Performance Standards and Liquidated Damages. 2076 A. General. The Parties find that as of the time of the execution of this Agreement, it is impractical, 2077 if not impossible, to reasonably ascertain the extent of damages which shall be incurred by County 2078 as a result of a breach by Contractor of its obligations under this Agreement. The factors relating 2079 to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) 2080 substantial damage results to members of the public who are denied services or denied quality or 2081 reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of 2082 the benefits of the Agreement to individual members of the general public for whose benefit this 2083 Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of 2084 measurement in precise monetary terms; (iii) that exclusive services might be available at 2085 substantially lower costs than alternative services and the monetary loss resulting from denial of 2086 services or denial of quality or reliable services is impossible to calculate in precise monetary 2087 terms; and, (iv) the termination of this Agreement for such breaches, and other remedies are, at 2088 best, a means of future correction and not remedies which make the public whole for past 2089 breaches. 2090 B. Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The Parties 2091 further acknowledge that consistent, reliable Collection services are of utmost importance to 2092 County and that County has considered and relied on Contractor's representations regarding its 2093 quality-of-service commitment in awarding the Agreement to it. The Parties recognize that some 2094 quantified standards of performance are necessary and appropriate to ensure consistent and 2095 reliable service and performance. The Parties further recognize that if Contractor fails to achieve 2096 the performance standards or fails to submit required documents in a timely manner, County and 2097 its residents and businesses will suffer damages, and that it is, and will be, impractical and 2098 extremely difficult to ascertain and determine the exact amount of damages which County will 2099 suffer. Therefore, without prejudice to County’s right to treat such non-performance as an event 2100 of default under this Section, the Parties agree that the Liquidated Damages amounts established 2101 in Exhibit F of this Agreement and the Liqui...
Performance Standards and Liquidated Damages.
1. The Recipient shall comply with all requirements and performance standards set forth in this Agreement.
2. The Agency’s Agreement Manager will monitor the Recipient’s performance in accordance with the monitoring requirements of the Agreement and may determine the level of sanction based upon an evaluation of the severity of the deficiency. Failure by the Recipient to meet the established minimum performance standards may result in the Agency, in its sole discretion, finding the Recipient to be out of compliance, and all remedies provided in this Agreement and under law, shall become available to the Agency.
3. If it is determined that the Recipient used grant funds to render services to patients that are not uninsured or underinsured or who’s insurer does not cover these services, the Agency reserves the right to recoup funds from the Recipient.
4. If the Agency finds the Recipient is in violation of the provisions of this Agreement, the Agency, at its discretion, may impose liquidated damages. Liquidated damages may be applied to all required components of this Agreement.
5. The Agency may impose liquidated damages as identified in this Agreement when the Recipient has failed to meet a deadline or provide a deliverable as specified in this Agreement.
6. The Agency may impose up to a one percent (1%) reduction of the total, monthly invoice amount for each incident in which the Recipient has failed to perform as specified in this Agreement, not to exceed five percent (5%) per month.
7. The Agency may impose upon the Recipient liquidated damages of $500.00 to $5,000.00, per incident, per occurrence, depending upon the severity, if the Recipient inappropriately releases protected health information (PHI). The Agency will impose upon the Recipient liquidated damages of $500.00 to $5,000.00, per incident, per occurrence, depending upon the severity, if the Recipient violates provisions of the Health Insurance Portability and Accountability (HIPAA)/Health Information Technology for Economic and Clinical Health (HITECH) Act. In addition, Federal penalties may apply in accordance with the HIPAA Act of 1996.
8. The Agency, at its discretion, reserves the right to impose liquidated damages upon the Recipient for failure to comply with the performance standards requirements set forth in Table 1, Performance Standards and Liquidated Damages, below.
Performance Standards and Liquidated Damages. Performance Standard Requirement Liquidated Damages to be Imposed
Performance Standards and Liquidated Damages. To ensure proper performance of this MOU, FACT will monitor, evaluate, and provide guidance to the VENDOR in the performance of this MOU.
a. Performance Standards will be enforced monthly, beginning immediately upon start of service.
1. On time performance: If the vehicle arrives 15 minutes past the schedule pick-up time, the trip is considered to be “Late”. If the vehicle is 16-30 minutes past the pick-
2. Customer Service: Complaints should be promptly reported to FACT and responded to within 7 days of receipt. A complaint which has not been addressed within 7 days will be deemed an “Unresolved complaint”.
Performance Standards and Liquidated Damages. The definitive agreement will provide for performance standards associated with the collection and post-collection services to be provided by Republic. The performance standards will consider both effort (e.g. number of meetings with customers to offer new programs) and results (e.g. tons of material recycled). The Authority recognizes that Republic will have greater control over the effort on certain programs and greater control over the results on others. As such, the performance standards for each program will be established based on Republic’s ability to control the results. The parties agree to establish effort-based performance standards for the weekly recycling and organics collection program and the source separated commercial organics program. The parties agree to establish results-based performance standards for the commercial dry routing and mixed C&D processing programs. The parties agree that the definitive agreement will also include liquidated damages that may be assessed, at the discretion of the Authority and/or Member Agencies, after written notice to Republic and an opportunity for Republic to cure, in the event that Republic: 1) fails to implement a program; 2) fails to perform specified services required under the agreement; 3) performs the specified service under the agreement in a manner inconsistent with the requirements of the agreement, or applicable law; or, 4) fails to achieve the performance standards defined for each program. These liquidated damages shall be in addition to any other remedy the Authority and/or Member Agencies may have, which may include, but are not necessarily limited to: a determination of breach of contract, termination of the agreement, or litigation.
Performance Standards and Liquidated Damages
