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 91 June 7, 2022 changes as appropriate. Contractor shall revise the Annual Report to incorporate changes requested by 3261 the City and shall submit the revised Annual Report to the City within ten (10) calendar days of receipt of 3262 the City’s comments. The City shall be responsible for submitting the revised Annual Report to the State 3263 in accordance with the State’s annual reporting deadline. In the event the Contractor does not submit 3264 the draft Annual Report or revised Annual Report in accordance with the timeline described in this Section, 3265 the Contractor shall pay the City Liquidated Damages as described in Section 11.6. 3266 6.4.2 Reports to StopWaste 3267 Contractor shall prepare the Annual Measure D Programs Report, as well as any other reports required 3268 by StopWaste, in draft form on behalf of the City. Contractor shall submit a draft report to the City, 3269 including supporting documentation and calculations, for review no later than forty-five (45) calendar 3270 days prior to StopWaste’s applicable reporting deadline. The City shall review the draft report and may 3271 request that Contractor modify the report and/or direct Contractor to investigate any opportunities to 3272 correct possible inaccuracies, and request other changes as appropriate. Contractor shall revise the 3273 report to incorporate changes requested by the City and shall submit the revised report to the City within 3274 ten (10) calendar days of receipt of the City’s comments. The City shall be responsible for submitting the 3275 revised report to StopWaste in accordance with the StopWaste’s reporting deadline. In the event the 3276 Contractor does not submit a draft report or revised report in accordance with the timeline described in 3277 this Section, the Contractor shall pay the City Liquidated Damages as described in Section 11.6. 3278 6.5 Meet and Confer with City 3279 If the City requests, the Contractor shall meet with the City to describe the progress of each active 3280 Diversion program and discuss other service issues. Contractor shall document the results of the 3281 programs on a monthly basis, including at a minimum the Tonnage Diverted by material type, the end use 3282 or Processing Site of the Diverted materials and the cost per Ton for Transporting and Processing each 3283 type of material and other such information requested by the Contractor and/or City necessary to 3284 evaluate the performance of each program. 3285 At each meeting, the City and Contractor shall have the opportunity to revise the program based on 3286 mutually agreed upon terms in accordance with provisions of Section 8.5. The City shall have the right to 3287 terminate a program if, in its sole discretion, the Contractor is not cost effectively achieving the program’s 3288 goals and objectives. Prior to such termination, the City shall meet and confer with the Contractor for a 3289 period of up to ninety (90) calendar days to resolve the City’s concerns (“meet and confer period”). 3290 Thereafter, the City may utilize a third party to perform these services if the City reasonably believes the 3291 third party can improve on Contractor’s performance and/or cost. Notwithstanding these changes, 3292 Contractor shall continue the program during the “meet and confer period” and, thereafter, until the third 3293 party takes over the program. 3294 6.6 City Contract Manager 3295 The City has designated the City Contract Manager to be responsible for the monitoring and 3296 administration of this Agreement. Contractor shall meet and confer with the City Contract Manager to 3297 resolve differences of interpretation and implement and execute the requirements of this Agreement in 3298 an efficient and effective manner that is consistent with the stated objectives of this Agreement. 3299