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9/15/2025 8:52:40 PM
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9/12/2024 5:32:58 PM
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CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/12/2024
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<br />July 15, 2024 Page 29 City of San Leandro Post Collection <br />Contractor may propose report formats that are responsive to the objectives and audiences for each 1117 <br />report. The format of each report shall be approved by the City Contract Manager, in their sole discretion. 1118 <br />City Contract Manager may, from time to time during the Term, review and request changes to 1119 <br />Contractor’s report formats and content and Contractor shall not unreasonably deny such requests . 1120 <br />Contractor shall submit all reports to the City Contract Manager electronically via email using software 1121 <br />acceptable to the City. 1122 <br />City reserves the right to require Contractor to provide additional reports or documents, or to provide 1123 <br />earlier submittal of scheduled reports (e.g., to meet State reporting timelines for SB 1383) as City Contract 1124 <br />Manager reasonably determines to be required for the administration of this Agreement or compliance 1125 <br />with Applicable Law. 1126 <br />6.3 LATE AND INCORRECT REPORTS 1127 <br />If Contractor does not submit the required report on the due date, Contractor shall pay to the City 1128 <br />Liquidated Damages in accordance with this Section and Exhibit F. The City may adjust the Liquidated 1129 <br />Damage amount annually thereafter by the Annual Percentage Change of the CPI-U, as described in 1130 <br />Section 8.3. If the City provides notice to Contractor of a late Annual or Monthly Report thirty (30) calendar 1131 <br />days after the report due date, Contractor shall submit the report to City within fourteen (14) calendar 1132 <br />days of the notice date. If the report is received on or before the fourteenth (14th) calendar day, 1133 <br />Liquidated Damages shall be limited to the amount due for the initial thirty (30) calendar days. If the 1134 <br />report is not received within the fourteen- (14-) calendar day period, City may assess Liquidated Damages 1135 <br />for each calendar day the report is late after the fourteen- (14-) calendar day period following the notice. 1136 <br />In such case, the number of days for which Liquidated Damages may be assessed shall equal the sum of 1137 <br />the initial thirty (30) calendar days the report is late and the additional days the report is late following 1138 <br />the fourteen- (14-) calendar day period after City’s Notice. Liquidated Damages shall be assessed in 1139 <br />accordance with Section 10.6. 1140 <br />If City identifies an error in a report or omission of required information, Contractor shall be given five (5) 1141 <br />Working Days to correct the report from the date of the City’s initial notice. If Contractor fails to correct 1142 <br />the report on or before the fifth (5th) Working Day, City may assess a Liquidated Damage amount of five 1143 <br />hundred dollars ($500) per Working Day for each day beyond the cure period until such time the 1144 <br />Contractor submits a corrected report, as determined by the City. Assessment and payment of the 1145 <br />Liquidated Damages described in this paragraph shall be performed in accordance with Section 10.6. 1146 <br />If the Contractor identifies an error in a report it submitted to the City, Contractor shall notify the City of 1147 <br />the error and submit a corrected report within fifteen (15) calendar days of the notice to the City. City 1148 <br />agrees to waive Liquidated Damages in the event Contractor self-identifies an error and submits the 1149 <br />corrected report within fifteen (15) calendar days of Contractor’s notice to the City. If Contractor is late in 1150 <br />submitting the corrected report, the City may assess Liquidated Damages for the late report as outlined 1151 <br />herein. 1152 <br />Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C
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