RES 2025015 - Laserfiche WebLink

April 1, 2025 31 City of Pleasanton/GreenWaste Recovery, LLC Franchised Collector or City’s written notice of Complaint(s). City shall review both Contractor and 1189 Franchised Collector’s evidence and provide written notice of the City’s determination that the 1190 Complaint was valid or invalid. 1191 (5) Consequences for Failure to Meet the Guaranteed Vehicle Turnaround Times. Should Contractor fail 1192 to meet the guaranteed Maximum Vehicle T urnaround Time for Franchised Collector’s vehicles 1193 described in this Section, Liquidated Damages may be assessed by the City in the amounts stated in 1194 Exhibit B and in accordance with Section 11.9, unless Contractor proves to the reasonable satisfaction 1195 of the City that a Complaint regarding a Franchised Collector’s vehicle turnaround time exceeding the 1196 guaranteed vehicle turnaround time was not valid pursuant to Section 6.4.B.4 above. 1197 (6) Assessment of Liquidated Damages. The City understands that a failure by Contractor to meet the 1198 Maximum Vehicle Turnaround Time incurs damages upon the Franchised Collector and shall therefore 1199 provide notice of its intent to assess Liquidated Damages to the Contractor within sixty (60) Business 1200 Days of City becoming aware of the Contractor’s failure to meet the Maximum Vehicle Turnaround 1201 Time. The assessment of Liquidated Damages shall be made in accordance with Section 11.9 and 1202 collected by City on behalf of the Franchised Collector. 1203 6.5 Scale Operation 1204 A. Maintenance and Operation. Contractor shall maintain and operate two (2) State-certified motor vehicle 1205 scales at each Approved Facility, all in accordance with Applicable Law. Contractor shall provide documentary 1206 evidence of such certification within ninety (90) Days of the Commencement Date and within ten (10) Days 1207 of the City’s request during the Term. Scales shall be operated by State-licensed weighmaster(s). Contractor 1208 shall link all scales to a centralized computer recording and billing system that shall be compatible with 1209 Contractor’s systems. Such computerized system shall track pertinent data on all incoming and outgoing 1210 vehicles and materials as further described in Section 6.5.G. Contractor shall operate those scales during 1211 Approved Facility Delivery and Acceptance hours established in Section 6.2 and during other hours as 1212 determined by Contractor as needed to weigh all inbound and outboard vehicles Delivering Recyclable 1213 Materials with the exception that Contractor is not required to weigh empty vehicles if the vehicle tare weight 1214 was recorded during the most recently completed six- (6-) month period in accordance with Section 6.5.B. 1215 Following the City’s request, Contractor shall provide the City with access to weighing information at all times 1216 and with copies thereof on the next Business Day. 1217 B. Vehicle Tare Weights. Within fourteen (14) Days of the Commencement Date, Contractor shall weigh the 1218 Franchised Collector’s vehicles and determine the unloaded (“tare”) weight(s) of the vehicle(s). Contractor 1219 shall record tare weight, name of Franchised Collector, and vehicle identification number. Within ten (10) 1220 Business Days of weighing, Contractor shall provide the City with a report listing vehicle tare weight 1221 information. Contractor shall determine tare weights of vehicles at least once each calendar quarter within 1222 the first two (2) weeks of the quarter. If there is reasonable suspicion or evidence that tare weights are not 1223 accurate, the City may, at any time and without limitation, request re-determination of tare weights, in which 1224 case Contractor shall promptly re-determine tare weights for requested vehicles. Contractor may update tare 1225 weights, at Contractor's own initiative or, at the request of the City, more frequently. Contractor may use the 1226 tare weight to calculate the Tonnage of Loads Delivered by the Franchised Collector. 1227 C. Substitute Scales. At the Commencement Date of this Agreement, Contractor represents that it has a total of 1228 six (6) scales at the Facility. If any scale at an Approved Facility is inoperable, being tested, or otherwise 1229 unavailable, Contractor shall arrange for the inoperable scale(s) to be repaired as soon as possible. In the 1230 event of one (1) or more inoperable scales, Contractor shall use one (1) of the other onsite scales until such 1231 time as the normal scale is returned to service. In the event that all six (6) scales are inoperable, Contractor 1232 shall identify and notify the City of a public scale that is near the Facility for Franchised Collector’s use in 1233 measuring the Load weight. 1234