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RES 221299
City of Pleasanton
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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 92 June 7, 2022 <br />From time to time, the City Contract Manager may designate other agents at the City to work with 3300 <br />Contractor on specific matters. In such cases, those individuals shall be considered designees of the City 3301 <br />Contract Manager for those matters to which they have been engaged. Such designees shall be afforded 3302 <br />all of the rights and access granted thereto. In the event of a dispute between the City Contract Manager’s 3303 <br />designee and Contractor, the City Contract Manager’s determination shall be conclusive. 3304 <br />In the event of dispute between the City Contract Manager and the Contractor regarding the 3305 <br />interpretation of, or the performance of services under, this Agreement, the City Contract Manager’s 3306 <br />determination shall be conclusive except where each such determination results in a material impact to 3307 <br />the Contractor’s revenue and/or cost of operations. In the event of a dispute between the City Contract 3308 <br />Manager and the Contractor that results in such material impact to the Contractor, Contractor may appeal 3309 <br />the determination of the City Contract Manager to the City Council, whose determination shall be 3310 <br />conclusive. For the purposes of this definition, “material impact” is an amount equal to or greater than 3311 <br />one-quarter of one percent (0.25%) of annual Gross Rate Revenues. 3312 <br />The City Contract Manager is authorized and empowered to adjust, settle, or compromise any controversy 3313 <br />or charge arising from the operations under this Agreement, either on behalf of the City, Contractor, or 3314 <br />the public, pursuant to the Municipal Code. 3315 <br />6.7 Inspection by City 3316 <br />The City Contract Manager or their designee shall have the right to inspect or review payroll tax reports, 3317 <br />specific documents or records required pursuant to this Agreement, or any other similar records or reports 3318 <br />of the Contractor that it shall deem, at its sole discretion, necessary to evaluate annual reports, Rate 3319 <br />adjustment applications provided for in this Agreement, and the Contractor’s performance provided for 3320 <br />in this Agreement. 3321 <br />City Contract Manager or their designee shall have the right to observe and review Contractor operations 3322 <br />and Approved Facilities and enter the premises for the purposes of such observation and review, during 3323 <br />reasonable hours with reasonable notice. In no event shall Contractor prevent access to such Approved 3324 <br />Facility premises for a period of more than three (3) days after receiving such a request. 3325 <br />6.8 Customer Service Program 3326 <br />6.8.1 Office Location 3327 <br />Contractor shall maintain a business office in the City, or such other location as the City approves, for 3328 <br />purposes of carrying out its obligations under this Agreement, such approval not beg unreasonably 3329 <br />withheld. If the office is located outside of the City, Contractor must ensure that telephone calls to its 3330 <br />office from locations within the City are toll free calls or are billed to Customers as “local calls” by all 3331 <br />telephone companies. 3332 <br />6.8.2 Office Hours 3333 <br />Contractor’s office shall be open to the public from 8:00 a.m. to 6:00 p.m. Monday through Friday. The 3334 <br />office may be closed on Saturdays, Sundays, and Holidays (as defined in Article 1). 3335
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