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July 15, 2024 Page 23 City of San Leandro Post Collection Collection Contractor provided the evidence is in the form of camera recordings of Collection 869 Contractor’s vehicle(s), scale house records, or other documented timestamp of the Collection 870 Contractor’s arrival and departure times from the Approved Facility(ies). Contractor’s evidence shall 871 be presented no later than ten (10) Business Days after receipt of Collection Contractor or City’s 872 written notice of Complaint(s). City shall review both Contractor and Collection Contractor’s 873 evidence and provide written notice of the City’s determination that the Complaint was valid or 874 invalid. The Liquidated Damages payment shall be paid in accordance with Section 10.6 and shall be 875 equal to one hundred dollars ($100.00) in Rate Period One for each Collection Contractor vehicle 876 with a Turnaround Time greater than the Maximum Vehicle Turnaround Time. The liquidated 877 damage amount shall be adjusted annually thereafter by CPI. 878 E. Consequences for Failure to Meet the Guaranteed Vehicle Turnaround Times. Should Contractor 879 fail to meet the guaranteed maximum turnaround times for Collection Contractor’s vehicles 880 described in this Section, Liquidated Damages may be assessed by the City in the amounts stated in 881 Exhibit F unless Contractor proves to the reasonable satisfaction of the City that a Complaint 882 regarding a Collection Contractor’s vehicle turnaround time exceeding the guaranteed vehicle 883 turnaround time was not valid pursuant to subsection D above. 884 F. Assessment of Liquidated Damages. The City understands that a failure by Contractor to meet the 885 maximum vehicle turnaround time incurs damages upon the Collection Contractor and shall 886 therefore provide notice of its intent to assess Liquidated Damages to the Contractor within sixty 887 (60) Business Days of City becoming aware of the Contractor’s failure to meet the Maximum Vehicle 888 Turnaround Time. The assessment of Liquidated Damages shall be made in accordance with Section 889 10.6 and collected by City on behalf of the Collection Contractor. 890 5.2.8 Scale Operation 891 A. Maintenance and Operation. Contractor shall maintain at least two (2) State-certified motor vehicle 892 scales at the Approved Facility(ies) in accordance with Applicable Law. Contractor shall link all scales 893 to a centralized computer recording and billing system that shall be compatible with Contractor’s 894 systems and account for tracking all incoming and outgoing materials. Contractor shall operate 895 those scales during the Approved Facility(ies) receiving hours established in Section 5.2.4. 896 Contractor shall provide City with access to weighing information at all times and copies thereof on 897 the next Working Day following City’s request therefore. 898 B. Tare Weights for Collection Contractor Vehicles. Within thirty (30) calendar days prior to the 899 Commencement Date, Contractor shall coordinate with the Collection Contractor to ensure that all 900 single-body Collection vehicles used by Collection Contractor to Deliver City Delivered Materials to 901 the Approved Facility(ies) are weighed to determine unloaded (“tare”) weights. Collection vehicles 902 that are not single-body construction, such as trucks that transport roll-off boxes or compactors or 903 have detachable tractors, shall weigh-in and weigh-out. Contractor shall electronically record the 904 tare weight, identify vehicle as Collection Contractor owned, and provide a distinct vehicle 905 identification number for each vehicle. Contractor shall provide City with a report listing the vehicle 906 tare weight information upon request. Contractor shall promptly coordinate with Collection 907 Contractor to weigh additional or replacement Collection vehicles prior to Collection Contractor 908 placing them into service. Contractor shall check tare weights at least annually, or within fourteen 909 (14) calendar days of a City request and shall coordinate with the Collection Contractor to re-tare 910 vehicles immediately after any major maintenance service on a Collection vehicle. 911 Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C