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3060 services provided, feasibility of providing new services, application of new 3061 technologies, Customer Complaints, possible amendments to this Agreement, 3062 developments in the Applicable Laws and regulations, new initiatives for meeting or 3063 exceeding waste reduction and Recycling goals, regulatory constraints, and 3064 Contractor performance. Agency or SBWMA and Contractor may each select 3065 additional topics for discussion at the performance hearing. 3066 B. Process. Within sixty (60) Days of notification provided by Agency or SBWMA to 3067 Contractor of its intent to conduct a performance hearing, Agency or SBWMA will 3068 submit questions to Contractor pertaining to Contractor's performance and 3069 Contractor shall submit its written response within thirty (30) Days. Agency or 3070 SBWMA and Contractor shall meet to discuss the questions and Contractors 3071 response prior to submittal by Contractor. Agency or SBWMA and Contractor may 3072 request from one another information or documents related to the scheduled public 3073 hearing and Agency or SBWMA and Contractor shall provide such information 3074 promptly. 3075 In addition to Contractor's responses to the questions submitted by Agency or 3076 SBWMA, Contractor may be required to submit a self-assessment report of 3077 Contractor's performance and information pertaining to the following: 3078 1. Recommended Chanaes or New Services. Changes and/or new services 3079 recommended to improve Agency's or SBWMA's ability to meet and/or exceed 3080 the Agency's or SBWMA's waste reduction and recycling goals and those of 3081 the Act and other State legislation/regulations (such as, but not limited to, AB 3082 341, AB 901, AB 1594, AB 1826, SB 1061, and SB 1383). 3083 2. Complaint Records. The reports required by this Agreement regarding 3084 Complaints shall be used as one basis for review. Contractor may submit other 3085 relevant performance information and reports for consideration. Agency or 3086 SBWMA may request Contractor to submit specific information for the hearing. 3087 In addition, any Person may submit comments or Complaints during or before 3088 the hearing, either orally or in writing, and these shall be considered. 3089 3. Action Plan. Contractor shall prepare and submit an action plan for improving 3090 and/or modifying its Collection services and other services if requested. 3091 Not less than ten (10) Business Days prior to the scheduled hearing date, Agency 3092 or SBWMA and Contractor shall exchange any written reports and other documents 3093 that will be provided or presented at the hearing. Not less than five (5) Business 3094 Days before the scheduled hearing date, Agency or SBWMA and Contractor shall 3095 ensure their availability to discuss the content and underlying support for such 3096 reports. 3097 Agency or SBWMA and Contractor shall attend and participate in the performance 3098 hearing. Contractor may be required to present an oral report on its performance at 3099 the performance hearing. Contractor's failure to attend and participate in the 3100 performance hearing and provide an oral presentation upon request; provide a 3101 written response to the questions or request for a self-assessment report submitted 3102 by Agency or SBWMA; or submit an action plan if requested by Agency or SBWMA 3103 may result in Liquidated Damages pursuant to Attachment J. 3104 Within sixty (60) Days after the conclusion of each performance hearing, Agency or 3105 SBWMA may issue a report. As a result of the review, Agency or SBWMA may REV: 03-16-18 MI Page 74 of 126 ATTY/AGR.2018.054/Recology of San Mateo