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RES 221299
City of Pleasanton
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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 3. Term of Agreement <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 21 June 7, 2022 <br />3.3 Term 674 <br />The Term of this Agreement shall be eleven (11) years from 12:01 a.m. on July 1, 2018 (Commencement 675 <br />Date) to midnight June 30, 2029, unless extended by City pursuant to Section 3.4 or terminated in 676 <br />accordance with Section 11.3. 677 <br />3.4 Option to Extend Term 678 <br />At the City’s sole discretion, the City shall have the option to extend this Agreement, up to sixty (60) 679 <br />months beyond the Term identified in Section 3.3, in one or more periods of at least twelve (12) months 680 <br />each pursuant to the terms and conditions of this Agreement. If the City elects to exercise the option, it 681 <br />shall give written notice of its election, specifying the number of months by which it elects to extend the 682 <br />Term, to the Contractor, one hundred eighty (180) calendar days prior to the initial expiration date or 683 <br />extended termination date of this Agreement. At the end of the Term (including any extensions), the City 684 <br />may extend the Agreement on the same terms contained herein without renegotiation (subject to the 685 <br />next paragraph), renegotiate the terms and conditions of the Agreement with the Contractor (subject to 686 <br />agreement by the Parties), or select another means to procure or provide Collection services. 687 <br />If the City chooses to extend the Agreement, the Parties shall meet and confer to discuss Collection vehicle 688 <br />needs and related costs, if any. The equipment replacement plans presented on Contractor’s depreciation 689 <br />schedule (Exhibit F) in Contractor’s proposed costs shall serve as the basis for negotiations. The extension 690 <br />to the Agreement may be approved if the Parties agree on how the incremental increase in depreciation 691 <br />and interest expenses above those existing prior to the extension of the Agreement, shall be treated 692 <br />during the extension period. Should the Parties fail to reach agreement, the matter shall be submitted to 693 <br />binding arbitration. 694 <br />The City has no obligation to renegotiate, renew, or extend the rights granted to Contractor beyond the 695 <br />initial Term of the Agreement identified in Section 3.3. 696
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