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RES 221299
City of Pleasanton
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RES 221299
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7/14/2022 11:14:47 AM
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6/22/2022 11:32:12 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/7/2022
DESTRUCT DATE
PERMANENT
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City of Pleasanton Article 5. Collection Services <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 69 June 7, 2022 <br />5.18 Personnel 2450 <br />5.18.1 General 2451 <br />Contractor shall furnish such qualified drivers, mechanical, supervisory, Customer service, clerical, and 2452 <br />other personnel as may be necessary to provide the services required by this Agreement in a safe and 2453 <br />efficient manner. (See also Section 5.1.) 2454 <br />Contractor recognizes the importance of establishing a successful relationship between its general 2455 <br />manager and City staff (and their agents or designees). Therefore, the Contractor will allow the City the 2456 <br />right to approve the selection of the Contractor’s general manager provided that the City’s approval is not 2457 <br />unreasonably withheld. The City shall have the right to request that the Contractor replace its general 2458 <br />manager for any of the following reasons: 2459 <br />A. In the event Liquidated Damages levied for events listed in Exhibit E, with the exception of damages 2460 <br />levied for Collection reliability and Collection quality event items 1, 2, and 13 of Exhibit E, in any 2461 <br />three (3) month period exceed two thousand dollars ($2,000); or, 2462 <br />B. In the event Liquidated Damages levied for Collection reliability and Collection quality event items 2463 <br />1, 2, and 13 of Exhibit E, in any three (3) month period exceed forty-five thousand dollars ($45,000); 2464 <br />or, 2465 <br />C. In the event the City determines, through a review of Billings required by Section 6.14, that 2466 <br />Contractor has under billed or overcharged Single-Family Customers by a rate of three (3) percent 2467 <br />or more of total Single-Family billed revenues or Multi-Family, Commercial and Drop Box Customers 2468 <br />by a rate of one and a half percent (1.5%) of total Multi-Family, Commercial and Drop Box billed 2469 <br />revenues, and Contractor is unable to correct such Billings errors to a rate of one and a half percent 2470 <br />(1.5%) of total Billings of Single-Family Customers and half a percent (0.5%) of total Billings of Multi-2471 <br />Family Customers, and half a percent (0.5%) of total Billings of Commercial and Drop Box Customers 2472 <br />as demonstrated by a subsequent audit of incorrectly billed accounts conducted in the quarter 2473 <br />immediately following the bi-annual report in which the billing error rate was identified, or that 2474 <br />Contractor fails to submit the bi-annual report required by Section 6.14 within fifteen (15) days of 2475 <br />the due date; 2476 <br />D. In the event financial and operational records maintained by the Contractor pursuant to Sections 2477 <br />6.2.1 and 6.2.2 and requested by the City for retrieval by the Contractor are not provided to City 2478 <br />within two (2) weeks of the request. 2479 <br />5.18.2 Driver Qualifications 2480 <br />All drivers shall be trained and qualified in the operation of Collection vehicles and must have in effect a 2481 <br />valid license, of the appropriate class, issued by the California Department of Motor Vehicles. Contractor 2482 <br />shall ensure full compliance with the California Department of Motor Vehicles “Employer Pull Notice 2483 <br />Program” (CVC 1808.1). 2484
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