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City of Pleasanton Article 6. Other Related Services and Standards
<br /> Franchise Agreement with Pleasanton Garbage Service
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<br />City of Pleasanton Page 97 June 7, 2022March 8, 2018
<br />the Contractor for the Term and shall be made available for review upo n City request. In addition, 3376
<br />Contractor shall compile a summary statistical table of the Complaint and compliment log, satisfactory to 3377
<br />the City, and submit the table to City each quarter. 3378
<br />Contractor shall respond to all Complaints from Generators or Customers by phone or email within 3379
<br />twenty-four (24) hours, weekends and Holidays excluded, by informing the Customer of the action 3380
<br />Contractor will take to remedy the Complaint or respond to the service request . In particular, if a 3381
<br />Complaint involves a failure to Collect Solid Waste, Recyclable Materials, or Organic Materials from a 3382
<br />Premises (missed pick-up), required by this Agreement, Contractor shall Collect the material in question 3383
<br />within twenty-four (24) hours of receipt of the Complaint, provided the materials have been Delivered for 3384
<br />Collection in accordance with the City Municipal Code. If Contractor fails to meet the requirements 3385
<br />described in this Section, the Contractor shall pay the City Liquidated Damages in accordance with Section 3386
<br />11.6. 3387
<br />B. SB 1383 Non-Compliance Complaints. For Complaints received in which the Person alleges that an 3388
<br />entity is in violation of SB 1383 requirements, Contractor shall document the information listed in 3389
<br />Section 6.3.2.E.6. Contractor shall provide this information in a brief Complaint report to the City 3390
<br />for each SB 1383-noncompliance Complaint within seven (7) days of receipt of such Complaint, and 3391
<br />a monthly summary report of SB 1383-non-compliance Complaints in accordance with Section 6.3. 3392
<br /> Upon City request, Contractor shall conduct follow-up outreach or assist with site visit investigations 3393
<br />to the violating entity, and shall document the information in the reports provided pursuant to 3394
<br />Section 6.3. In accordance with the required timeframe in 14 CCR Section 18995.3, Contractor shall 3395
<br />commence the additional outreach or investigation, if requested by the City, within ninety (90) days 3396
<br />of receipt of the complaint, unless another timeframe is otherwise specified by the City Contract 3397
<br />Manager or Applicable Law. Final determination of non-compliance with SB 1383, and assessment 3398
<br />of any associated civil penalties, shall be the responsibility of the City. 3399
<br />6.10 Title to Solid Waste 3400
<br />Once Solid Waste, Recyclable Materials, and/or Organic Materials are placed in Containers and properly 3401
<br />placed at the Collection location, ownership and the right to possession shall transfer directly from the 3402
<br />Generator to Contractor by operation of this Agreement. Subject to Contractor’s objective to meet AB 3403
<br />939 and Measure D Diversion goals, City goals, and City’s right to direct Contractor to Process and Dispose 3404
<br />of Solid Waste at a particular licensed Site or to Dispose of Solid Waste at a particular licensed Disposal 3405
<br />Site, Contractor is hereby granted the right to retain, Recycle, Process, Dispose of, and otherwise use such 3406
<br />Solid Waste, Recyclable Materials or Organic Materials or any part thereof, in any lawful fashion or for 3407
<br />any lawful purpose desired by Contractor. Subject to the provisions of this Agreement, Contractor shall 3408
<br />have the right to retain any benefit resulting from its right to retain, Recycle, Process, Dispose of, or reuse 3409
<br />the Solid Waste, Recyclable Materials, or Organic Materials which it Collects. Solid Waste, Recyclable 3410
<br />Materials or Organic Materials or any part thereof, which is deposited at a Disposal Site, Transformation 3411
<br />site, Transfer Station Site, or Processing Site shall become the property of the Owner or operator of the 3412
<br />facility, once deposited there by Contractor. 3413
<br />City may obtain ownership or possession of Solid Waste, Recyclable Materials, or Organic Materials placed 3414
<br />for Collection upon written notice of its intent to do so (subject, in the case of Recyclable Materials, to a 3415
<br />net Rate adjustment for lost commodity revenue offset by a reduction in costs), however, nothing in this 3416
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