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July 15, 2024 Page 40 City of San Leandro/ACI Franchise Agreement Contractor shall educate Customers and promote programs and services that support the City in meeting 1584 Diversion targets mandated by Applicable Law including, but not limited to, AB 939, SB 1383, and SB 54, 1585 for the materials Collected by Contractor under this Agreement. At minimum Contractor shall: 1586 • Provide targeted technical assistance to low-Diverting Multi-Family and Commercial Customers 1587 to increase proper Recycling, right-size service, and improve material separation. 1588 • Provide community group presentations. 1589 • Support schools with education and technical assistance. 1590 • Staff a table at mutually agreed events throughout the City. 1591 As part of Contractor’s annual education and outreach plan, Contractor shall provide to City a Diversion 1592 plan that details Contractor’s strategy for meeting the goals as described in this Section. The plan shall, at 1593 a minimum, include the anticipated number of direct community engagements Contractor plans to 1594 participate in over the coming year to improve Diversion efforts, identified by engagement type and 1595 service sector, material type, schedule over the year, and program type. Contractor shall submit the 1596 Diversion plan in accordance with the submittal requirements described in Exhibit C, Section 1.B. 1597 Contractor’s performance shall be measured based on adherence to the annual Diversion plan, the actual 1598 service level ratio changes or other Diversion efforts such as improved material separation implemented 1599 by Customers as a result of Contractor’s direct engagement, and a pattern over time of overall 1600 improvements in service level ratios by sector (Single-Family, Multi-Family, and Commercial). For 1601 purposes of this Section, service level ratios for each sector shall be calculated as follows: 1602 Total = (total Tons of Recyclable Materials Collected + total Tons of Organic Materials Collected + total 1603 Tons of Bulky Items/Reusable Materials Collected) / total Tons of all materials Collected excluding C&D 1604 Debris Collected in the City. 1605 Organic Materials = total Tons of Organic Materials Collected / total Tons of all materials Collected 1606 excluding C&D Debris Collected in the City. 1607 Recyclable Materials = total Tons of Recyclable Materials Collected / total Tons of all materials Collected 1608 excluding C&D Debris Collected in the City. 1609 In addition, Contractor shall provide compliance reports to the City for AB 341, AB 1826, and SB 1383. 1610 Contractor shall submit to the City as a part of the Quarterly report (submitted in accordance with Section 1611 6.2) an AB 341 and AB 1826 compliance report containing a list of Commercial Customers with Discarded 1612 Materials Service Levels of two (2) or more cubic yards per week that do not currently subscribe to Organic 1613 Materials Collection Service, Commercial Customers with Discarded Materials Service Levels of four (4) or 1614 more cubic yards per week that do not currently subscribe to Recyclable Materials Collection Service, and 1615 Multi-Family Customers that do not subscribe to Recyclable and/or Organic Materials Collection Service. 1616 This list shall indicate whether Contractor is providing Recyclable Materials and/or Organic Materials 1617 Collection services to each such Customer. For Customers on this list who do not subscribe to Recyclable 1618 Materials or Organic Materials Collection from Contractor, Contractor shall determine and report if that 1619 Customer is in compliance with the AB 341, and AB 1826 Commercial Recycling mandates through some 1620 other approved method, including, but not limited to, Recycling with another City-approved service 1621 provider (in accordance with Section 1.2), self-hauling to a Recycling center, or back-hauling materials 1622 through their distribution system to a central location for Diversion. Quarterly AB 341/AB 1826 1623 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A