PLEASANTON GARBAGE FRANCHISE AGREEMENT 2022

City of Pleasanton Article 6. Other Related Services and Standards Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 78 June 7, 2022 considered a material breach and may result in termination of this Agreement in accordance with Article 2773 11. 2774 6.2.2 Maintenance of Financial and Operational Records 2775 A. General. In order to effectuate the periodic financial review to determine Rates pursuant to Article 2776 8, it is necessary for Contractor to maintain accurate, detailed financial and operational information 2777 in a consistent format and to make such information available to the City in a timely fashion. 2778 B. Contractor's Accounting Records. Contractor shall maintain accurate and complete accounting 2779 records containing the underlying financial and operating data relating to and showing the basis for 2780 computation of all costs associated with providing services under this Agreement. The accounting 2781 records shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP) or, 2782 with the City’s written approval, the Financial Reporting Framework for Small and Medium Sized 2783 Entities established by the AICPA consistently applied. 2784 C. Inspection of Records. The City, its auditors, and other agents, shall have the right, during regular 2785 business hours, to conduct unannounced on-site inspections of the records and accounting systems 2786 of Contractor and to make copies of any documents it deems relevant to this Agreement. In the 2787 event the Person responsible for such records and systems is not on the premises at the time the 2788 City, its auditors, or other agents visit Contractor’s facilities, Contractor shall not be in breach of this 2789 Agreement and the City shall give notice requesting access to the records and Contractor shall make 2790 arrangements for City, its auditors, or other agents to conduct the on-site inspection within twenty-2791 four (24) hours of such notice. The City’s right to inspection of records under this paragraph shall 2792 continue for at least five (5) years after the expiration or earlier termination of this Agreement; 2793 however, after expiration or termination of this Agreement, the City shall provide Contractor with 2794 written request to inspect records and Contractor shall make records available for inspection within 2795 one (1) week of such request. 2796 D. Retention of Records. Unless otherwise herein required, Contractor shall retain all records and 2797 data required to be maintained by this Agreement for at least five (5) years after the expiration or 2798 earlier termination of this Agreement. 2799 Records and data required to be maintained that are specifically directed to be retained shall be 2800 retrieved by Contractor and made available to the City. 2801 Records and data required to be maintained that are not specifically directed to be retained that 2802 are, in the sole opinion of the City, material to the financial review to determine Rates or to 2803 determine Contractor's performance under this Agreement, shall be retrieved by Contractor and 2804 made available to the City. 2805 Records and data required to be maintained that are not specifically directed to be retained and 2806 that are not material to a financial review to determine Rates and/or not required for the 2807 determination of the Contractor's performance or regulatory compliance do not need to be 2808 retrieved by Contractor. In such a case, however, the City may make reasonable assumptions 2809 regarding what information is contained in such records and data, and such assumption(s) shall be 2810 conclusive in whatever action the City takes. 2811