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City of Pleasanton Article 6. Other Related Services and Standards Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 93 June 7, 2022March 8, 2018 6.4 Annual Reports Required by Law 3227 6.4.1 Reports to CalRecycle 3228 Contractor shall prepare the Annual Report required by AB 939 in draft form on behalf of the City as 3229 specified in Title 14, California Code of Regulations, Section 18794. Contractor shall submit a draft of the 3230 Annual Report to the City, including supporting documentation and calculations, for review no later than 3231 forty-five (45) calendar days prior to the State’s annual reporting deadline. The City shall review the draft 3232 Annual Report and may request that Contractor modify the report and/or direct Contractor to investigate 3233 any opportunities to correct possible inaccuracies in the Tonnage reflected in the California Integrated 3234 Waste Management Board’s Disposal Reporting System, and request other changes as appropriate. 3235 Contractor shall revise the Annual Report to incorporate changes requested by the City and shall submit 3236 the revised Annual Report to the City within ten (10) calendar days of receipt of the City’s comments. The 3237 City shall be responsible for submitting the revised Annual Report to the State in accordance with the 3238 State’s annual reporting deadline. In the event the Contractor does not submit the draft Annual Report 3239 or revised Annual Report in accordance with the timeline described in this Section, the Contractor shall 3240 pay the City Liquidated Damages as described in Section 11.6. 3241 6.4.2 Reports to StopWaste 3242 Contractor shall prepare the Annual Measure D Programs Report, as well as any other reports required 3243 by StopWaste, in draft form on behalf of the City. Contractor shall submit a draft report to the City, 3244 including supporting documentation and calculations, for review no later than forty-five (45) calendar 3245 days prior to StopWaste’s applicable reporting deadline. The City shall review the draft report and may 3246 request that Contractor modify the report and/or direct Contractor to investigate any opportunities to 3247 correct possible inaccuracies, and request other changes as appropriate. Contractor shall revise the 3248 report to incorporate changes requested by the City and shall submit the revised report to the City within 3249 ten (10) calendar days of receipt of the City’s comments. The City shall be responsible for submitting the 3250 revised report to StopWaste in accordance with the StopWaste’s reporting deadline. In the event the 3251 Contractor does not submit a draft report or revised report in accordance with the timeline described in 3252 this Section, the Contractor shall pay the City Liquidated Damages as described in Section 11.6. 3253 6.5 Meet and Confer with City 3254 If the City requests, the Contractor shall meet with the City to describe the progress of each active 3255 Diversion program and discuss other service issues. Contractor shall document the results of the 3256 programs on a monthly basis, including at a minimum the Tonnage Diverted by material type, the end use 3257 or Processing Site of the Diverted materials and the cost per Ton for Transporting and Processing each 3258 type of material and other such information requested by the Contractor and/or City necessary to 3259 evaluate the performance of each program. 3260 At each meeting, the City and Contractor shall have the opportunity to revise the program based on 3261 mutually agreed upon terms in accordance with provisions of Section 8.5. The City shall have the right to 3262 terminate a program if, in its sole discretion, the Contractor is not cost effectively achieving the program’s 3263 goals and objectives. Prior to such termination, the City shall meet and confer with the Contractor for a 3264 period of up to ninety (90) calendar days to resolve the City’s concerns (“meet and confer period”). 3265 Thereafter, the City may utilize a third party to perform these services if the City reasonably believes the 3266