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3. 4. ATTY/AGR.2018.054/Recology of San Mateo Event of Non - Performance Improper Container Placement Complaints Failure to Effectively Distribute Non - Collection Notices Acceptable Performance Level The number of "Improper Container Placement Complaints" shall be less than or equal to 500 per month for the SBWMA Service Area. Table 2 provides the proportional distribution of the total monthly allowance to all Member Agencies. The number of non -collection notices that Contractor distributes is at least 50% of all Container set -outs that require a non - collection notice based on the presence of contamination. Collection Services Franchise Agreement with Recology San Mateo County City of Redwood City REV: 03-16-18 MI TABLE 1 Definition of Complaint, Incident, or Event Each Complaint of Contractor's failure to return empty Containers to original location (or altemate location if original location was not safe with regard to pedestrian and vehicular traffic), and each Complaint of failure to place Containers in an upright position with lids closed pursuant to Section 8.02.8.1, provided that Contractor shall not be responsible for placement of Containers that are moved due to wind, rain or other inclement weather conditions, third parties or other factors outside Contractor's reasonable control. Tracking Method Contractor shall print a report on a monthly basis from its Customer service system listing the total number of Complaints coded to this category for the Agency. An event is a Container set -out that Contractor shall contains contamination but was not provide a report provided a non -collection notice. on a monthly basis that contains information on Contactor's use of non -collection notices. Liquidated Damage Amount $50 per Complaint abovethe acceptable performance level $25 per event Attachment J Liquidated Damages Page 5 of 12