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City of Pleasanton Article 6. Other Related Services and Standards Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 98 June 7, 2022March 8, 2018 Agreement shall be construed as giving rise to any inference that City has such ownership or possession 3417 unless such written notice has been given to Contractor. 3418 6.11 Non-Discrimination 3419 Contractor shall not discriminate in the provision of service or the employment of Persons engaged in 3420 performance of this Agreement on account of race, color, religion, sex, age, marital status, sexual 3421 orientation, physical handicap, or medical condition in violation of any applicable federal or State law. 3422 6.12 Report of Accumulation of Solid Waste; Unauthorized Dumping 3423 Contractor shall direct its drivers to note: (1) the addresses of any Premises at which they observe that 3424 Solid Waste, Recyclable Materials and Organic Materials is accumulating and is not being Delivered for 3425 Collection; and (2) the address, or other location description, at which Solid Waste, Recyclable Materials 3426 or Organic Materials has been dumped in an apparently unauthorized manner. Contractor shall deliver 3427 the address or description to City within five (5) working days of such observation. 3428 6.13 Administration of Service Exemption Programs 3429 Contractor shall allow for Persons that have a disability as defined by the Americans with Disabilities Act 3430 (which means Public Law 101-336, 104 Stat. 327, 42 U.S.C. 12101-12213 and 27 U.S.C. 225 and 611, and 3431 all Federal rules and regulations relating thereto) that are Occupants of Single-Family Premises and Multi-3432 Family Premises to receive Collection services at a location other than Curbside at no extra charge to the 3433 Customer. Contractor shall review all applications (which shall include statements from physicians) made 3434 by Customers to determine conformance with this exemption provision and shall grant exemptions if 3435 applicable. With regard to all requirements of this Section, the Contractor shall make reasonable 3436 accommodations with regard to provision of and servicing of Containers (e.g., Container size and type, 3437 placement of Containers for Collection, etc.) at no additional cost to the Customer. 3438 6.14 Performance Review and Audits 3439 6.14.1 Performance Review 3440 The City shall have the right to conduct two (2) reviews of Contractor’s performance during the Term to 3441 verify that Contractor has fulfilled its obligations under the Agreement. City intends to perform one (1) 3442 performance review during Rate Period Two, and reserves the right to conduct one (1) additional 3443 performance review at any other point during the Term. Upon notice from City that a performance review 3444 will be conducted, Contractor shall provide all information requested by City and cooperate with the 3445 review. Performance review may focus on the following, but is not limited to these items: call center 3446 performance, total Complaints, missed pick-ups Complaints, noise Complaints, contract compliance, 3447 Diversion results, Customer participation levels in Diversion programs, vehicle maintenance, compliance 3448 with the implementation plan included in Exhibit C, and public education and outreach efforts. City will 3449 conduct its evaluation and report to City Council. At City request, Contractor shall make a presentation 3450 to City Council reporting the Contractor’s results. Contractor shall be responsible for reimbursing the City 3451 for the cost of each such review, in an amount up to sixty thousand dollars ($60,000) per review, which 3452 shall be a pass-through cost. 3453