Penalties for Failure to Meet Requirements of Franchise Clause Samples
Penalties for Failure to Meet Requirements of Franchise. The City Manager may establish and collect penalties in the amounts listed below for Franchisee's failure to meet the requirements of this Franchise. The provisions of this sub- paragraph D shall not constitute a mandatory election of remedies. The City Manager's decision to not impose any such penalty shall not be deemed a waiver of any breach by the Franchisee under this Franchise. Except as provided in Section 10.2, the City Manager may, but shall not be obligated to, impose the penalties listed below for the corresponding deficiency in performance by the Franchisee. If the City Manager determines the issuance of penalties are appropriate, the City Manager shall issue a written notice to Franchisee (“Notice of Assessment”) of the penalty and the basis on which the determination was made, including supporting documentation.
1. Failure to correct a missed pick ups within the times set forth in Sections 4.1.B.1, 4.1.C.1, and 4.2.D: $100.00 per occurrence; each additional 24-hour working day period: $100.00;
2. Failure to provide Containers to initial Customer within seven days of request for service: $100.00 per day;
3. Failure to deliver collected Franchise Garbage to the Designated Disposal Site: $1,000 per ton;
4. Failure to repair or replace any Container, when so required by this Agreement: $100.00 per occurrence;
5. Undertaking Residential collection operations earlier or later than specified in Sections 4.1.B.1 or 4.2.D: $100.00 per occurrence;
6. Failure to maintain Operating Assets in neat and orderly manner, after notice by the City Manager and within a reasonable time to remedy: $100.00 per day;
7. Failure to record a response to a Customer complaint or request within 24 hours of resolution: $100 per occurrence;
8. Failure to clean up spillage or litter during Franchisee collection activity: $100.00 per occurrence;
9. Failure to take reasonable steps to resolve a legitimate billing complaint within seven working days from the complaint: $100.00 per occurrence;
10. Additional penalty when Franchisee receives more than 25 valid service-related complaints in any 30-day period: $500.00;
11. Failure to tag materials not collected due to contamination or inappropriately prepared: $100.00 per occurrence;
12. Failure to attain final complete deployment of containers and automated pick up vehicles for Recycling or Franchise Yard Waste on the date required by this agreement: $500.00 per day;
13. Failure to remit City fees by the fifteenth of the month: $1...