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City of Pleasanton Article 6. Other Related Services and Standards Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 94 June 7, 2022March 8, 2018 third party can improve on Contractor’s performance and/or cost. Notwithstanding these changes, 3267 Contractor shall continue the program during the “meet and confer period” and, thereafter, until the third 3268 party takes over the program. 3269 6.6 City Contract Manager 3270 The City has designated the City Contract Manager to be responsible for the monitoring and 3271 administration of this Agreement. Contractor shall meet and confer with the City Contract Manager to 3272 resolve differences of interpretation and implement and execute the requirements of this Agreement in 3273 an efficient and effective manner that is consistent with the stated objectives of this Agreement. 3274 From time to time, the City Contract Manager may designate other agents at the City to work with 3275 Contractor on specific matters. In such cases, those individuals shall be considered designates of the City 3276 Contract Manager for those matters to which they have been engaged. Such designates shall be afforded 3277 all of the rights and access granted thereto. In the event of a dispute between the City Contract Manager’s 3278 designate and Contractor, the City Contract Manager’s determination shall be conclusive. 3279 In the event of dispute between the City Contract Manager and the Contractor regarding the 3280 interpretation of, or the performance of services under, this Agreement, the City Contract Manager’s 3281 determination shall be conclusive except where each such determination results in a material impact to 3282 the Contractor’s revenue and/or cost of operations. In the event of a dispute between the City Contract 3283 Manager and the Contractor that results in such material impact to the Contractor, Contractor may appeal 3284 the determination of the City Contract Manager to the City Council, whose determination shall be 3285 conclusive. For the purposes of this definition, “material impact” is an amount equal to or greater than 3286 one-quarter of one percent (0.25%) of annual Gross Rate Revenues. 3287 The City Contract Manager is authorized and empowered to adjust, settle, or compromise any controversy 3288 or charge arising from the operations under this Agreement, either on behalf of the City, Contractor, or 3289 the public, pursuant to the Municipal Code. 3290 6.7 Inspection by City 3291 The City Contract Manager or their designee shall have the right to inspect or review payroll tax reports, 3292 specific documents or records required pursuant to this Agreement, or any other similar records or reports 3293 of the Contractor that it shall deem, at its sole discretion, necessary to evaluate annual reports, Rate 3294 adjustment applications provided for in this Agreement, and the Contractor’s performance provided for 3295 in this Agreement. 3296 City Contract Manager or their designee shall have the right to observe and review Contractor operations 3297 and Approved Facilities and enter the premises for the purposes of such observation and review, during 3298 reasonable hours with reasonable notice. In no event shall Contractor prevent access to such Approved 3299 Facility premises for a period of more than three (3) days after receiving such a request. 3300