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City of Pleasanton Article 5. Collection Services Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 57 June 7, 2022March 8, 2018 5.13.11 Alternative Facility Designation by City 1974 The City reserves the right to direct Contractor to Transport and deliver: (i) all Organic Materials Collected 1975 pursuant to this Agreement to an Organic Materials Processing Site other than the Organic Materials 1976 Processing Site selected by the Contractor, and/or (ii) all Recyclable Materials Collected pursuant to this 1977 Agreement to a Recyclables Processing Site other than the Processing Site selected by the Contractor. If 1978 the City exercises its right under this provision and specifies use of an Organic Materials or Recyclable 1979 Materials Processing Site that is different from the Contractor-selected Approved Recyclable Materials 1980 Processing Site or Approved Organic Materials Processing Site, the City shall provide written notice to 1981 Contractor one (1) year before the date the Contractor shall commence use of the City-designated site; 1982 provided, however, that the City may provide such notice to Contractor 90 days prior to the 1983 commencement date for Recyclable and Organic Materials processing contracts being negotiated by City 1984 during 2018. Furthermore, the Contractor’s Compensation and Rates will be adjusted for increases or 1985 decreases in Transportation, Processing, and/or Composting costs, if any, in accordance with Sections 4.3 1986 and 8.5, and Contractor shall no longer be subject to the Diversion requirements applicable to such 1987 materials so long as contamination levels in the materials that Contractor delivers to the new Processing 1988 Sites do not exceed mutually agreeable levels. 1989 5.14 Collection Standards 1990 5.14.1 Care of Private Property 1991 Contractor shall use due care when handling Solid Waste, Recyclable Materials and Organic Materials 1992 Containers. Containers shall not be thrown from trucks, roughly handled, damaged or broken. Containers 1993 shall be returned to the Collection point upright, with lids properly secured. The City may levy Liquidated 1994 Damages for repeat occurrences in accordance with Section 11.6 of this Agreement. 1995 Contractor shall ensure that its employees close all gates opened in making Collections, unless otherwise 1996 directed by the Generator, and avoid crossing landscaped areas and climbing or jumping over hedges and 1997 fences for Collection service provided to the elderly and/or disabled receiving backyard/side yard services 1998 and any Customers paying for backyard/side yard services. 1999 City shall refer Complaints about damage to private property to Contractor. Contractor shall repair all 2000 damage to private property caused by its employees or their vehicles. 2001 5.14.2 Litter Abatement 2002 A. Minimization of Spills. Contractor shall use due care to prevent Solid Waste, Recyclable Materials, 2003 and Organic Materials from being spilled, scattered, or windblown during the Collection, 2004 Transportation, Processing, or other material handling activity. If any Solid Waste, Recyclable 2005 Materials, or Organic Materials are spilled, scattered, or windblown during Collection, 2006 Transportation, Processing, or other material handling activity, the Contractor shall promptly clean 2007 up all Unacceptable Spillage. This clean-up requirement shall apply to cleaning up drift (e.g., 2008 windblown materials) near the facilities used by the Contractor for Transport, Transfer, or other 2009 material handling activities (including, without limitation, land adjacent to the Approved Transfer 2010 Site). 2011