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03
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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060722
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6/2/2022 3:36:33 PM
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6/2/2022 3:27:07 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/7/2022
DESTRUCT DATE
15Y
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name and contract information of the complainant, if the incident is not <br /> submitted anonymously; identity of the alleged violator, if known; <br /> description of the alleged violation, including location(s) and all other <br /> relevant factors known; identity of any witnesses, if known; and, if <br /> requested by the City pursuant to Section 6.9.13, the date the Contractor <br /> conducted additional outreach or investigated the Complaint; <br /> documentation of the findings of the investigation; and, any photographic <br /> evidence collected during the investigation." <br /> Section 6.34 C.6 Annual Report Content— Operational Information item d was added. <br /> "d. A record of the total Tons of Discarded Materials, listed separately by <br /> Discarded Material type, removed from illegal Disposal sites as part of an <br /> abatement activity, listing each Collection event separately by date, <br /> location, and Tonnage Collected." <br /> Article 9. Indemnity, Insurance, Bond <br /> Section 9.2 AB 939 and SB 1383 Indemnification was amended as follows: <br /> In addition to all other relief provided Contractor and City under this Agreement, <br /> Contractor agrees to defend, indemnify, and hold harmless, the City, its officers, <br /> employees, volunteers, and agents from and against all fines and/or penalties imposed <br /> by the California Department of Resources Recycling and Recovery (CalRecycle) for <br /> operations during the Term of this Agreement in the event the source reduction and <br /> Diversion goals or any other requirement of AB 939, AB 341, AB 1826, and/or SB 1383 <br /> are not met by the Contractor with respect to the waste stream Collected by Contractor <br /> and other obligations under this Agreement and such failure is: (i) due to the failure of <br /> Contractor to meet its obligations under this Agreement unless Contractor can <br /> demonstrate to the satisfaction of the City that such failure is beyond Contractor's ability <br /> to control or effect; or (ii)due to Contractor delays in providing information that prevents <br /> Contractor or City from submitting reports required by AB 939, AB 341, AB 1826, and/or <br /> SB 1383 in a timely manner. <br /> Notwithstanding any other provision in this Agreement, Contractor's obligations in this <br /> Section shall be subject to the provisions of Section 40059.1 of the Public Resources <br /> Code. <br /> Article 12. Other Agreements of the Parties <br /> Section 12.6 Subcontracting. Amended to clarify as defined by the Agreement in section <br /> 1.92 (now Section 1.109) the term "Subcontractor" and the difference between <br /> Subcontractor and subcontractor, as well as clarifying insurance requirements of each <br /> Subcontractor and subcontractor. <br /> Page 20 of 22 <br />
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