03 - Laserfiche WebLink

City of Pleasanton Article 12. Other Agreements of the Parties Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 131 June 7, 2022March 8, 2018 c. Embezzlement, extortion, racketeering, false claims, false statements, forgery, 4604 falsification or destruction of records, obstruction of justice, knowingly receiving 4605 stolen property, theft, or misprision (failure to disclose) of a felony; or 4606 d. Unlawful disposal of Hazardous Waste or Designated Waste the occurrence of which 4607 any of Contractor Party knew or should have known; or 4608 e. Violation of antitrust laws, including laws relating to price-fixing, bid-rigging and 4609 sales and market allocation, and of unfair and anti-competitive trade practices laws, 4610 including with respect to inflation of Solid Waste Collection, Transportation, 4611 Processing fees, or Disposal Fees; or 4612 f. Violation of securities laws; or 4613 g. Felonies. 4614 2. Pleas. Entry of a plea of “guilty,” “nolo contendere” or “no contest” by a Contracting Party 4615 based on acts taken in his, her or its official capacity on behalf of Contractor with respect to the 4616 conduct described in preceding subdivision (1) of this Section. 4617 12.16.2 Notice 4618 Contactor shall notify City in writing within five (5) calendar days of occurrence of any Criminal Activity. 4619 12.16.3 Contractor’s Cure 4620 Upon occurrence of any Criminal Activity, Contractor shall immediately do or cause to be done all of the 4621 following: 4622 A. Terminate from employment or remove from office any offending individual Contractor Party, 4623 unless otherwise directed or ordered by a court or regulatory agency of competent jurisdiction or 4624 authority, and unless that termination would constitute a breach of any labor agreement entered 4625 into by Contractor, and 4626 B. Eliminate participation by any individual offending Contractor Party in any management, 4627 supervision, or decision activity that affects or could affect, directly or indirectly, the performance 4628 of the Contractor under this Agreement. 4629 12.16.4 Transfer and Hiring 4630 Contractor shall not allow or cause to be allowed the hire or transfer of any individual Contractor Party 4631 from any parent or subsidiary company or business entity of Contractor who has committed Criminal 4632 Activity for a position as a Contractor representative, field supervisor, officer or director who is directly or 4633 indirectly responsible for performance of this Agreement without obtaining prior written consent of City, 4634 following full disclosure to City of the facts and circumstances surrounding such Criminal Activity. 4635 12.16.5 City’s Remedy 4636 City, in its sole discretion, may terminate the Agreement upon thirty (30) calendar days written notice to 4637 Contractor, or may impose other sanctions (which may include financial sanctions, temporary suspensions 4638