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03
City of Pleasanton
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CITY CLERK
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2022
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060722
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6/2/2022 3:36:33 PM
Creation date
6/2/2022 3:27:07 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/7/2022
DESTRUCT DATE
15Y
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City of Pleasanton Article 3. Term of Agreement <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 23 June 7, 2022March 8, 2018 <br />3.2.4 Secretary’s Certification 696 <br />Exhibit J of this Agreement shall have been signed by the secretary of the Contractor and identifies the 697 <br />name of the Contractor’s representative that is authorized to execute this Agreement. 698 <br />3.3 Term 699 <br />The Term of this Agreement shall be Eleven (11) years from 12:01 a.m. on July 1, 2018 (Commencement 700 <br />Date) to midnight June 30, 2029, unless extended by City pursuant to Section 3.4 or terminated in 701 <br />accordance with Section 11.3. 702 <br />3.4 Option to Extend Term 703 <br />At the City’s sole discretion, the City shall have the option to extend this Agreement, up to sixty (60) 704 <br />months beyond the Term identified in Section 3.3, in one or more periods of at least twelve (12) months 705 <br />each pursuant to the terms and conditions of this Agreement. If the City elects to exercise the option, it 706 <br />shall give written notice of its election, specifying the number of months by which it elects to extend the 707 <br />Term, to the Contractor, one hundred eighty (180) calendar days prior to the initial expiration date or 708 <br />extended termination date of this Agreement. At the end of the Term (including any extensions), the City 709 <br />may extend the Agreement on the same terms contained herein without renegotiation (subject to the 710 <br />next paragraph), renegotiate the terms and conditions of the Agreement with the Contractor (subject to 711 <br />agreement by the Parties), or select another means to procure or provide Collection services. 712 <br />If the City chooses to extend the Agreement, the Parties shall meet and confer to discuss Collection vehicle 713 <br />needs and related costs, if any. The equipment replacement plans presented on Contractor’s depreciation 714 <br />schedule (Exhibit F) in Contractor’s proposed costs shall serve as the basis for negotiations. The extension 715 <br />to the Agreement may be approved if the Parties agree on how the incremental increase in depreciation 716 <br />and interest expenses above those existing prior to the extension of the Agreement, shall be treated 717 <br />during the extension period. Should the Parties fail to reach agreement, the matter shall be submitted to 718 <br />binding arbitration. 719 <br />The City has no obligation to renegotiate, renew, or extend the rights granted to Contractor beyond the 720 <br />initial Term of the Agreement identified in Section 3.3. 721
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