03 - Laserfiche WebLink

City of Pleasanton Article 10. City's Right to Perform Service Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 116 June 7, 2022March 8, 2018 ARTICLE 10. CITY'S RIGHT TO PERFORM SERVICE 4073 10.1 General 4074 In the event that the Contractor, for any reason whatsoever, fails, refuses or is unable to Collect, Transport 4075 or Dispose of any or all Solid Waste and/or Collect, Transport and Process Recyclable Materials, Organic 4076 Materials, or C&D which it is required by this Agreement to Collect and Transport, at the time and in the 4077 manner provided in this Agreement, for a period of more than forty-eight (48) hours, and if, as a result 4078 thereof, Discarded Materials should accumulate in the City to such an extent, in such a manner, or for 4079 such a time that City Manager or their designee should find that such accumulation endangers or menaces 4080 the public health, safety or welfare, then the City shall have the right, but not the obligation, upon twenty-4081 four (24) hour prior written notice to Contractor during the period of such emergency as determined by 4082 City Manager or their designee, (1) to perform, or cause to be performed, such services itself with its own 4083 or other personnel without liability to Contractor; and/or (2) to take possession of any or all of 4084 Contractor's equipment and other property used or useful in the Collection, Transporting, Processing and 4085 Disposing of Solid Waste, Recyclable Materials, Organic Materials, C&D or Bulky Items and to use such 4086 property to Collect, Transport, Process, and Dispose of any Solid Waste, Recyclable Materials, Organic 4087 Materials, C&D or Bulky Items generated within the City which Contractor would otherwise be obligated 4088 to Collect, Transport, Process, and Dispose of pursuant to this Agreement. 4089 Notice of the Contractor's failure, refusal, or neglect to Collect, Transport, Process, and Dispose of Solid 4090 Waste, Recyclable Materials, Organic Materials, C&D or Bulky Items may be given verbally by telephone 4091 to the Contractor at its principal office and shall be effective immediately. Written confirmation of such 4092 verbal notification shall be sent to Contractor within twenty-four (24) hours of the verbal notification. 4093 Contractor further agrees that in such event: 4094 A. It will fully cooperate with City to affect the transfer of possession of property to the City for City's 4095 use. 4096 B. It will, if City so requests, keep in good repair and condition all property that the City has taken 4097 possession, provide all motor vehicles with fuel, oil and other service, and provide such other 4098 services as may be necessary to maintain said property in operational condition. 4099 C. Subject to provisions of any labor agreements then in effect, City may immediately engage all or 4100 any personnel necessary or useful for the Collecting, Transporting, Processing, and Disposing of 4101 Solid Waste, Recyclable Materials, Organic Materials, C&D or Bulky Items including, if City so desires, 4102 employees previously or then employed by Contractor, Contractor further agrees, if City so 4103 requests, to furnish City the services of any or all management or office personnel employed by 4104 Contractor whose services are necessary or useful for Solid Waste, Recyclable Materials, Organic 4105 Materials, C&D or Bulky Items Collection, Transportation, Processing, and Disposal operations and 4106 for the billing and collection of fees for these services. 4107 The City agrees that it assumes complete responsibility for the proper and normal use of such equipment 4108 and facilities while in its possession. 4109