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RES 221299
City of Pleasanton
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CITY CLERK
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2022
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RES 221299
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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 6. Other Related Services and Standards <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 78 June 7, 2022 <br />considered a material breach and may result in termination of this Agreement in accordance with Article 2773 <br />11. 2774 <br />6.2.2 Maintenance of Financial and Operational Records 2775 <br />A. General. In order to effectuate the periodic financial review to determine Rates pursuant to Article 2776 <br />8, it is necessary for Contractor to maintain accurate, detailed financial and operational information 2777 <br />in a consistent format and to make such information available to the City in a timely fashion. 2778 <br />B. Contractor's Accounting Records. Contractor shall maintain accurate and complete accounting 2779 <br />records containing the underlying financial and operating data relating to and showing the basis for 2780 <br />computation of all costs associated with providing services under this Agreement. The accounting 2781 <br />records shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP) or, 2782 <br />with the City’s written approval, the Financial Reporting Framework for Small and Medium Sized 2783 <br />Entities established by the AICPA consistently applied. 2784 <br />C. Inspection of Records. The City, its auditors, and other agents, shall have the right, during regular 2785 <br />business hours, to conduct unannounced on-site inspections of the records and accounting systems 2786 <br />of Contractor and to make copies of any documents it deems relevant to this Agreement. In the 2787 <br />event the Person responsible for such records and systems is not on the premises at the time the 2788 <br />City, its auditors, or other agents visit Contractor’s facilities, Contractor shall not be in breach of this 2789 <br />Agreement and the City shall give notice requesting access to the records and Contractor shall make 2790 <br />arrangements for City, its auditors, or other agents to conduct the on-site inspection within twenty-2791 <br />four (24) hours of such notice. The City’s right to inspection of records under this paragraph shall 2792 <br />continue for at least five (5) years after the expiration or earlier termination of this Agreement; 2793 <br />however, after expiration or termination of this Agreement, the City shall provide Contractor with 2794 <br />written request to inspect records and Contractor shall make records available for inspection within 2795 <br />one (1) week of such request. 2796 <br />D. Retention of Records. Unless otherwise herein required, Contractor shall retain all records and 2797 <br />data required to be maintained by this Agreement for at least five (5) years after the expiration or 2798 <br />earlier termination of this Agreement. 2799 <br /> Records and data required to be maintained that are specifically directed to be retained shall be 2800 <br />retrieved by Contractor and made available to the City. 2801 <br /> Records and data required to be maintained that are not specifically directed to be retained that 2802 <br />are, in the sole opinion of the City, material to the financial review to determine Rates or to 2803 <br />determine Contractor's performance under this Agreement, shall be retrieved by Contractor and 2804 <br />made available to the City. 2805 <br /> Records and data required to be maintained that are not specifically directed to be retained and 2806 <br />that are not material to a financial review to determine Rates and/or not required for the 2807 <br />determination of the Contractor's performance or regulatory compliance do not need to be 2808 <br />retrieved by Contractor. In such a case, however, the City may make reasonable assumptions 2809 <br />regarding what information is contained in such records and data, and such assumption(s) shall be 2810 <br />conclusive in whatever action the City takes. 2811
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