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<br />REV: 03-16-18 MI <br />ATTY/AGR/2018.054/RECOLOGY OF SAN MATEO <br />Page 73 of 119 <br />1. Recommended Changes or New Services. Changes and/or new services 3015 <br />recommended to improve Agency's or SBWMA’s ability to meet and/or exceed 3016 <br />the Agency’s or SBWMA’s waste reduction and recycling goals and those of the 3017 <br />Act and other State legislation/regulations (such as, but not limited to, AB 341, 3018 <br />AB 901, AB 1594, AB 1826, SB 1061, and SB 1383). 3019 <br />2. Complaint Records. The reports required by this Agreement regarding 3020 <br />Complaints shall be used as one basis for review. Contractor may submit other 3021 <br />relevant performance information and reports for consideration. Agency or 3022 <br />SBWMA may request Contractor to submit specific information for the hearing. 3023 <br />In addition, any Person may submit comments or Complaints during or before 3024 <br />the hearing, either orally or in writing, and these shall be considered. 3025 <br />3. Action Plan. Contractor shall prepare and submit an action plan for improving 3026 <br />and/or modifying its Collection services and other services if requested. 3027 <br />Not less than ten (10) Business Days prior to the scheduled hearing date, Agency or 3028 <br />SBWMA and Contractor shall exchange any written reports and other documents that 3029 <br />will be provided or presented at the hearing. Not less than five (5) Business Days 3030 <br />before the scheduled hearing date, Agency or SBWMA and Contractor shall ensure 3031 <br />their availability to discuss the content and underlying support for such reports. 3032 <br />Agency or SBWMA and Contractor shall attend and participate in the performance 3033 <br />hearing. Contractor may be required to present an oral report on its performance at 3034 <br />the performance hearing. Contractor’s failure to attend and participate in the 3035 <br />performance hearing and provide an oral presentation upon request; provide a written 3036 <br />response to the questions or request for a self-assessment report submitted by 3037 <br />Agency or SBWMA; or submit an action plan if requested by Agency or SBWMA may 3038 <br />result in Liquidated Damages pursuant to Attachment J. 3039 <br />Within sixty (60) Days after the conclusion of each performance hearing, Agency or 3040 <br />SBWMA may issue a report. As a result of the review, Agency or SBWMA may 3041 <br />require Contractor to provide expanded or new services within a reasonable time 3042 <br />frame and for reasonable compensation; and Agency or SBWMA may direct 3043 <br />Contractor to take corrective actions for any performance inadequacies. 3044 <br />3045 <br />6.2.B. - Page 86