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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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Last modified
7/14/2022 11:14:47 AM
Creation date
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 12. Other Agreements of the Parties <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 130 June 7, 2022 <br />A. Contractor fails to comply with material obligation set forth in Articles 5, 6, 7, 9 or 12 of this 4665 <br />Agreement, subject to any cure provisions stated herein, or, 4666 <br />B. The Criminal Activity concerns or relates directly or indirectly to this Agreement. 4667 <br />Contractor shall be given the opportunity to present evidence in mitigation during the thirty (30) day 4668 <br />notice period. 4669 <br />12.17 Material Change Notification Process 4670 <br />Contractor recognizes that material changes in the number and type of Customers, the amount of Gross 4671 <br />Rate Revenue collected from Customers, Change in Law, and other factors may impact financial results 4672 <br />and expectations of or related to the Agreement. Therefore, the Contractor recognizes that it has an 4673 <br />obligation to provide timely notices to the City of such changes and agrees to exercise diligence in 4674 <br />monitoring conditions and to notify the City of any such changes or potential changes as soon as 4675 <br />Contractor is aware of such. 4676 <br />In addition, Contractor shall provide to City monthly reports tracking revenue billed and actual Gross Rate 4677 <br />Revenue received as required by monthly reporting requirements in Section 6.3.2.F and quarterly reports 4678 <br />as required by Section 6.3.3.L so that any material changes to revenues may be detected as quickly as 4679 <br />possible. Contractor and City shall, at an agreed to time, meet to discuss the results of such analysis. In 4680 <br />the event that there is a material difference between actual financial results and expectations, the City 4681 <br />shall be entitled to request from Contractor or Contractor on its own, may initiate a Special Rate Review 4682 <br />pursuant to Section 8.4. 4683
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