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RES 221299
City of Pleasanton
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CITY CLERK
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2020-present
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2022
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RES 221299
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7/14/2022 11:14:47 AM
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6/22/2022 11:32:12 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/7/2022
DESTRUCT DATE
PERMANENT
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City of Pleasanton Article 6. Other Related Services and Standards <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 91 June 7, 2022 <br />changes as appropriate. Contractor shall revise the Annual Report to incorporate changes requested by 3261 <br />the City and shall submit the revised Annual Report to the City within ten (10) calendar days of receipt of 3262 <br />the City’s comments. The City shall be responsible for submitting the revised Annual Report to the State 3263 <br />in accordance with the State’s annual reporting deadline. In the event the Contractor does not submit 3264 <br />the draft Annual Report or revised Annual Report in accordance with the timeline described in this Section, 3265 <br />the Contractor shall pay the City Liquidated Damages as described in Section 11.6. 3266 <br />6.4.2 Reports to StopWaste 3267 <br />Contractor shall prepare the Annual Measure D Programs Report, as well as any other reports required 3268 <br />by StopWaste, in draft form on behalf of the City. Contractor shall submit a draft report to the City, 3269 <br />including supporting documentation and calculations, for review no later than forty-five (45) calendar 3270 <br />days prior to StopWaste’s applicable reporting deadline. The City shall review the draft report and may 3271 <br />request that Contractor modify the report and/or direct Contractor to investigate any opportunities to 3272 <br />correct possible inaccuracies, and request other changes as appropriate. Contractor shall revise the 3273 <br />report to incorporate changes requested by the City and shall submit the revised report to the City within 3274 <br />ten (10) calendar days of receipt of the City’s comments. The City shall be responsible for submitting the 3275 <br />revised report to StopWaste in accordance with the StopWaste’s reporting deadline. In the event the 3276 <br />Contractor does not submit a draft report or revised report in accordance with the timeline described in 3277 <br />this Section, the Contractor shall pay the City Liquidated Damages as described in Section 11.6. 3278 <br />6.5 Meet and Confer with City 3279 <br />If the City requests, the Contractor shall meet with the City to describe the progress of each active 3280 <br />Diversion program and discuss other service issues. Contractor shall document the results of the 3281 <br />programs on a monthly basis, including at a minimum the Tonnage Diverted by material type, the end use 3282 <br />or Processing Site of the Diverted materials and the cost per Ton for Transporting and Processing each 3283 <br />type of material and other such information requested by the Contractor and/or City necessary to 3284 <br />evaluate the performance of each program. 3285 <br />At each meeting, the City and Contractor shall have the opportunity to revise the program based on 3286 <br />mutually agreed upon terms in accordance with provisions of Section 8.5. The City shall have the right to 3287 <br />terminate a program if, in its sole discretion, the Contractor is not cost effectively achieving the program’s 3288 <br />goals and objectives. Prior to such termination, the City shall meet and confer with the Contractor for a 3289 <br />period of up to ninety (90) calendar days to resolve the City’s concerns (“meet and confer period”). 3290 <br />Thereafter, the City may utilize a third party to perform these services if the City reasonably believes the 3291 <br />third party can improve on Contractor’s performance and/or cost. Notwithstanding these changes, 3292 <br />Contractor shall continue the program during the “meet and confer period” and, thereafter, until the third 3293 <br />party takes over the program. 3294 <br />6.6 City Contract Manager 3295 <br />The City has designated the City Contract Manager to be responsible for the monitoring and 3296 <br />administration of this Agreement. Contractor shall meet and confer with the City Contract Manager to 3297 <br />resolve differences of interpretation and implement and execute the requirements of this Agreement in 3298 <br />an efficient and effective manner that is consistent with the stated objectives of this Agreement. 3299
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