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City of Pleasanton Exhibit E: Schedule of Performance Adjustments (Liquidated Damages) <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page E-1 June 7, 2022 <br />EXHIBIT E <br />SCHEDULE OF PERFORMANCE ADJUSTMENTS <br />(LIQUIDATED DAMAGES) <br />Contractor may be assessed Liquidated Damages in the event Contractor fails to fulfill its obligations with <br />regards to the events listed in this Exhibit in accordance with the terms and conditions of the Agreement <br />with regards to the time frame for accomplishing each event and nature of the responsibility associated <br />with the event unless otherwise stated in this Exhibit. Refer to Section 11.6 of the Agreement for <br />procedures for assessing Liquidated Damages. <br />Collection Reliability <br />1 For failure to maintain the Collection schedule for a <br />portion of a route or entire route on the scheduled <br />day (unless non-Collection was warranted pursuant <br />to this Agreement): <br />$25.00/Container <br />2 For each failure over fifteen (15) annually to Collect <br />Discarded Materials, which have been properly set <br />out for Collection from an established service <br />recipient account on the scheduled Collection day: <br />$150.00 <br />3 For each failure to Collect missed Collections within <br />twenty-four (24) hours of receipt of the Complaint: <br />$300.00 <br />4 For each failure to collect Discarded Materials which <br />have been properly set out for Collection, from the <br />same service recipient on two (2) consecutive <br />scheduled pick-ups: <br />$150.00 <br />5 For each failure to notify the appropriate authorities <br />of reportable quantities of Hazardous Waste per <br />Article 5: <br />$500.00 <br />6 For each failure over five (5) annually to commence <br />service to a new Customer within seven (7) calendar <br />days after order received and account number <br />established, failure to deliver a different Container <br />size to a Customer within seven (7) Business Days of <br />request, or failure to deliver kitchen pails, Multi- <br />Family Personal Recycling Bins, Commercial <br />Recyclable Materials or Organic Materials bins for <br />internal use within the timeframe required by <br />Article 5: <br />$150.00 <br />7 For each occurrence of failing to provide Customers <br />with the three-Container system required by and <br />compliant with this Agreement, the City’s Municipal <br />Code, and SB 1383 (excluding Generators granted <br />waivers pursuant to this Agreement and the <br />Municipal Code, to the extent that such waivers <br />$500/Customer