RES 221299 - Laserfiche WebLink

City of Pleasanton Article 11. Default and Remedies Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 120 June 7, 2022 date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably 4304 could be anticipated and the anticipation that proof of actual damages would be costly or impractical. 4305 Contractor agrees to pay (as Liquidated Damages and not as a penalty) the amounts set forth in the 4306 Schedule of Performance Adjustments, Exhibit E. 4307 City may determine the occurrence of events giving rise to Liquidated Damages through the observation 4308 of its own employees or representatives or investigation of Customer Complaints. 4309 Liquidated Damages will only be assessed after Contractor has been given the opportunity but failed to 4310 rectify the damages as described in this Agreement. Prior to assessing Liquidated Damages, City shall give 4311 Contractor notice of its intention to do so. The notice will include a brief description of the 4312 incident(s)/non-performance. City may review (and make copies at its own expense) all information in 4313 the possession of Contractor relating to incident(s)/non-performance. City may, within ten (10) calendar 4314 days after issuing the notice, request a meeting with Contractor. City may present evidence of non-4315 performance in writing and through testimony of its employees and others relevant to the 4316 incident(s)/non-performance. City will provide Contractor with a written explanation of its determination 4317 on each incident(s)/non-performance prior to authorizing the assessment of Liquidated Damages. The 4318 decision of City shall be final, and Contractor shall not be subject to, or required to exhaust, any further 4319 administrative remedies. 4320 11.6.3 Amount 4321 City may assess Liquidated Damages for each calendar day or event, as appropriate, that Contractor is 4322 determined to be liable in accordance with this Agreement in the amounts specified in Exhibit E. In the 4323 event the amount of Liquidated Damages for any three (3) month period exceeds the thresholds 4324 established in Section 5.18.1, the City shall have the right to request replacement of the Contractor’s 4325 general manager as described in Section 5.18.1. 4326 11.6.4 Timing of Payment 4327 Contractor shall pay any Liquidated Damages assessed by City within ten (10) calendar days after they are 4328 assessed. If they are not paid within the ten (10) day period, City may proceed against the performance 4329 bond required by the Agreement, 4330 11.7 Excuse from Performance 4331 The Parties shall be excused from performing their respective obligations hereunder in the event they are 4332 prevented from so performing by reason of Uncontrollable Circumstances. In the case of labor unrest or 4333 job action directed at a third party over whom Contractor has no control, the inability of Contractor to 4334 provide Solid Waste, Recyclable Materials, Organic Materials Collection, or C&D services due to the 4335 unwillingness or failure of the third party to provide reasonable assurance of the safety of Contractor's 4336 employees while providing Solid Waste, Recyclable Materials, Organic Materials, or C&D Collection 4337 services or to make reasonable accommodations with respect to Container placement and point of 4338 Delivery, time of Collection or other operating circumstances to minimize any confrontation with pickets 4339 or the number of Persons necessary to make Collections shall, to that limited extent, excuse performance 4340