Agdapkt 2010-12-06 clsd and regular

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i 6.3A Page 44 I F. Determination and Pavment of Lipuidated Damaqes. Contractor shall provide a 2 report that identifies any non-compliance with perFormance measures listed in 3 Attachment 10 (except for compliance with standards which shall be reported as part 4 of the Contractor's annual report) and include calculation of the Liquidated Damages 5 due. This report shall be accompanied by supporting documentation identifying 6 either compliance with or level of non-compliance with the performance measures. 7 The report submittal shall be accompanied by a check from the Contractor in the 8 amount of the Liquidated Damages due (per Contractor's calculation and self- 9 reporting) for the reporting period. 10 G. Proqrams. For each program, provide activity-related and narrative reports on goals, 11 milestones, and accomplishments. Contractor shall describe problems encountered, 12 actions taken and any recommendations to facilitate progress. 13 H. Summarv Assessment. Contractor shall provide a summary assessment of the 14 overall materials handling systems from Contraator's perspective relative to financial 15 and physical status of the Shoreway Center. Contractor shall assess how well the 16 program is operating in terms of efficiency, economy and effectiveness relative to 17 meeting all the goals and objectives of this Agreement. Contractor shall provide 18 recommendations and plans to improve operations, which highlight significant 19 accomplishments and problems. Contractor shall document changes on a monthly 20 basis and include monthly documentation in the quarterly reporting. 21 I. Meet and Confer with Authoritv. Beginning on the Commencement Date, and on a 22 quarterly basis thereafter, Contractor shall meet with the Authority to describe the 23 services performed at the Shoreway Center and the progress of each active 24 Diversion Program. Contractor shall document the results of the programs on a 25 monthly basis, including the tonnage diverted by material type, the end use or 26 processor of the diverted materials and the cost per ton for transporting and 27 processing each type of material and other such information requested by the 28 Authority necessary to evaluate the performance of each program. 29 J. Addition and Chanaes to Proarams. The Authority shall have the right to terminate a 30 program if in its sole discretion the Contractor is not cost effectively achieving the 31 program's goals and objectives. Prior to such termination, the Authority shall meet 32 and confer with Contractor for a period of up to 90 days to resolve the Authority's 33 concerns. Thereafter, the Authority may utilize a third party to perform these 34 services if the Authority reasonably believes the third party can improve on 35 Contractor's performance and/or cost. Notwithstanding these changes, Contractor 36 shall continue the program during the meet and confer period and, thereafter, until 37 the third party takes over the program. 38 9.06 ANNUAL REPORT REQUIREMENTS 39 The Annual Report shall be in the form of the Quarterly Reports and shalf provide the 40 same type of information as required pursuant to Section 9.05 summarized for the 41 preceding four quarters. The Annual Report shall also include a complete inventory of 42 equipment used to provide all services, and a list of Contractor's personnel used to 43 operate the Shoreway Center. . 44 9.07 INSPECTION OF RECORDS 45 The Authority, and its agents selected by the Authority, shall have the right, during 46 regular business hours, to conduct unannounced on-site inspections of the records and Operating Agreement for Shoreway Center Page - 35 - 7/30109