(a) Each franchise agreement shall provide for a process to establish that grantee has met its service obligations under the franchise agreement and shall provide a schedule of liquidated damages for each violation or breach which has been verified to the satisfaction of the Division.
(b) A high level of collection service quality and subscriber satisfaction and therefore consistent and reliable service is of utmost importance to the County and the solid waste handling services subscriber. County will have considered and relied on grantee's representations as to its quality of service commitment in approving any franchise agreement, and any violation or breach by grantee of its solid waste handling service obligations referenced in this Section represents a loss of bargain to the County. The grantee further acknowledges that quantified standards of performance are necessary and appropriate to ensure such consistent and reliable collection service, and if grantee fails to meet service obligations referenced in this Section, County will suffer damages (including but not limited to, its subscribers inconvenience; complaints by subscribers; lost Board and staff time; and loss of bargain) and that it is and will be impracticable and extremely difficult to ascertain and determine the value thereof. Therefore, the County and grantee acknowledge that the liquidated damages established by schedules to each franchise agreement, represent a reasonable estimate of the amount of such damages, considering all of the circumstances, including the relationship of the amount of the liquidated damages to the range of harm to County that reasonably could be anticipated and the anticipation that proof of actual damages would be extremely costly and inconvenient for both the grantee and County. By entering into its franchise agreement, the grantee will specifically affirm the accuracy of the statements made relating to liquidated damages and the fact that grantee will have had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provision contained therein.
(c) The rights of the County set forth in this Section are in addition to, and not a limitation on, any other rights which County may have against grantee for the failure to observe any condition or term of Division 6 or its franchise agreement, including the violations or breaches of same set forth in this Section for which liquidated damages are provided.
(Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022; Am. Ord. 4460, passed - -2023)