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City of Pleasanton Article 5. Collection Services Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 74 June 7, 2022March 8, 2018 Contractor’s Diversion Rate for each category identified above shall be calculated by dividing (i) the Tons 2583 of Salvageable Materials Collected under this Agreement less Processing Residue, by (ii) the total Tons of 2584 Discarded Materials Collected under this Agreement from each applicable Customer sector (as identified 2585 above). 2586 Contractor’s ability to achieve the Diversion Rates identified in this Agreement is affected by the amount 2587 of contamination of Salvageable Materials in the Container. Such contamination can be minimized 2588 through effective public education and outreach, monitoring (including but not limited to inspection of 2589 Containers) and working with specific Generators (including but not limited to providing notices of 2590 contamination and non-Collection with copies to the City) all of which are obligations undertaken by the 2591 Contractor in accordance with this Agreement. Notwithstanding any other provision in this Agreement, 2592 if Contractor can demonstrate with documented evidence reasonably satisfactory to the City that such 2593 contamination is preventing Contractor from meeting the relevant Diversion Rate and it has performed 2594 all specific obligations contained in the Agreement as well as all actions performed by similar contractors 2595 with similar contracts, then City agrees to waive any applicable Liquidated Damages and consider 2596 appropriate adjustments to the stated performance standards. 2597 5.23 Service Exemptions and Waivers 2598 5.23.1 Commercial and Multi-Family Customer Waivers 2599 A. General. In accordance with Chapter 9.23 of the Municipal Code, the City may grant waivers to 2600 Generators that may impact the scope of Contractor’s provision of service for those Customers; 2601 provided that such Generators shall continue to subscribe with Contractor for Collection services 2602 under this Agreement to the extent such services are not waived by the City. Waivers issued shall 2603 be subject to compliance with SB 1383 requirements, pursuant to 14 CCR Section 18984.11, or other 2604 requirements specified by the City. 2605 B. Waiver Review and Re-verification. The City or its designee shall be responsible for granting and 2606 re-verifying waivers. Upon City request, Contractor shall support the City in the waiver verification 2607 process by providing requested Customer information related to the conditions of the waiver. 2608 C. Service Level Updates. If the City grants a waiver to a Customer pursuant to this Section, or the 2609 Customer’s waiver status under this Section changes after a re-verification determination, the City 2610 shall notify the Contractor within seven (7) days of the waiver approval or status change with 2611 information on the Customer and any changes to Service Level or Collection service requirements 2612 for the Customer. Contractor shall within seven (7) days modify the Customer’s Service Level, 2613 Customer account data, and Billings statement, as needed. 2614 5.23.2 Contractor Service Exemptions 2615 A. Disaster Waivers. In the event of a disaster, the City may grant Contractor a waiver of some or all 2616 Discarded Materials Collection requirements under this Agreement and 14 CCR, Division 7, Chapter 2617 12, Article 3 in the disaster-affected areas for the duration of the waiver, provided that such waiver 2618 has been approved by CalRecycle. Any resulting changes in Collection requirements shall be 2619 addressed as a change in scope in accordance with Article 4. 2620