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City of Pleasanton Article 12. Other Agreements of the Parties Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 130 June 7, 2022March 8, 2018 they are outside the scope of the authority delegated to him/her by the Contractor as communicated to 4570 City. 4571 12.14 City Free to Negotiate with Third Parties 4572 The City may investigate all options for the Collection, Transportation, Processing and Disposal of Solid 4573 Waste, Recyclable Materials Organic Materials, C&D and Bulky Items after the expiration of the Term or 4574 earlier termination of this Agreement. Without limiting the generality of the foregoing, the City may solicit 4575 proposals from Contractor and from third parties for the provision of Collection services, Disposal services, 4576 Recycling services, Organic Materials Collection and Composting, and any combination thereof, and may 4577 negotiate and execute agreements for such services which will take effect upon the expiration or earlier 4578 termination under Section 11.3 of this Agreement. 4579 12.15 Statements and Supplemental Information 4580 The Contractor submitted Contactor’s Proposal, on which the City has relied in awarding this Agreement 4581 to Contractor and entering into this Agreement, does not contain any untrue statement of a material fact 4582 nor omit to state a material fact necessary in order to make the statements made, in light of the 4583 circumstances in which they were made, not misleading. 4584 12.16 Criminal Activity of Contractor 4585 12.16.1 Definitions 4586 A. Contractor Party. For the purposes of this Section, Contractor Party(ies) shall mean Contractor, its 4587 officers, directors, or management or fiscal employees where “management employee” means any 4588 employee with direct or indirect responsibility for direction and control over the Contractor’s 4589 activities and “fiscal” employee means an employee with direct or indirect responsibility and control 4590 duties relating to financial matters. 4591 B. Criminal Activity. For purpose of this Section, Criminal Activity shall mean any of the following 4592 events or circumstances: 4593 1. Convictions. The entry against any Contractor Party of a criminal conviction or a permanent 4594 mandatory or prohibitory injunction from a court, municipality or regulatory agency of 4595 competent jurisdiction based on acts taken in his, her or its official capacity on behalf of 4596 Contractor with respect to: 4597 a. Fraud or criminal offense in connection with obtaining, attempting to obtain, 4598 procuring or performing a public or private agreement related to municipal solid 4599 waste services of any kind (including Collection, hauling, Transfer, Processing, 4600 Composting or Disposal), including this Agreement or any amendment thereto; or 4601 b. Bribery or attempting to bribe a public officer or employee of a local, State, or 4602 federal agency; or 4603