RES 221299 - Laserfiche WebLink

City of Pleasanton Article 11. Default and Remedies Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 119 June 7, 2022 Contractor shall furnish the City with immediate access to all of its business records related to its 4267 Customers and billing of accounts for Collection services. 4268 11.5 City's Remedies Cumulative; Specific Performance 4269 The City's right to terminate the Agreement under Section 11.3 and to take possession of the Contractor's 4270 properties under Section 11.4 are not exclusive, and the City's termination of the Agreement shall not 4271 constitute an election of remedies. Instead, they shall be in addition to any and all other legal and 4272 equitable rights and remedies which the City may have. 4273 By virtue of the nature of this Agreement, the urgency of timely, continuous and high-quality service, the 4274 lead time required to effect alternative service, and the rights granted by City to the Contractor, the 4275 remedy of damages for a breach hereof by Contractor is inadequate and City shall be entitled to injunctive 4276 relief. 4277 11.6 Liquidated Damages 4278 11.6.1 General 4279 The Parties agree that as of the time of the execution of this Agreement, it is impractical, if not impossible, 4280 to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by 4281 Contractor of its obligations under this Agreement. The factors relating to the impracticability of 4282 ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to 4283 members of the public who are denied services or denied quality or reliable service; (ii) such breaches 4284 cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to individual 4285 members of the general public for whose benefit this Agreement exists, in subjective ways and in varying 4286 degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that exclusive 4287 services might be available at substantially lower costs than alternative services and the monetary loss 4288 resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise 4289 monetary terms; and, (iv) the termination of this Agreement for such breaches, and other remedies are, 4290 at best, a means of future correction and not remedies which make the public whole for past breaches. 4291 11.6.2 Performance Standards; Liquidated Damages for Failure to Meet Standards 4292 The Parties further acknowledge that consistent, reliable Solid Waste, Recyclable Materials, Organic 4293 Materials, C&D, and Bulky Items Collection service is of utmost importance to City and that City has 4294 considered and relied on Contractor's representations as to its quality of service commitment in awarding 4295 the Agreement to it. The Parties further recognize that some quantified standards of performance are 4296 necessary and appropriate to ensure consistent and reliable service and performance. The Parties further 4297 recognize that if Contractor fails to achieve the performance standards, or fails to submit required 4298 documents in a timely manner, City and its residents and businesses will suffer damages and that it is and 4299 will be impractical and extremely difficult to ascertain and determine the exact amount of damages which 4300 City will suffer. Therefore, without prejudice to City’s right to treat such non-performance as an event of 4301 default under this Section, the Parties agree that the following Liquidated Damage amounts represent a 4302 reasonable estimate of the amount of such damages considering all of the circumstances existing on the 4303