contract, typically when there are concerns about whether obligations are being met. This clause outlines the procedures for convening a hearing, such as who may request it, how notice is given, and what evidence or documentation may be presented. Its core practical function is to provide a structured opportunity for parties to address and resolve performance issues before resorting to more severe remedies like termination or litigation, thereby promoting transparency and dispute resolution.
Performance Hearing. A. The City maintains the right to hold a public hearing at any time, not more than once each year, at which the Franchisee shall be present and shall participate, to review Franchisees services and performance. The purpose of the hearing shall be, in part, to provide for a discussion and review of technological, economic, and regulatory changes and quality of service provided to date. The goal of the performance hearing is to strive for an ever-advancing Discarded Materials management system, and to ensure services are provided with adequate quality, efficiency, and economy.
1. Changes recommended and/or new services to improve City’s ability to meet the goals of AB 939, SB 1383, and other Applicable Laws, and to contain costs and minimize impacts on rates; and
2. Any specific plans for provision of changed or new services by Franchisee.
B. The reports required by this Agreement regarding Customer Complaints shall be used as one basis for review. Franchisee may submit other relevant performance information and reports for consideration. City may request Franchisee submit specific information for the hearing. In addition, any Customer may submit comments or Complaints during or before the hearing, either orally or in writing, and these shall be considered.
C. Topics for discussion and review at the performance review hearing shall include, but shall not be limited to, quality and adequacy of services provided, feasibility of providing new services, application of new technologies, Customer Complaints, amendments to this Agreement, developments in the law, new initiatives for meeting or exceeding SB 1383 and AB 939’s goals, regulatory constraints, and Franchisee performance. City and Franchisee may each select additional topics for discussion at any performance review hearing.
D. Not later than sixty (60) days after the conclusion of each performance review hearing, City may issue a report. As a result of the review, City may request Franchisee to provide expanded or new services. Franchisee shall present, within thirty (30) days of a request to do so by City, a proposal to provide additional or expanded Diversion services. The proposal shall contain a complete description of the following:
1. Collection methodology to be employed (equipment, workforce, etc.).
2. Equipment to be utilized (vehicle number, types, capacity, age, etc.).
3. Labor requirements (number of employees by classification).
4. Type of Containers to be utilized.
5. Provision for program ...
Performance Hearing. Deleted: Contractor Deleted: Contractor
Performance Hearing. The City maintains the right to hold a public hearing at any time, not more than once each year, at which the Franchisee shall be present and shall participate, to review its services and performance. The purpose of the hearing is to provide for a discussion and review of technological, economic, and regulatory changes in order to achieve a continuing, advanced Solid Waste management system; and to ensure customer service quality and any other areas that may be addressed regarding services are being provided with adequate quality, efficiency and economy. Sixty (60) calendar days after receiving notice from City of a Performance Hearing, Franchisee shall, at a minimum, submit a report to City indicating (1) changes recommended and/or new services to improve City's ability to meet the goals of AB 939 and to contain costs and minimize impacts on rates; and (2) any specific plans for provision of changed or new services by Franchisee.
Performance Hearing. 2.3.1 A hearing must be convened if it is clear that, despite counselling, the employee continues to perform unsatisfactorily.
2.3.2 The employee should be given notice of the hearing at least forty-eight
Performance Hearing. Deleted: solid waste
A. The City maintains the right to hold a public hearing at any time, not more than once each year, at which the Franchisee shall be present and shall participate, to review Franchisees services and performance. The purpose of the hearing shall be, in part, to provide for a discussion and review of technological, economic and regulatory changes and quality of service provided to date. The goal of the performance hearing is to strive for an ever- advancing Solid Waste management system, and to ensure services are provided with adequate quality, efficiency and economy. Sixty (60) days after receiving notice from City of a performance review hearing, Franchisee shall, at a minimum, submit a report to City indicating the following:
1. Changes recommended and/or new services to improve City’s ability to meet the goals of AB 939, SB 1383, and other Applicable Law, and to contain costs and minimize impacts on rates; and
2. Any specific plans for provision of changed or new services by Franchisee.
Performance Hearing. 1509 If the CCCSWA conducts a performance review pursuant to Article 8, the CCCSWA may, at its sole discretion, hold a 1510 public hearing (no more than once per year) to further review Contractor’s Services and performance. 1511 Performance review hearings may be scheduled by CCCSWA at any time deemed appropriate by CCCSWA. The 1512 Contractor shall be present and shall participate in the hearing. The purpose of the hearing is to provide for a 1513 discussion and review of technological, economic, and regulatory changes in order to achieve a continuing, 1514 advanced Transfer, Transport, Processing, and Diversion services; to ensure Services are being provided with 1515 adequate quality, effectiveness, and economy; to ensure the Contractor’s level of cooperation with Franchised 1516 Collector is resulting in productive and efficient Services; and to ensure acceptable Diversion and Residue levels. 1517 Topics for discussion and review at the performance review hearing shall include, but shall not be limited to, 1518 Services provided, feasibility of providing new services, application of new technologies, amendments to this 1519 Agreement, developments in the law, new initiatives for meeting or exceeding AB 939 and AB 341 goals and the 1520 CCCSWA Board’s goals, regulatory constraints, and Contractor’s compliance with requirements of the Agreement 1521 and its performance. CCCSWA and Contractor may each select additional topics for discussion at any performance 1522 review hearing. 1523 At CCCSWA request, Contractor shall, at a minimum, submit a report to CCCSWA indicating the following:
1524 A. Changes recommended and/or new services to improve CCCSWA's ability to continue to meet or exceed the 1525 goals of AB 939, AB 341, and the CCCSWA Board and to contain costs and maximize Recyclable Materials 1526 revenue and Diversion.
1527 B. Any specific plans for provision of changed or new services by Contractor. 1528 Contractor may submit relevant performance information and reports for consideration. CCCSWA may request 1529 Contractor to submit additional specific information for the hearing. In addition, any Person may submit comments 1530 or complaints during or before the hearing, either orally or in writing, and these shall be considered. 1531 Not later than sixty (60) Days after the conclusion of each performance hearing, CCCSWA may issue a report. As a 1532 result of the review, CCCSWA may require Contractor to provide expanded or new services within a ...