PLEASANTON GARBAGE FRANCHISE AGREEMENT 2018

City of Pleasanton Article 4. Scope of Agreement Franchise Agreement with Pleasanton Garbage Service 714 G. Hazardous Waste and Designated Waste. Hazardous Waste and Designated Waste regardless of 715 its source;and, 716 H. Materials Generated by Public School, County, and Federal Facilities. Materials generated by 717 public schools, county, and federal facilities located in the City provided that the Generator has 718 arranged services with other Persons or has arranged services with the Contractor through a 719 separate agreement. 720 I. Temporary Drop Box Collection after Rate Period One. In the event that Contractor fails to achieve 721 the minimum C&D Diversion Rate from residents and businesses where it is the arranger for these 722 services required by Section 5.7 in Rate Period One or should the Contractor fail to perform its 723 obligations as part of a developer's plan where it is not the sole provider of C&D Collection and 724 Diversion services, then, the Contractor shall be subject to Liquidated Damages as described in 725 Section 11.6 of this Agreement. 726 Contractor acknowledges and agrees that the City may permit other Persons besides the Contractor to 727 Collect any and all types of materials excluded from the scope of this Franchise,as set forth above,without 728 seeking or obtaining approval of Contractor. If Contractor can produce evidence that other Persons are 729 servicing Collection Containers or are Collecting and Transporting Solid Waste, Recyclable Materials, 730 and/or Organic Materials in a manner that is not consistent with the City's Municipal Code or the exclusive 731 rights granted to Contractor hereunder, it shall report the location, the name and phone number of the 732 Person or company to the City along with Contractor's evidence of the violation of the exclusiveness of 733 this Franchise. The receipt of this information does not obligate the City to take any action, provided 734 however that Contractor shall have the right to seek judicial or other lawful relief for violations of its 735 exclusive rights under this Agreement. 736 The City shall not be responsible for any lost profits or losses claimed by Contractor to arise out of 737 limitations of the scope of the Agreement set forth herein. In such an event, it shall be the responsibility 738 of Contractor to minimize the financial impact to other services being provided as much as possible. 739 4.3 City-Directed Changes 740 A. Types of Changes. City may, by written notice, direct Contractor to perform additional services or 741 modify existing services; provided, however, that in no case shall City terminate services provided 742 by Contractor hereunder and grant any other Person the right to provide such services, unless 743 specifically provided for in Section 4.3.B below. For example, and without limitation,the City may 744 request the following: 745 1. Collection of certain materials,which were originally Solid Waste, but during the Term can, in 746 the reasonable opinion of the City, be economically Diverted from Disposal; 747 2. Inclusion of new Diversion programs; 748 3. Expansion of public education activities; 749 4. Elimination of programs; 750 5. Modification of the manner in which Contractor performs existing services; 751 6. Performance of pilot programs; City of Pleasanton Page 25 March 8, 2018