RES 221299 - Laserfiche WebLink

City of Pleasanton Article 4. Scope of Agreement Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 26 June 7, 2022 8. Plans and schedule for implementing the service change. 842 The City shall review the Contractor’s proposal for the change in scope of services. The City may 843 negotiate with the Contractor to amend the Agreement to reflect the change in scope or the City 844 may choose not to negotiate with the Contractor. 845 If the City chooses to negotiate with the Contractor and the Contractor and City cannot agree on 846 terms and conditions of such services within one hundred twenty (120) calendar days from the 847 date when City first requests a proposal from Contractor to perform such services, Contractor 848 acknowledges and agrees that City may permit other Persons besides Contractor to provide 849 additional Solid Waste, Recyclable Materials, and Organic Materials Collection and Diversion 850 services which do not conflict with the exclusive rights granted to Contractor pursuant to this 851 Agreement. 852 C. Adjustment to Contractor’s Compensation. If the City directs a change in scope or change in one 853 or more Approved Facilities, Contractor may be entitled to an adjustment in its compensation in 854 accordance with Section 8.5. 855 D. Implementation of New Services. The Contractor’s implementation of the new services, 856 modification to existing service, or change in the Approved Facility shall occur in a timely, smooth, 857 and seamless manner such that Customers and/or Generators do not experience disruption in 858 Collection services. Contactor shall be responsible for managing the implementation of new or 859 modified Collection services or change in the Approved Facility and other related services and shall 860 do so in accordance with an implementation plan that has been approved by the City. 861 E. Monitoring and Evaluation of Changes in Scope. At the City’s request, the Contractor shall meet 862 with the City to describe the progress of implementing the change in scope. If applicable, and 863 requested by the City, the Contractor shall document the results of the new or modified services on 864 a monthly basis, including, at a minimum, the Tonnage Diverted by material type, the end use or 865 processor of the Diverted materials, the cost per Ton for Transporting and Processing each type of 866 material, and other such information requested by the City that is necessary to evaluate the 867 performance of each program change. 868 At each status meeting, the City and Contractor shall have the opportunity to revise the program or 869 services based on mutually agreed upon terms in accordance with provisions of this Section. The 870 City shall have the right to terminate a program if, in its sole discretion, the Contractor is not 871 achieving the program goals and objectives in a cost-effective manner. Before such termination, 872 the City shall meet and confer with the Contractor for a period not to exceed ninety (90) calendar 873 days to resolve the City’s concerns (“meet and confer period”). Thereafter, the City may utilize a 874 third party to perform these services if the City reasonably believes the third party can improve 875 Contractor’s performance and/or cost. Notwithstanding these changes, Contractor shall continue 876 the program during the “meet and confer period” and, thereafter, until the third party takes over 877 the program. 878 F. Changes Related to Existing Regulations. The Parties acknowledged that as of March 20, 2018, 879 legislation, including, but not limited to, SB 1383, existed which had been passed by the State but 880 had not been fully implemented within the State. The Parties agreed that as the appropriate 881 regulatory bodies continued to develop implementation strategies and requirements regarding 882