Agmt10 Recology San Mateo County

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• • 4429 15.12 RIGHT OF AGENCY TO MAKE CHANGES IN SERVICES AND SERVICE LEVELS 4430 A. Agency may, without amending this Agreement, direct Contractor to cease 4431 performing one or more types of service described in Articles 5 or 6, may direct 4432 Contractor to modify the scope of one or more such services, may direct 4433 Contractor to perform additional Solid Waste, Targeted Recyclable Materials, 4434 Organic Materials or Plant Materials handling services, may direct Contractor to 4435 take over the billing function from Agency, thereby requiring Contractor to directly 4436 bill Customers, or may otherwise direct Contractor to modify its performance under 4437 any other Section of this Agreement. Contractor shall promptly and cooperatively 4438 comply with such direction. 4439 B. If such changes cause an increase or decrease in the cost of performing the 4440 services, an equitable adjustment in the Contractor's Compensation shall be made 4441 pursuant to Article 11. Contractor will continue to perform the new or changed 4442 service while the appropriate adjustment in compensation is being determined. 4443 C. The Agency shall have the right to terminate a program if, in its discretion, the 4444 Contractor is not cost - effectively achieving the program's goals and objectives. 4445 Thereafter, the Agency may utilize a third party to perform these services if the 4446 Agency reasonably believes the third party can improve on Contractor's 4447 performance and cost effectiveness. Notwithstanding these changes, Contractor 4448 shall continue the program during the meet and confer period and, thereafter, until 4449 the third party takes over the program. This subsection C applies to programs 4450 initiated at Agency's direction after the Commencement Date that are beyond the 4451 basic scope of services described in Section 4.01.A. 4452 15.13 TRANSITION TO NEXT SERVICE PROVIDER 4453 At the expiration of the Term or the earlier termination of the Agreement, or upon 4454 Agency's approval of a proposed assignment, Contractor shall cooperate fully with 4455 Agency to ensure an orderly transition to any and all new service providers. Contractor 4456 shall provide, within ten (10) Days of a written request by Agency, then - current route 4457 lists, which identify each Customer on the route, its service level (number of Containers, 4458 Container sizes, frequency of Collection, scheduled Collection day), any special 4459 Collection notes, and detailed then - current Customer account and Billing information. 4460 Contractor may, but is not required to, sell Collection vehicles and containers to the next 4461 service provider. 4462 Contractor shall upon Agency request, at least one - hundred - eighty (180) Days prior to 4463 the transition of services, attend meetings with the next service provider and with 4464 Agency and SBWMA staff and consultants to plan the recovery of Contractor's 4465 Containers and placement of the new Containers. Contractor shall perform in 4466 accordance with such plan and direct route supervisors to provide "ride - alongs" so that 4467 the new service provider's employees may ride with drivers in Collection vehicles during 4468 Collection operations. Contractor will direct its drivers and other employees to provide 4469 accurate information to the new provider about routing and Customers. 4470 15.14 REPORTS AS PUBLIC RECORDS 4471 The reports, records and other information submitted or required to be submitted by 4472 Contractor to Agency (and documents copied pursuant to Section 9.02) are public 4473 records within the meaning of that term in the California Public Records Act, Franchise Agreement for Collection Services with Recology San Mateo County City of Redwood City ATTY /AG R/2010.014 040510 Page 111 of 115