Common use of Service Performance Standards; Liquidated Damages for Failure to Meet Standards Clause in Contracts

Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The Parties acknowledge that consistent, reliable Discarded Materials service is of utmost importance to City and that City has considered and relied on Contractor's representations as to its quality of service commitment in awarding the Agreement to it. The Parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The Parties further recognize that if Contractor fails to achieve the performance standards, comply with Complaint resolution criteria, or fails to submit required documents in a timely manner, City and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages that City will suffer. Therefore, without prejudice to City's right to treat such non-performance as an event of default under this Article 12, the Parties agree that the following Liquidated Damage amounts represent a reasonable estimate of the amount of such damages considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or inconvenient. Recognizing the importance of resolving any failure to meet the service performance standard, the City shall contact Contractor within two (2) days of any failing reported directly to the City. In addition Contractor agrees to meet with the City Manager within 2 days of a requested meeting to discuss the Contractor's performance. Contractor agrees to pay (as Liquidated Damages and not as a penalty) the amounts set forth below: Collection Reliability and Quality For each failure over five (5) annually to commence service to a new Customer account within seven (7) days after order: $150.00 For each failure over twenty-four (24) annually to Collect Discarded Materials, which as been properly set out for Collection, from an established Customer account on the scheduled Collection day and not Collected within 24 hours after notice of missed pick-up: $150.00 For each failure to Collect Discarded Materials, which have been properly set out for Collection, from the same Customer on two (2) consecutive scheduled pickup days: $150.00 For each occurrence over five (5) annually of damage to private property: $250.00 For each occurrence over ten (10) annually of discourteous behavior: $250.00 Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement For each failure over ten (10) annually to clean up Discarded Materials, spilled by Contractor from Containers: $150.00 For each occurrence over five (5) annually of Collecting Discarded Materials, during unauthorized hours: $250.00 For each failure to respond to a Customer Complaint within twenty-four (24) working hours: $100.00 Timeliness of Submissions to City REPORTS Any report shall be considered late until such time as City receives a correct and complete report. For each calendar day a report is late, the daily assessment shall be: Monthly Reports: For each infraction $25 per day Annual Reports: For each infraction $50 per day Violations: SB 1383 (New)

Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The Parties parties acknowledge that consistent, reliable Discarded Materials garbage, recycling and greenwaste service is of utmost importance to City District and that City District has considered and relied on ContractorFranchisee's representations as to its quality of service commitment in awarding the Agreement to it. The Parties parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The Parties parties further recognize that if Contractor Franchisee fails to achieve the performance standards, comply with Complaint complaint resolution criteria, or fails to submit required documents in a timely manner, City District and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages that City District will suffer. Therefore, without prejudice to CityDistrict's right to treat such non-performance as an event of default under this Article 1213, the Parties parties agree that the following Liquidated Damage liquidated damage amounts represent a reasonable estimate of the amount of such damages considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City District that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or inconvenient. Recognizing the importance of resolving any failure to meet the service performance standard, the City District shall contact Contractor Franchisee within two (2) days of any failing reported directly to the CityDistrict. In addition Contractor agrees to meet with the City Manager within 2 days of a requested meeting to discuss the Contractor's performance. Contractor Xxxxxxxxxx agrees to pay (as Liquidated Damages liquidated damages and not as a penalty) the amounts set forth below: Collection Reliability and Quality For each failure over five (5) annually to commence service to a new Customer account within seven (7) days after order: $150.00 For each failure over twenty-four (24) annually to Collect Discarded Materials, which as been properly set out for Collection, from an established Customer account on the scheduled Collection day and not Collected within 24 hours after notice of missed pick-up: $150.00 For each failure to Collect Discarded Materials, which have been properly set out for Collection, from the same Customer on two (2) consecutive scheduled pickup days: $150.00 For each occurrence over five (5) annually of damage to private property: $250.00 For each occurrence over ten (10) annually of discourteous behavior: $250.00 Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement For each failure over ten (10) annually to clean up Discarded Materials, spilled by Contractor from Containers: $150.00 For each occurrence over five (5) annually of Collecting Discarded Materials, during unauthorized hours: $250.00 For each failure to respond to a Customer Complaint within twenty-four (24) working hours: $100.00 Timeliness of Submissions to City REPORTS Any report shall be considered late until such time as City receives a correct and complete report. For each calendar day a report is late, the daily assessment shall be: Monthly Reports: For each infraction $25 per day Annual Reports: For each infraction $50 per day Violations: SB 1383 (New):

Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The Parties acknowledge that consistent, reliable Discarded Materials service is of utmost importance to City District and that City District has considered and relied on ContractorFranchisee's representations as to its quality of service commitment in awarding the Agreement to it. The Parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The Parties further recognize that if Contractor Franchisee fails to achieve the performance standards, comply with Complaint resolution criteria, or fails to submit required documents in a timely manner, City District and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages that City District will suffer. Therefore, without prejudice to CityDistrict's right to treat such non-performance as an event of default under this Article 12, the Parties agree that the following Liquidated Damage amounts represent a reasonable estimate of the amount of such damages considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City District that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or inconvenient. Recognizing the importance of resolving any failure to meet the service performance standard, the City District shall contact Contractor Franchisee within two (2) days of any failing reported directly to the CityDistrict. In addition Contractor Xxxxxxxxxx agrees to meet with the City District Manager within 2 two (2) days of a requested meeting to discuss the ContractorFranchisee's performance. Contractor Xxxxxxxxxx agrees to pay (as Liquidated Damages and not as a penalty) the amounts set forth below: Collection Reliability and Quality For each failure over five (5) annually to commence service to a new Customer account within seven (7) days after order: $150.00 For each failure over twenty-four (24) annually to Collect Discarded Materials, which as been properly set out for Collection, from an established Customer account on the scheduled Collection day and not Collected within 24 hours after notice of missed pick-up: $150.00 For each failure to Collect Discarded Materials, which have been properly set out for Collection, from the same Customer on two (2) consecutive scheduled pickup days: $150.00 For each occurrence over five (5) annually of damage to private property: $250.00 For each occurrence over ten (10) annually of discourteous behavior: $250.00 Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement For each failure over ten (10) annually to clean up Discarded Materials, spilled by Contractor from Containers: $150.00 For each occurrence over five (5) annually of Collecting Discarded Materials, during unauthorized hours: $250.00 For each failure to respond to a Customer Complaint within twenty-four (24) working hours: $100.00 Timeliness of Submissions to City REPORTS Any report shall be considered late until such time as City receives a correct and complete report. For each calendar day a report is late, the daily assessment shall be: Monthly Reports: For each infraction $25 per day Annual Reports: For each infraction $50 per day Violations: SB 1383 (New):

Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The Parties parties acknowledge that consistent, reliable Discarded Materials garbage, recycling and greenwaste service is of utmost importance to City District and that City District has considered and relied on ContractorFranchisee's representations as to its quality of service commitment in awarding the Agreement to it. The Parties parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The Parties parties further recognize that if Contractor Franchisee fails to achieve the performance standards, comply with Complaint complaint resolution criteria, or fails to submit required documents in a timely manner, City District and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages that City District will suffer. Therefore, without prejudice to CityDistrict's right to treat such non-performance as an event of default under this Article 1213, the Parties parties agree that the following Liquidated Damage liquidated damage amounts represent a reasonable estimate of the amount of such damages considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City District that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or inconvenient. Recognizing the importance of resolving any failure to meet the service performance standard, the City District shall contact Contractor Franchisee within two (2) days of any failing reported directly to the CityDistrict. In addition Contractor agrees to meet with the City Manager within 2 days of a requested meeting to discuss the Contractor's performance. Contractor Franchisee agrees to pay (as Liquidated Damages liquidated damages and not as a penalty) the amounts set forth below: Collection Reliability and Quality For each failure over five (5) annually to commence service to a new Customer account within seven (7) days after order: $150.00 For each failure over twenty-four (24) annually to Collect Discarded Materials, which as been properly set out for Collection, from an established Customer account on the scheduled Collection day and not Collected within 24 hours after notice of missed pick-up: $150.00 For each failure to Collect Discarded Materials, which have been properly set out for Collection, from the same Customer on two (2) consecutive scheduled pickup days: $150.00 For each occurrence over five (5) annually of damage to private property: $250.00 For each occurrence over ten (10) annually of discourteous behavior: $250.00 Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement For each failure over ten (10) annually to clean up Discarded Materials, spilled by Contractor from Containers: $150.00 For each occurrence over five (5) annually of Collecting Discarded Materials, during unauthorized hours: $250.00 For each failure to respond to a Customer Complaint within twenty-four (24) working hours: $100.00 Timeliness of Submissions to City REPORTS Any report shall be considered late until such time as City receives a correct and complete report. For each calendar day a report is late, the daily assessment shall be: Monthly Reports: For each infraction $25 per day Annual Reports: For each infraction $50 per day Violations: SB 1383 (New):