Common use of Performance Hearing Clause in Contracts

Performance Hearing. A. The City maintains the right to hold a public hearing at any time, not more than once each year, at which the Franchisee shall be present and shall participate, to review Franchisees services and performance. The purpose of the hearing shall be, in part, to provide for a discussion and review of technological, economic, and regulatory changes and quality of service provided to date. The goal of the performance hearing is to strive for an ever-advancing Discarded Materials management system, and to ensure services are provided with adequate quality, efficiency, and economy. 1. Changes recommended and/or new services to improve City’s ability to meet the goals of AB 939, SB 1383, and other Applicable Laws, and to contain costs and minimize impacts on rates; and 2. Any specific plans for provision of changed or new services by Franchisee. B. The reports required by this Agreement regarding Customer Complaints shall be used as one basis for review. Franchisee may submit other relevant performance information and reports for consideration. City may request Franchisee submit specific information for the hearing. In addition, any Customer may submit comments or Complaints during or before the hearing, either orally or in writing, and these shall be considered. C. Topics for discussion and review at the performance review hearing shall include, but shall not be limited to, quality and adequacy of services provided, feasibility of providing new services, application of new technologies, Customer Complaints, amendments to this Agreement, developments in the law, new initiatives for meeting or exceeding SB 1383 and AB 939’s goals, regulatory constraints, and Franchisee performance. City and Franchisee may each select additional topics for discussion at any performance review hearing. D. Not later than sixty (60) days after the conclusion of each performance review hearing, City may issue a report. As a result of the review, City may request Franchisee to provide expanded or new services. Franchisee shall present, within thirty (30) days of a request to do so by City, a proposal to provide additional or expanded Diversion services. The proposal shall contain a complete description of the following: 1. Collection methodology to be employed (equipment, workforce, etc.). 2. Equipment to be utilized (vehicle number, types, capacity, age, etc.). 3. Labor requirements (number of employees by classification). 4. Type of Containers to be utilized. 5. Provision for program publicity/education/marketing. 6. A projection of the financial results of the program’s operations for the remaining Term of the Agreement in a balance sheet and operating statement format including documentation of the key assumptions underlying the projections and the support for those assumptions. 7. Facility to be utilized.

Performance Hearing. A. The City maintains the right to hold a public hearing at any time, not more than once each year, at which the Franchisee shall be present and shall participate, to review Franchisees services and performance. The purpose of the hearing shall be, in part, to provide for a discussion and review of technological, economic, economic and regulatory changes and quality of service provided to date. The goal of the performance hearing is to strive for an ever-ever- advancing Discarded Materials Solid Waste management system, and to ensure services are provided with adequate quality, efficiency, efficiency and economy. 1. Changes recommended and/or new services to improve City’s ability to meet the goals of AB 939, SB 1383, and other Applicable LawsLaw, and to contain costs and minimize impacts on rates; and 2. Any specific plans for provision of changed or new services by Franchisee. B. The reports required by this Agreement regarding Customer Complaints shall be used as one basis for review. Franchisee may submit other relevant performance information information: and reports for consideration. City may request Franchisee submit specific information for the hearing. In addition, any Customer may submit comments or Complaints during or before the hearing, either orally or in writing, and these shall be considered. C. Topics for discussion and review at the performance review hearing shall include, but shall not be limited to, quality and adequacy of services provided, feasibility of providing new services, application of new technologies, Customer Complaints, amendments to this Agreement, developments in the law, new initiatives for meeting or exceeding SB 1383 and AB 939’s goals, regulatory constraints, and Franchisee performance. City and Franchisee may each select additional topics for discussion at any performance review hearing. D. Not later than sixty (60) days after the conclusion of each performance review hearing, City may issue a report. As a result of the review, City may request Franchisee to provide expanded or new services. Franchisee shall present, within thirty (30) 30 days of a request to do so by City, a proposal to provide additional or expanded Diversion services. The proposal shall contain a complete description of the following: 1. Collection methodology to be employed (equipment, workforce, etc.). 2. Equipment to be utilized (vehicle number, types, capacity, age, etc.). 3. Labor requirements (number of employees by classification). 4. Type of Containers to be utilized. 5. Provision for program publicity/education/marketing. 6. A projection of the financial results of the program’s operations for the remaining Term of the Agreement in a balance sheet and operating statement format including documentation of the key assumptions underlying the projections and the support for those assumptions. 7. Facility to be utilized.

Performance Hearing. A. The In or about October 2024, and once in each Rate Year thereafter during the term of this Agreement, City maintains the right to may hold a public hearing at any time, not more than once each year, at which the Franchisee shall be present and shall participate, to review Franchisees Company’s Solid Waste Collection efforts, source reduction, processing and other diversion services and performance. overall performance under this Agreement (the “Solid Waste Services and Performance Review Hearing.”) The purpose of the hearing shall be, in part, Solid Waste Services and Performance Review Hearing is to provide for a discussion and review of technological, economic, and regulatory changes in Collection, source reduction, Recycling, processing and quality of service provided Disposal to date. The goal of the performance hearing is to strive for an ever-advancing Discarded Materials management achieve a continuing, advanced Solid Waste Collection, source reduction and Recycling and Disposal system, ; and to ensure services are being provided by Company with adequate quality, efficiency, effectiveness and economy. 1economy and in full compliance with the terms of this Agreement. Changes recommended and/or new services to improve City’s ability to meet the goals of AB 939, SB 1383, and other Applicable Laws, and to contain costs and minimize impacts on rates; and 2. Any specific plans for provision of changed or new services by Franchisee. B. The reports required by this Agreement regarding Customer Complaints shall be used as one basis for review. Franchisee may submit other relevant performance information and reports for consideration. City may request Franchisee submit specific information for the hearing. In addition, any Customer may submit comments or Complaints during or before the hearing, either orally or in writing, and these shall be considered. C. Topics for discussion and review at the performance review hearing Solid Waste Services and Performance Review Hearing shall include, but shall not be limited to, quality and adequacy of services provided, feasibility of providing new services, application of new technologies, Customer Complaintscomplaints, amendments to this Agreement, developments in the law, new initiatives for meeting or exceeding SB 1383 and the goals of AB 939’s goals, AB 341, AB 1826, and SB 1383, regulatory constraints, constraints and Franchisee Company performance. City and Franchisee Company may each select additional topics for discussion at any performance review hearing. D. Not later than sixty Solid Waste Services and Performance Review Hearing. City shall notify Company of its intent to hold a Solid Waste Services and Performance Review Hearing at least ninety (6090) days in advance thereof. Forty-five (45) days after receiving notice from City of a Solid Waste Services and Performance Review Hearing, Company shall submit a report to City which may contain such information as it wished to have considered, and shall contain the conclusion following: a) Current diversion rates and a report on Company’s outreach activities for the past year. b) Recommended changes and/or new services to improve the City's ability to meet the goals of each AB 939 and to contain costs and minimize impacts on rates. c) Any specific plans for provision of changed or new services by Company. The reports required by this Agreement regarding Customer complaints shall be used as one basis for review of Company’s performance, and Company may submit other relevant performance review hearinginformation and reports for consideration at the Solid Waste Services and Performance Review Hearing. In addition to the above, City may issue a reportrequest Company to submit any other specific information relating to its performance for consideration at the Solid Waste Services and Performance Review Hearing, and any Customer may submit comments or complaints during or before the Hearing, either orally or in writing. Company shall be present at and participate in the Solid Waste Services and Performance Review Hearing. As a result of the reviewits findings following any Solid Waste Services and Performance Review Hearing, City may request Franchisee require Company to provide expanded or new services within a reasonable time and City may direct or take corrective actions for any performance inadequacies (although nothing contained in this provision should be construed as requiring City to hold a Solid Waste Services and Performance Review Hearing in order to enforce any rights or remedies it has pursuant to the terms hereof.) Should City require expanded or new services as a remedy for Company’s failure to perform its obligations hereunder, no additional compensation shall be due for such services. Franchisee shall presentOtherwise, within thirty (30) days of a request to do so by City, a proposal to provide additional any new or expanded Diversion services. The proposal services required of Company shall contain a complete description be subject to the provisions of the following: 1. Collection methodology Section 2.8 (City's Right to be employed (equipment, workforce, etc.Direct Changes). 2. Equipment to be utilized (vehicle number, types, capacity, age, etc.). 3. Labor requirements (number of employees by classification). 4. Type of Containers to be utilized. 5. Provision for program publicity/education/marketing. 6. A projection of the financial results of the program’s operations for the remaining Term of the Agreement in a balance sheet and operating statement format including documentation of the key assumptions underlying the projections and the support for those assumptions. 7. Facility to be utilized.