Common use of Action Plan Clause in Contracts

Action Plan. Contractor shall prepare and submit an action plan for improving 3109 and/or modifying its Collection services and other services if requested. 3110 Not less than ten (10) Business Days prior to the scheduled hearing date, Agency 3111 or SBWMA and Contractor shall exchange any written reports and other documents 3112 that will be provided or presented at the hearing. Not less than five (5) Business 3113 Days before the scheduled hearing date, Agency or SBWMA and Contractor shall 3114 ensure their availability to discuss the content and underlying support for such 3115 reports. 3116 Agency or SBWMA and Contractor shall attend and participate in the performance 3117 hearing. Contractor may be required to present an oral report on its performance at 3118 the performance hearing. Contractor’s failure to attend and participate in the 3119 performance hearing and provide an oral presentation upon request; provide a 3120 written response to the questions or request for a self-assessment report submitted 3121 by Agency or SBWMA; or submit an action plan if requested by Agency or SBWMA 3122 may result in Liquidated Damages pursuant to Attachment J. 3123 Within sixty (60) Days after the conclusion of each performance hearing, Agency or 3124 SBWMA may issue a report. As a result of the review, Agency or SBWMA may 3125 require Contractor to provide expanded or new services within a reasonable time 3126 frame and for reasonable compensation; and Agency or SBWMA may direct 3127 Contractor to take corrective actions for any performance inadequacies. 3128 3129 ARTICLE 9‌ 3130 RECORD KEEPING AND REPORTING 3131 9.01 GENERAL‌ 3132 Contractor shall compile and maintain records related to its performance as necessary to 3133 develop the reports required by this Agreement. Contractor agrees to conduct data 3134 collection, record keeping, and reporting activities necessary to meet the reasonable 3135 reporting and Solid Waste, Recyclable Materials, and Organic Materials program 3136 management needs of the Agency, and to comply with Contractor’s obligations under 3137 the Act and other State legislation/regulations (such as, but not limited to, AB 341, AB 3138 1826, and SB 1383), other Applicable Laws, and the requirements of this Agreement. 3139 Record keeping and reporting requirements specified in this Agreement shall not be 3140 considered a comprehensive list of reporting requirements. In particular, Article 9 is 3141 intended to highlight the general nature of records and reports and their minimum 3142 content and is not meant to comprehensively define the scope and content of the 3143 records and reports. Upon written direction or approval of Agency, the records and 3144 reports required by Contractor in accordance with this and other Articles of the 3145 Agreement shall be adjusted in number, format, or frequency. 3146 Contractor shall maintain all records necessary to allow the Agency to determine 3147 Contractor’s compliance with the terms of the Agreement and compliance with the 3148 Performance Standards and Performance Incentives/Disincentives presented in this 3149 Agreement including, but not limited to, those related to the quality of Collection services 3150 and customer service and those identified in Attachments I and J. The records shall be 3151 maintained in a manner that allows for easy verification of Contractor’s performance.

Action Plan. Contractor shall prepare and submit an action plan for improving 3109 3053 and/or modifying its Collection services and other services if requested. 3110 3054 Not less than ten (10) Business Days prior to the scheduled hearing date, Agency 3111 or 3055 SBWMA and Contractor shall exchange any written reports and other documents 3112 that 3056 will be provided or presented at the hearing. Not less than five (5) Business 3113 Days 3057 before the scheduled hearing date, Agency or SBWMA and Contractor shall 3114 ensure 3058 their availability to discuss the content and underlying support for such 3115 reports. 3116 3059 Agency or SBWMA and Contractor shall attend and participate in the performance 3117 3060 hearing. Contractor may be required to present an oral report on its performance at 3118 3061 the performance hearing. Contractor’s failure to attend and participate in the 3119 3062 performance hearing and provide an oral presentation upon request; provide a 3120 written 3063 response to the questions or request for a self-assessment report submitted 3121 by 3064 Agency or SBWMA; or submit an action plan if requested by Agency or SBWMA 3122 may 3065 result in Liquidated Damages pursuant to Attachment J. 3123 3066 Within sixty (60) Days after the conclusion of each performance hearing, Agency or 3124 3067 SBWMA may issue a report. As a result of the review, Agency or SBWMA may 3125 3068 require Contractor to provide expanded or new services within a reasonable time 3126 3069 frame and for reasonable compensation; and Agency or SBWMA may direct 3127 3070 Contractor to take corrective actions for any performance inadequacies. 3128 3129 3071 Franchise Agreement for Collection Services with Recology San Mateo County Page 74 of 120 Model Agreement for Adaptation by Member Agencies 3072 ARTICLE 9‌ 3130 3073 RECORD KEEPING AND REPORTING 3131 3074 9.01 GENERAL‌ 3132 3075 Contractor shall compile and maintain records related to its performance as necessary to 3133 3076 develop the reports required by this Agreement. Contractor agrees to conduct data 3134 3077 collection, record keeping, and reporting activities necessary to meet the reasonable 3135 3078 reporting and Solid Waste, Recyclable Materials, and Organic Materials program 3136 3079 management needs of the Agency, and to comply with Contractor’s obligations under 3137 the 3080 Act and other State legislation/regulations (such as, but not limited to, AB 341, AB 3138 1826, 3081 and SB 1383), other Applicable LawsLaws (including those specified in Section 15.14), and the 3082 requirements of this Agreement. 3139 3083 Record keeping and reporting requirements specified in this Agreement shall not be 3140 3084 considered a comprehensive list of reporting requirements. In particular, Article 9 is 3141 3085 intended to highlight the general nature of records and reports and their minimum 3142 content 3086 and is not meant to comprehensively define the scope and content of the 3143 records and 3087 reports. Upon written direction or approval of Agency, the records and 3144 reports required 3088 by Contractor in accordance with this and other Articles of the 3145 Agreement shall be adjusted 3089 in number, format, or frequency. 3146 3090 Contractor shall maintain all records necessary to allow the Agency to determine 3147 3091 Contractor’s compliance with the terms of the Agreement and compliance with the 3148 3092 Performance Standards and Performance Incentives/Disincentives presented in this 3149 3093 Agreement including, but not limited to, those related to the quality of Collection services 3150 3094 and customer service and those identified in Attachments I and J. The records shall be 3151 3095 maintained in a manner that allows for easy verification of Contractor’s performance. 3096 9.02 GENERAL RECORD KEEPING PROVISIONS‌ 3097 A. General. Contractor shall maintain records required to conduct its operations, to 3098 support requests it may make to Agency, and to respond to requests from Agency. 3099 All records shall be maintained for five (5) years after the expiration or early 3100 termination of this Agreement. 3101 In order to set Contractor’s Compensation pursuant to Article 11, it is necessary for 3102 Contractor to maintain accurate, detailed financial and operational information in a 3103 consistent format and to make such information available to the Agency in a timely 3104 fashion, and in accordance with reporting requirements specified in this Article.

Action Plan. Contractor shall prepare and submit an action plan for improving 3109 3027 and/or modifying its Collection services and other services if requested. 3110 3028 Not less than ten (10) Business Days prior to the scheduled hearing date, Agency 3111 or 3029 SBWMA and Contractor shall exchange any written reports and other documents 3112 that 3030 will be provided or presented at the hearing. Not less than five (5) Business 3113 Days 3031 before the scheduled hearing date, Agency or SBWMA and Contractor shall 3114 ensure 3032 their availability to discuss the content and underlying support for such 3115 reports. 3116 3033 Agency or SBWMA and Contractor shall attend and participate in the performance 3117 3034 hearing. Contractor may be required to present an oral report on its performance at 3118 3035 the performance hearing. Contractor’s failure to attend and participate in the 3119 3036 performance hearing and provide an oral presentation upon request; provide a 3120 written 3037 response to the questions or request for a self-assessment report submitted 3121 by 3038 Agency or SBWMA; or submit an action plan if requested by Agency or SBWMA 3122 may 3039 result in Liquidated Damages pursuant to Attachment J. 3123 3040 Within sixty (60) Days after the conclusion of each performance hearing, Agency or 3124 3041 SBWMA may issue a report. As a result of the review, Agency or SBWMA may 3125 3042 require Contractor to provide expanded or new services within a reasonable time 3126 3043 frame and for reasonable compensation; and Agency or SBWMA may direct 3127 3044 Contractor to take corrective actions for any performance inadequacies. 3128 3129 3045 3046 ARTICLE 9‌ 3130 3047 RECORD KEEPING AND REPORTING 3131 3048 9.01 GENERAL‌ 3132 3049 Contractor shall compile and maintain records related to its performance as necessary to 3133 3050 develop the reports required by this Agreement. Contractor agrees to conduct data 3134 3051 collection, record keeping, and reporting activities necessary to meet the reasonable 3135 3052 reporting and Solid Waste, Recyclable Materials, and Organic Materials program 3136 3053 management needs of the Agency, and to comply with Contractor’s obligations under 3137 the 3054 Act and other State legislation/regulations (such as, but not limited to, AB 341, AB 3138 1826, 3055 and SB 1383), other Applicable Laws, and the requirements of this Agreement. 3139 3056 Record keeping and reporting requirements specified in this Agreement shall not be 3140 3057 considered a comprehensive list of reporting requirements. In particular, Article 9 is 3141 3058 intended to highlight the general nature of records and reports and their minimum 3142 content 3059 and is not meant to comprehensively define the scope and content of the 3143 records and 3060 reports. Upon written direction or approval of Agency, the records and 3144 reports required 3061 by Contractor in accordance with this and other Articles of the 3145 Agreement shall be adjusted 3062 in number, format, or frequency. 3146 3063 Contractor shall maintain all records necessary to allow the Agency to determine 3147 3064 Contractor’s compliance with the terms of the Agreement and compliance with the 3148 3065 Performance Standards and Performance Incentives/Disincentives presented in this 3149 3066 Agreement including, but not limited to, those related to the quality of Collection services 3150 3067 and customer service and those identified in Attachments I and J. The records shall be 3151 3068 maintained in a manner that allows for easy verification of Contractor’s performance. 3069 9.02 GENERAL RECORD KEEPING PROVISIONS‌ 3070 A. General. Contractor shall maintain records required to conduct its operations, to 3071 support requests it may make to Agency, and to respond to requests from Agency. 3072 All records shall be maintained for five (5) years after the expiration or early 3073 termination of this Agreement. 3074 In order to set Contractor’s Compensation pursuant to Article 11, it is necessary for 3075 Contractor to maintain accurate, detailed financial and operational information in a 3076 consistent format and to make such information available to the Agency in a timely 3077 fashion, and in accordance with reporting requirements specified in this Article.

Action Plan. Contractor shall prepare and submit an action plan for improving 3109 3027 and/or modifying its Collection services and other services if requested. 3110 3028 Not less than ten (10) Business Days prior to the scheduled hearing date, Agency 3111 or 3029 SBWMA and Contractor shall exchange any written reports and other documents 3112 that 3030 will be provided or presented at the hearing. Not less than five (5) Business 3113 Days 3031 before the scheduled hearing date, Agency or SBWMA and Contractor shall 3114 ensure 3032 their availability to discuss the content and underlying support for such 3115 reports. 3116 3033 Agency or SBWMA and Contractor shall attend and participate in the performance 3117 3034 hearing. Contractor may be required to present an oral report on its performance at 3118 3035 the performance hearing. Contractor’s failure to attend and participate in the 3119 3036 performance hearing and provide an oral presentation upon request; provide a 3120 written 3037 response to the questions or request for a self-assessment report submitted 3121 by 3038 Agency or SBWMA; or submit an action plan if requested by Agency or SBWMA 3122 may 3039 result in Liquidated Damages pursuant to Attachment J. 3123 3040 Within sixty (60) Days after the conclusion of each performance hearing, Agency or 3124 3041 SBWMA may issue a report. As a result of the review, Agency or SBWMA may 3125 3042 require Contractor to provide expanded or new services within a reasonable time 3126 3043 frame and for reasonable compensation; and Agency or SBWMA may direct 3127 3044 Contractor to take corrective actions for any performance inadequacies. 3128 3129 3045 3046 ARTICLE 9‌ 3130 3047 RECORD KEEPING AND REPORTING 3131 3048 9.01 GENERAL‌ 3132 3049 Contractor shall compile and maintain records related to its performance as necessary to 3133 3050 develop the reports required by this Agreement. Contractor agrees to conduct data 3134 3051 collection, record keeping, and reporting activities necessary to meet the reasonable 3135 3052 reporting and Solid Waste, Recyclable Materials, and Organic Materials program 3136 3053 management needs of the Agency, and to comply with Contractor’s obligations under 3137 the 3054 Act and other State legislation/regulations (such as, but not limited to, AB 341, AB 3138 1826, 3055 and SB 1383), other Applicable Laws, and the requirements of this Agreement. 3139 3056 Record keeping and reporting requirements specified in this Agreement shall not be 3140 3057 considered a comprehensive list of reporting requirements. In particular, Article 9 is 3141 3058 intended to highlight the general nature of records and reports and their minimum 3142 content 3059 and is not meant to comprehensively define the scope and content of the 3143 records and 3060 reports. Upon written direction or approval of Agency, the records and 3144 reports required 3061 by Contractor in accordance with this and other Articles of the 3145 Agreement shall be adjusted 3062 in number, format, or frequency. 3146 3063 Contractor shall maintain all records necessary to allow the Agency to determine 3147 3064 Contractor’s compliance with the terms of the Agreement and compliance with the 3148 3065 Performance Standards and Performance Incentives/Disincentives presented in this 3149 3066 Agreement including, but not limited to, those related to the quality of Collection services 3150 3067 and customer service and those identified in Attachments I and J. X. The records shall be 3151 3068 maintained in a manner that allows for easy verification of Contractor’s performance. 3069 9.02 GENERAL RECORD KEEPING PROVISIONS‌ 3070 A. General. Contractor shall maintain records required to conduct its operations, to 3071 support requests it may make to Agency, and to respond to requests from Agency. 3072 All records shall be maintained for five (5) years after the expiration or early 3073 termination of this Agreement. 3074 In order to set Contractor’s Compensation pursuant to Article 11, it is necessary for 3075 Contractor to maintain accurate, detailed financial and operational information in a 3076 consistent format and to make such information available to the Agency in a timely 3077 fashion, and in accordance with reporting requirements specified in this Article.