[greenyes] Re: greenyes Digest 2 Jul 2003 14:42:45 -0000 Issue 88

["Blair Pollock" <bpollock@no.address>]

Hi Sharon: here in Orange County NC we have curbside contracts w/ penalties for any collections missed and not collected by 5pm of the business day following notification about the miss. Thus if someone is missed on a Monday, calls us Tuesday we contact the contractor & the contractor has til Wed at 5pm to pick it up. If not $25 fine first offense and escalating from there. also separate penalties for leaving broken glass in the street. 
There is an exception for our rural routes, if only one complainant, they have to wait til their next collection cycle to get collected. If more than one complainant on any of hte rural routes, the contractor must go back.
As Anne, I too could fax you contract pages.
Overall, this method works well. Our requirement is that bins are on the curb by 7am so some people unfortunately report a 'miss' when they 'missed' getting the bin out early cos their route is 'usually' ten am or whenever.............


liquidated damages in recycling contracts
	631 by: Sharon_Gates@no.address 
	633 by: "Anne Morse" <AMorse@no.address>

Date: Tue, 1 Jul 2003 10:08:16 -0700
To: greenyes@no.address 
From: Sharon_Gates@no.address 
Subject: liquidated damages in recycling contracts
Message-ID: <OF1AF10203.3644F74B-ON88256D56.005DB917@no.address>

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Here are some questions for anybody out there who is on either end of a 
municipal recycling contract:  does your contract include liquidated 
damages for missed recycling collection?  If so, at what point do these 
damages kick in?  In other words, are damages paid if X number of accounts 
are missed, or if Y percent of accounts are missed?  What are the X and/or 
Y in your contract?  Are missed accounts counted per day, per week, per 
some other period?

Thanks,
Sharon Gates
Recycling Specialist
City of Long Beach, California
562/570-4694
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Date: Tue, 1 Jul 2003 12:55:58 -0500 
To: <Sharon_Gates@no.address>,
	<greenyes@no.address>
From: "Anne Morse" <AMorse@no.address>
Subject: RE: [greenyes] liquidated damages in recycling contracts
Message-ID: <A0183019E36DD311800E000629B22FC9027A9CA0@no.address>

Sharon,

My municipal contract has about 2 pages of language related to circumstances
which would require the payment of liquidated damages, including if misses
of residential pickups exceed more than 3 per day and thirty per month.
Excedences cost them $25 per instance.  In contract negotiations I  did
proffer that I'd use this hammer only if need be, when other less dramatic
efforts didn't get their attention.  In the first 18 months of this contract
I have never had to even reference this language.

I'm especially happy with the way our contract is working, by the way, as my
previous contract had no such damages, and we were completely at the
contractor's mercy.  

If you'd like, I could fax you those pages, and it would save substantial
typing. 

Anne Morse
Winona, MN