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RES 221299
City of Pleasanton
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CITY CLERK
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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 72 June 7, 2022 <br />Contractor’s Diversion Rate for each category identified above shall be calculated by dividing (i) the Tons 2556 <br />of Salvageable Materials Collected under this Agreement less Processing Residue, by (ii) the total Tons of 2557 <br />Discarded Materials Collected under this Agreement from each applicable Customer sector (as identified 2558 <br />above). 2559 <br />Contractor’s ability to achieve the Diversion Rates identified in this Agreement is affected by the amount 2560 <br />of contamination of Salvageable Materials in the Container. Such contamination can be minimized 2561 <br />through effective public education and outreach, monitoring (including but not limited to inspection of 2562 <br />Containers) and working with specific Generators (including but not limited to providing notices of 2563 <br />contamination and non-Collection with copies to the City) all of which are obligations undertaken by the 2564 <br />Contractor in accordance with this Agreement. Notwithstanding any other provision in this Agreement, 2565 <br />if Contractor can demonstrate with documented evidence reasonably satisfactory to the City that such 2566 <br />contamination is preventing Contractor from meeting the relevant Diversion Rate and it has performed 2567 <br />all specific obligations contained in the Agreement as well as all actions performed by similar contractors 2568 <br />with similar contracts, then City agrees to waive any applicable Liquidated Damages and consider 2569 <br />appropriate adjustments to the stated performance standards. 2570 <br />5.23 Service Exemptions and Waivers 2571 <br />5.23.1 Commercial and Multi-Family Customer Waivers 2572 <br />A. General. In accordance with Chapter 9.23 of the Municipal Code, the City may grant waivers to 2573 <br />Generators that may impact the scope of Contractor’s provision of service for those Customers; 2574 <br />provided that such Generators shall continue to subscribe with Contractor for Collection services 2575 <br />under this Agreement to the extent such services are not waived by the City. Waivers issued shall 2576 <br />be subject to compliance with SB 1383 requirements, pursuant to 14 CCR Section 18984.11, or other 2577 <br />requirements specified by the City. 2578 <br />B. Waiver Review and Re-verification. The City or its designee shall be responsible for granting and 2579 <br />re-verifying waivers. Upon City request, Contractor shall support the City in the waiver verification 2580 <br />process by providing requested Customer information related to the conditions of the waiver. 2581 <br />C. Service Level Updates. If the City grants a waiver to a Customer pursuant to this Section, or the 2582 <br />Customer’s waiver status under this Section changes after a re-verification determination, the City 2583 <br />shall notify the Contractor within seven (7) days of the waiver approval or status change with 2584 <br />information on the Customer and any changes to Service Level or Collection service requirements 2585 <br />for the Customer. Contractor shall within seven (7) days modify the Customer’s Service Level, 2586 <br />Customer account data, and Billings statement, as needed. 2587 <br />5.23.2 Contractor Service Exemptions 2588 <br />A. Disaster Waivers. In the event of a disaster, the City may grant Contractor a waiver of some or all 2589 <br />Discarded Materials Collection requirements under this Agreement and 14 CCR, Division 7, Chapter 2590 <br />12, Article 3 in the disaster-affected areas for the duration of the waiver, provided that such waiver 2591 <br />has been approved by CalRecycle. Any resulting changes in Collection requirements shall be 2592 <br />addressed as a change in scope in accordance with Article 4. 2593
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