PLEASANTON GARBAGE FRANCHISE AGREEMENT 2018

City of Pleasanton Article 4. Scope of Agreement Franchise Agreement with Pleasanton Garbage Service 789 C. Adjustment to Contractor's Compensation. If the City directs a change in scope or change in one 790 or more Approved Facility, Contractor may be entitled to an adjustment in its compensation in 791 accordance with Section 8.5. 792 D. Implementation of New Services. The Contractor's implementation of the new services, 793 modification to existing service, or change in the Approved Disposal Site, Approved Recyclable 794 Materials Processing Site, or Approved Organic Materials Processing Site shall occur in a timely, 795 smooth, and seamless manner such that Customers and/or Generators do not experience 796 disruption in Collection services. Contactor shall be responsible for managing the implementation 797 of new or modified Collection services or change in the Approved Disposal Site,Approved Recyclable 798 Materials Processing Site,or Approved Organic Materials Processing Site and other related services 799 and shall do so in accordance with an implementation plan that has been approved by the City. 800 E. Monitoring and Evaluation of Changes in Scope. At the City's request, the Contractor shall meet 801 with the City to describe the progress of implementing the change in scope. If applicable, and 802 requested by the City,the Contractor shall document the results of the new or modified services on 803 a monthly basis, including, at a minimum, the Tonnage Diverted by material type, the end use or 804 processor of the Diverted materials,the cost per Ton for Transporting and Processing each type of 805 material, and other such information requested by the City that is necessary to evaluate the 806 performance of each program change. 807 At each status meeting,the City and Contractor shall have the opportunity to revise the program or 808 services based on mutually agreed upon terms in accordance with provisions of this Section. The 809 City shall have the right to terminate a program if, in its sole discretion, the Contractor is not 810 achieving the program goals and objectives in a cost-effective manner. Before such termination, 811 the City shall meet and confer with the Contractor for a period not to exceed ninety (90) calendar 812 days to resolve the City's concerns ("meet and confer period"). Thereafter, the City may utilize a 813 third party to perform these services if the City reasonably believes the third party can improve 814 Contractor's performance and/or cost. Notwithstanding these changes, Contractor shall continue 815 the program during the "meet and confer period" and, thereafter, until the third party takes over 816 the program. 817 F. Changes Related to Existing Regulations. The Parties acknowledge that as of March 20, 2018, 818 legislation, including, but not limited to,SB 1383,exists which has been passed by the State but has 819 not been fully implemented within the State. The Parties agree that as the appropriate regulatory 820 bodies continue to develop implementation strategies and requirements regarding such existing 821 legislation, the Parties will meet and confer as requested by Contractor or the City Contract 822 Manager or their designee to discuss how such legislation may impact the services provided under 823 this Agreement. Prior to such meet and confer period, Contractor agrees to minimize actions (such 824 as replacement of Collection vehicles)that may be affected by such legislation. Notwithstanding the 825 foregoing, the Parties agree that changes to this Agreement resulting from legislation which has 826 been passed, but for which rules and regulations have not been promulgated prior to March 20, 827 2018,shall be considered changes resulting from a Change in Law once such rules are promulgated. City of Pleasanton Page 27 March 8, 2018