|
City of Pleasanton Article 6. Other Related Services and Standards
<br /> Franchise Agreement with Pleasanton Garbage Service
<br />
<br />City of Pleasanton Page 95 June 7, 2022
<br />B. SB 1383 Non-Compliance Complaints. For Complaints received in which the Person alleges that an 3415
<br />entity is in violation of SB 1383 requirements, Contractor shall document the information listed in 3416
<br />Section 6.3.2.E.6. Contractor shall provide this information in a brief Complaint report to the City 3417
<br />for each SB 1383-noncompliance Complaint within seven (7) days of receipt of such Complaint, and 3418
<br />a monthly summary report of SB 1383-non-compliance Complaints in accordance with Section 6.3. 3419
<br /> Upon City request, Contractor shall conduct follow-up outreach or assist with site visit investigations 3420
<br />to the violating entity, and shall document the information in the reports provided pursuant to 3421
<br />Section 6.3. In accordance with the required timeframe in 14 CCR Section 18995.3, Contractor shall 3422
<br />commence the additional outreach or investigation, if requested by the City, within ninety (90) days 3423
<br />of receipt of the complaint, unless another timeframe is otherwise specified by the City Contract 3424
<br />Manager or Applicable Law. Final determination of non-compliance with SB 1383, and assessment 3425
<br />of any associated civil penalties, shall be the responsibility of the City. 3426
<br />6.10 Title to Solid Waste 3427
<br />Once Solid Waste, Recyclable Materials, and/or Organic Materials are placed in Containers and properly 3428
<br />placed at the Collection location, ownership and the right to possession shall transfer directly from the 3429
<br />Generator to Contractor by operation of this Agreement. Subject to Contractor’s objective to meet AB 3430
<br />939 and Measure D Diversion goals, City goals, and City’s right to direct Contractor to Process and Dispose 3431
<br />of Solid Waste at a particular licensed Transfer or Processing Site or to Dispose of Solid Waste at a 3432
<br />particular licensed Disposal Site, Contractor is hereby granted the right to retain, Recycle, Process, Dispose 3433
<br />of, and otherwise use such Solid Waste, Recyclable Materials or Organic Materials or any part thereof, in 3434
<br />any lawful fashion or for any lawful purpose desired by Contractor. Subject to the provisions of this 3435
<br />Agreement, Contractor shall have the right to retain any benefit resulting from its right to retain, Recycle, 3436
<br />Process, Dispose of, or reuse the Solid Waste, Recyclable Materials, or Organic Materials which it Collects. 3437
<br />Solid Waste, Recyclable Materials or Organic Materials or any part thereof, which is deposited at a 3438
<br />Disposal Site, Transformation site, Transfer Station Site, or Processing Site shall become the property of 3439
<br />the Owner or operator of the facility, once deposited there by Contractor. 3440
<br />City may obtain ownership or possession of Solid Waste, Recyclable Materials, or Organic Materials placed 3441
<br />for Collection upon written notice of its intent to do so (subject, in the case of Recyclable Materials, to a 3442
<br />net Rate adjustment for lost commodity revenue offset by a reduction in costs), however, nothing in this 3443
<br />Agreement shall be construed as giving rise to any inference that City has such ownership or possession 3444
<br />unless such written notice has been given to Contractor. 3445
<br />6.11 Non-Discrimination 3446
<br />Contractor shall not discriminate in the provision of service or the employment of Persons engaged in 3447
<br />performance of this Agreement on account of race, color, religion, sex, age, marital status, sexual 3448
<br />orientation, physical handicap, or medical condition in violation of any applicable federal or State law. 3449
<br />6.12 Report of Accumulation of Solid Waste; Unauthorized Dumping 3450
<br />Contractor shall direct its drivers to note: (i) the addresses of any Premises at which they observe that 3451
<br />Solid Waste, Recyclable Materials and Organic Materials is accumulating and is not being Delivered for 3452
<br />Collection; and (ii) the address, or other location description, at which Solid Waste, Recyclable Materials 3453
|