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City of Pleasanton Article 4. Scope of Agreement Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 28 June 7, 2022March 8, 2018 the projections and the support for those assumptions, giving full effect to the savings or costs 866 to existing services. 867 8. Plans and schedule for implementing the service change. 868 The City shall review the Contractor’s proposal for the change in scope of services. The City may 869 negotiate with the Contractor to amend the Agreement to reflect the change in scope or the City 870 may choose not to negotiate with the Contractor. 871 If the City chooses to negotiate with the Contractor and the Contractor and City cannot agree on 872 terms and conditions of such services within one hundred twenty (120) calendar days from the 873 date when City first requests a proposal from Contractor to perform such services, Contractor 874 acknowledges and agrees that City may permit other Persons besides Contractor to provide 875 additional Solid Waste, Recyclable Materials, and Organic Materials Collection and Diversion 876 services which do not conflict with the exclusive rights granted to Contractor pursuant to this 877 Agreement. 878 C. Adjustment to Contractor’s Compensation. If the City directs a change in scope or change in one 879 or more Approved Facility, Contractor may be entitled to an adjustment in its compensation in 880 accordance with Section 8.5. 881 D. Implementation of New Services. The Contractor’s implementation of the new services, 882 modification to existing service, or change in the Approved Disposal Site, Approved Recyclable 883 Materials Processing Site, or Approved Organic Materials Processing Site shall occur in a timely, 884 smooth, and seamless manner such that Customers and/or Generators do not experience 885 disruption in Collection services. Contactor shall be responsible for managing the implementation 886 of new or modified Collection services or change in the Approved Disposal Site, Approved Recyclable 887 Materials Processing Site, or Approved Organic Materials Processing Site and other related services 888 and shall do so in accordance with an implementation plan that has been approved by the City. 889 E. Monitoring and Evaluation of Changes in Scope. At the City’s request, the Contractor shall meet 890 with the City to describe the progress of implementing the change in scope. If applicable, and 891 requested by the City, the Contractor shall document the results of the new or modified services on 892 a monthly basis, including, at a minimum, the Tonnage Diverted by material type, the end use or 893 processor of the Diverted materials, the cost per Ton for Transporting and Processing each type of 894 material, and other such information requested by the City that is necessary to evaluate the 895 performance of each program change. 896 At each status meeting, the City and Contractor shall have the opportunity to revise the program or 897 services based on mutually agreed upon terms in accordance with provisions of this Section. The 898 City shall have the right to terminate a program if, in its sole discretion, the Contractor is not 899 achieving the program goals and objectives in a cost-effective manner. Before such termination, 900 the City shall meet and confer with the Contractor for a period not to exceed ninety (90) calendar 901 days to resolve the City’s concerns (“meet and confer period”). Thereafter, the City may utilize a 902 third party to perform these services if the City reasonably believes the third party can improve 903 Contractor’s performance and/or cost. Notwithstanding these changes, Contractor shall continue 904 the program during the “meet and confer period” and, thereafter, until the third party takes over 905 the program. 906