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City of Santa Ana, California 5.4.6 Past Performance Record 1. Criminal Proceedings Section S. Submittal Requirements Describe any criminal proceedings in which the Proposer, any affiliate of the Proposer, and/or any director or officer of the Proposer or affiliate (with respect to their actions in such capacity), and any individual identified as Key Personnel in the Proposal has been named as a defendant that are either currently pending or were concluded within the past five years. For each proceeding, provide the name of the case, the court in which it was filed, the docket number, and the disposition. 2. Civil Litigation Describe any lawsuit in which the Proposer or any affiliate of the Proposer has been named as a defendant or cross-defendant, either currently pending or were concluded within the past five years. For each lawsuit, provide the name of the case, the court in which it was filed, the docket number, and the disposition. Lawsuits which involved only claims for personal injury or property damage arising from vehicle accidents which resulted in defense verdicts or in judgments against defendant, or settlements, of less than $10,000, need not be disclosed. 3. Administrative Proceedings Describe any administrative proceedings involving the Proposer or any affiliate initiated by federal, state or local regulatory agencies (including, by way of example, the United States Environmental Protection Agency, the Orange County Healthcare Agency, the South Coast Air Quality Management District, the Department of Resources Recycling and Recovery, the California Department of Toxic Substances Control, the California Highway Patrol, the California Department of Motor Vehicles, the California Department of Industrial Relations, the State Water Resources Control Board or any regional water quality control board) that are either currently pending or were concluded within the past five years. For each, provide the name of the agency, the office or District in which the proceeding occurred, the nature of the proceeding, the disposition, and the amount of any fines or penalties assessed. 4. Payment of Liquidated Damages List each jurisdiction in California (e.g., City, county, special district, or JPA) which has assessed liquidated damages against the Proposer or any affiliate of the Proposer within the past five years in an amount greater than $25,000. For each jurisdiction, list the amount of liquidated damages paid and the event initiating contractual liability for liquidated damages. 5. Worker Safety For the Proposer, and any affiliate of the Proposer, provide information detailing its worker safety record for the past five years. The information shall include employee safety metrics commonly used in the industry including but not limited to the number of hours lost for individual injuries per employee and workers' compensation insurance ratios. 6. Customer Service DRAFT RFP for Franchised Collection Services 11/28/17 Page 33 65B-42