RES 221299 - Laserfiche WebLink

City of Pleasanton Article 5. Collection Services Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 72 June 7, 2022 Contractor’s Diversion Rate for each category identified above shall be calculated by dividing (i) the Tons 2556 of Salvageable Materials Collected under this Agreement less Processing Residue, by (ii) the total Tons of 2557 Discarded Materials Collected under this Agreement from each applicable Customer sector (as identified 2558 above). 2559 Contractor’s ability to achieve the Diversion Rates identified in this Agreement is affected by the amount 2560 of contamination of Salvageable Materials in the Container. Such contamination can be minimized 2561 through effective public education and outreach, monitoring (including but not limited to inspection of 2562 Containers) and working with specific Generators (including but not limited to providing notices of 2563 contamination and non-Collection with copies to the City) all of which are obligations undertaken by the 2564 Contractor in accordance with this Agreement. Notwithstanding any other provision in this Agreement, 2565 if Contractor can demonstrate with documented evidence reasonably satisfactory to the City that such 2566 contamination is preventing Contractor from meeting the relevant Diversion Rate and it has performed 2567 all specific obligations contained in the Agreement as well as all actions performed by similar contractors 2568 with similar contracts, then City agrees to waive any applicable Liquidated Damages and consider 2569 appropriate adjustments to the stated performance standards. 2570 5.23 Service Exemptions and Waivers 2571 5.23.1 Commercial and Multi-Family Customer Waivers 2572 A. General. In accordance with Chapter 9.23 of the Municipal Code, the City may grant waivers to 2573 Generators that may impact the scope of Contractor’s provision of service for those Customers; 2574 provided that such Generators shall continue to subscribe with Contractor for Collection services 2575 under this Agreement to the extent such services are not waived by the City. Waivers issued shall 2576 be subject to compliance with SB 1383 requirements, pursuant to 14 CCR Section 18984.11, or other 2577 requirements specified by the City. 2578 B. Waiver Review and Re-verification. The City or its designee shall be responsible for granting and 2579 re-verifying waivers. Upon City request, Contractor shall support the City in the waiver verification 2580 process by providing requested Customer information related to the conditions of the waiver. 2581 C. Service Level Updates. If the City grants a waiver to a Customer pursuant to this Section, or the 2582 Customer’s waiver status under this Section changes after a re-verification determination, the City 2583 shall notify the Contractor within seven (7) days of the waiver approval or status change with 2584 information on the Customer and any changes to Service Level or Collection service requirements 2585 for the Customer. Contractor shall within seven (7) days modify the Customer’s Service Level, 2586 Customer account data, and Billings statement, as needed. 2587 5.23.2 Contractor Service Exemptions 2588 A. Disaster Waivers. In the event of a disaster, the City may grant Contractor a waiver of some or all 2589 Discarded Materials Collection requirements under this Agreement and 14 CCR, Division 7, Chapter 2590 12, Article 3 in the disaster-affected areas for the duration of the waiver, provided that such waiver 2591 has been approved by CalRecycle. Any resulting changes in Collection requirements shall be 2592 addressed as a change in scope in accordance with Article 4. 2593