Agmt 2000 Alameda County Industries Inc ACI

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5.5 CHANGE IN OPERATIONSIADMINISTRATION OR SCHEDULE The Contractor shall notify the City Representative in writing of any material changes in Franchise Services operations (e.g. vehicle routes, equipment type or number, crew size), administration (e.g., management and employees), and schedule at the time such material change is implemented. Any changes to the collection operation shall meet the service standards and other terms of this Agreement and shall be approved by the City Representative. In the case of changes to the collection schedule the Contractor must notify all affected Customers at least (14) days prior to any change in the collection day. The Contractor shall not permit any Customer to go more than seven (7) days without service in connection with a collection schedule change. 5.6 REPORT ACCUMULATION OF SOLID WASTE: UNAUTHORIZED DUMPING The Contractor shall direct its drivers to note the addresses of any premises at which they observe significant and ongoing accumulation of Solid Waste that is not being delivered for collection, and the address, or other location description, at which Solid Waste has been dumped in an apparently unauthorized manner. The Contractor shall deliver the address or description to the City Representative within three (3) working days of such observation. 5.7 MODIFICATION OF FRANCHISE SERVICES Upon receiving a written request from the City, the Contractor shall provide reasonable modification of any Franchise Service subject to establishment of appropriate compensation for providing the service. Such a service modification may include, but not be limited tQ the addition or deletion of specific Residential Recycling materials. Granting of any such modified Franchise Service shall be contingent upon the City approval of an amended Rate. It is the intention of the Parties that in establishing an amended Rate for modified services, that the Contractor receive a fair and reasonable rate of return on its investment. 5.8 ADDITION OF NEW NON-FRANCHISE SERVICES Upon receiving a written request from the City the Contractor shall provide any other exclusive or non- exclusive services not covered by this Franchise, and that it is qualified to provide, subject to establishment of appropriate compensation for providing the service. The Contractor shall negotiate in good faith regarding the cost of providing a new Franchise service. Granting of any such new service shall be contingent upon the City approval of an amended or new Rate. It is the intention of the Parties that in establishing a new Rate that the Contractor receive a fair and reasonable rate of return on its investment 5.9 CONTINGENCY PLAN The Contractor shall submit to the City within ninety (90) days of the Effective Date of this Agreement a written "Contingency Plan" demonstrating the Contractor's specific arrangements to provide vehicles and personnel and to maintain uninterrupted service during mechanical breakdowns, natural disasters, strikes, work stoppages or other emergencies, including events described in Article 11.6. The contingency plan is subject to review and approval of the City Representative. 7:\wpa\atatPakm\franchisenev2.wpa 02/01/00 Page 29 of 59