PLEASANTON GARBAGE FRANCHISE AGREEMENT 2018

City of Pleasanton Article 1. Definitions Franchise Agreement with Pleasanton Garbage Service 57 ARTICLE 1. DEFINITIONS 58 For purposes of this Agreement, unless a different meaning is clearly required, the following terms shall 59 have the following meanings and be capitalized throughout this Agreement: 60 1.1 AB 341 61 "AB 341" means the California Jobs and Recycling Act of 2011(Chapter 476,Statues of 2011[Chesbro,AB 62 341]), also commonly referred to as "AB 341", as amended, supplemented, superseded, and replaced 63 from time to time. 64 1.2 AB 939 65 "AB 939" means the California Integrated Waste Management Act of 1989 (California Public Resources 66 Code Section 40000 et seq.),as amended,supplemented,superseded and replaced from time to time. 67 1.3 AB 1826 68 "AB 1826" means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying 69 Division 30 of the California Public Resources Code),also commonly referred to as"AB 1826,"as amended, 70 supplemented,superseded, and replaced from time to time. 71 1.4 Affiliate 72 "Affiliate" means all businesses (including corporations, limited and general partnerships and sole 73 proprietorships) which provide services, facilities or products related to services under this Agreement 74 and which are directly or indirectly related to Contractor by virtue of direct or indirect Ownership interest 75 or common management. They shall be deemed to be "Affiliated with" Contractor and included within 76 the term "Affiliates" as used herein. An Affiliate shall include: (i) a business in which Contractor has a 77 direct or indirect Ownership interest, (ii) a business, which has a direct or indirect Ownership interest in 78 Contractor and/or (iii) a business, which is also Owned, controlled or managed by any business or 79 individual which has a direct or indirect Ownership interest in Contractor. For the purposes of this 80 definition, "Ownership" means ownership as defined in the constructive ownership provisions of Section 81 318(a) of the Internal Revenue Code of 1986, as in effect on the date here, provided that ten percent 82 (10%) shall be substituted for fifty percent (50%) in Section 318(a)(2)(C) and in Section 318(a)(3)(C) 83 thereof;and Section 318(a)(5)(C)shall be disregarded. For purposes of determining ownership under this 84 paragraph and constructive or indirect ownership under Section 318(a), ownership interest of less than 85 ten percent (10%) shall be disregarded and percentage interests shall be determined on the basis of the 86 percentage of voting interest of value which the ownership interest represents. 87 1.5 Agreement 88 "Agreement" means this Agreement, including all exhibits, and any future amendments hereto between 89 the City and Pleasanton Garbage Service, Inc.for Solid Waste, Recyclable Materials and Organic Materials 90 services described herein. City of Pleasanton Page 3 March 8, 2013