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Assistance with Assessing Liquidated Damages <br /> Most hauler contracts include provisions to assess liquidated damages for persistent operational <br /> or customer service issues that do not rise to the level of contractual breach but require a remedy <br /> to cure. EcoNomics has assisted several cities assess liquidated damages when persistent hauler <br /> operational or customer service breakdowns occur. It has been our experience that notifying <br /> haulers, in writing, of the City's intent to assess liquidated damages if issues are not resolved within <br /> a reasonable timeline has proven as an effective deterrent and has led an outcome that is desirable <br /> to the City without having to assess damages. However, in some cases, the City must follow <br /> through with assessing liquidated damages due to non-performance by the hauler. In this case, it <br /> is important to have impeccable documentation of all specific instances of liquidated damages <br /> when preparing to assess (i.e., address, date, time, customer name, etc. for each missed pick-up). <br /> Liquidated damages are an effective tool to achieve the desired contractual outcomes in severe <br /> cases of hauler non-performance and EcoNomics has experience assisting five local governments <br /> through this process in recent years. EcoNomics can assist cities with tracking service or <br /> compliance issues, advising on when thresholds have been crossed where liquidated damages may <br /> be needed, developing notices of intent to assess liquidated damages, and assisting in assessing <br /> the liquidated damages, as needed. <br /> SolidTask C. • Recycling Legislation <br /> General Legislative Assistance <br /> EcoNomics has direct contact with senior level staff at CalRecycle and, as such, can provide its <br /> clients with strategic insight into ongoing legislative and regulatory development processes. <br /> EcoNomics currently assists 11 client cities with legislative tracking. EcoNomics has hang term <br /> relationships with key policy makers,advocacy groups, and regulatory agencies in Sacramento and <br /> is aware of pending solid waste legislation as it develops.AB 827 requires businesses subject to SB <br /> 1383 to make recycling and/or organic recycling bins available to customers in dining areas. <br /> EcoNomics has assisted cities in developing AB 827 information and training tools for business use, <br /> including flyers, signage, direct-mailed letters. EcoNomics has also developed and facilitated with <br /> one client's hauler AB 827 compliance tracking and has assisted one client City with a mini-grant <br /> program to provide internal containers to restaurants. These summaries will include impacts on <br /> the City and recommendations for how to prepare and implement the regulations. For example, <br /> SIB 1111 requires that Republic to install retroreflective tape on all its bins by January 1, 2026, <br /> which represents a significant cost that was not anticipated in the renegotiated rate structure.The <br /> City will need to negotiate with Republic to quantify the costs of these requirements and identify <br /> a funding source to retrofit the containers to comply with the law. Considering the next rate <br /> adjustment is scheduled for July 1, 2026, and that the requirements must be met by January 1, <br /> 2026, this issue will need to be resolved quickly if not already resolved.Assistance will also include <br /> review of current ordinances and City code that will aid in compliance with this legislation, an <br /> implementation plan for becoming compliant and regular updates to the City through fact sheets <br /> and progress reports. <br /> Doc ID: 5c24e1f9f8de95b25f18cb9a42f177d25d99d112 <br />