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July 2024 Page 32 City of San Leandro Post Collection City reserves the right to require Contractor to provide additional reports or documents, or to provide 1247 earlier submittal of scheduled reports (e.g., to meet State reporting timelines for SB 1383) as City Contract 1248 Manager reasonably determines to be required for the administration of this Agreement or compliance 1249 with Applicable Law. 1250 6.3 LATE AND INCORRECT REPORTS 1251 If Contractor does not submit the required report on the due date, Contractor shall pay to the City 1252 Liquidated Damages equal to five hundred dollars ($500.00) in Rate Period One for each calendar day it is 1253 late for up to thirty (30) calendar days plus additional calendar days as further described. The Liquidated 1254 Damage amount shall be adjusted annually thereafter by the Annual Percentage Change of the CPI-U, as 1255 described in Section 8.3. If the City provides notice to Contractor of a late Annual or Monthly Report thirty 1256 (30) calendar days after the report due date, Contractor shall submit the report to City within fourteen 1257 (14) calendar days of the notice date. If the report is received on or before the fourteenth (14th) calendar 1258 day, Liquidated Damages shall be limited to the amount due for the initial thirty (30) calendar days. If the 1259 report is not received within the fourteen- (14-) calendar day period, City may assess Liquidated Damages 1260 for each calendar day the report is late after the fourteen- (14-) calendar day period following the notice. 1261 In such case, the number of days for which Liquidated Damages may be assessed shall equal the sum of 1262 the initial thirty (30) calendar days the report is late and the additional days the report is late following 1263 the fourteen- (14-) calendar day period after City’s Notice. Liquidated Damages shall be assessed in 1264 accordance with Section 10.6. 1265 If City identifies an error in a report or omission of required information, City may assess Liquidated 1266 Damages in accordance with Section 10.6 and Contractor shall pay the Liquidated Damages. The amount 1267 of the Liquidated Damage for an inaccurate or incomplete report shall be five hundred dollars ($500) for 1268 the initial occurrence. Contractor shall be given five (5) Working Days to correct the report from the date 1269 of the City’s initial notice. If Contractor fails to correct the report on or before the fifth (5th) Working Day, 1270 City may assess a Liquidated Damage amount of five hundred dollars ($500) per Working Day for each day 1271 beyond the cure period until such time the Contractor submits a corrected report, as determined by the 1272 City. For example, if a report is inaccurate and Contractor takes seven (7) Working Days to submit a 1273 corrected report after City’s notice, the total Liquidated Damages due shall be a total of one thousand five 1274 hundred dollars ($1,500), which is five hundred dollars ($500) for the initial occurrence plus one thousand 1275 dollars ($1,000) for the extra two (2) Working Days to correct. Assessment and payment of the Liquidated 1276 Damages described in this paragraph shall be performed in accordance with Section 10.6. 1277 If the Contractor identifies an error in a report it submitted to the City, Contractor shall notify the City of 1278 the error and submit a corrected report within fifteen (15) calendar days of the notice to the City. City 1279 agrees to waive Liquidated Damages in the event Contractor self-identifies an error and submits the 1280 corrected report within fifteen (15) calendar days of Contractor’s notice to the City. If Contractor is late in 1281 submitting the corrected report, the City may assess Liquidated Damages for the late report as outlined 1282 herein. 1283 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B