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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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03
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Last modified
6/2/2022 3:36:33 PM
Creation date
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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City of Pleasanton Article 1. Definitions <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 6 June 7, 2022March 8, 2018 <br />the assistance of special loading equipment (such as forklifts or cranes) and without violating 158 <br />vehicle load limits. It does not include abandoned automobiles, large auto parts, or trees. 159 <br />1.21 “Business Days” means days during which City offices are open to do business with the public. 160 <br />1.22 “California Code of Regulations (or CCR)” means the State of California Code of Regulations. CCR 161 <br />references in this Agreement are preceded with a number that refers to the relevant Title of the 162 <br />CCR (e.g., “14 CCR” refers to Title 14 of CCR). 163 <br />1.23 “CalRecycle” means California's Department of Resources Recycling and Recovery. 164 <br />1.24 "Cart(s)" means a wheeled plastic Container with varying capacities of approximately thirty-five 165 <br />(35), sixty-four (64), and ninety-six (96) gallons that is equipped with a hinged lid designed for 166 <br />mechanical pickup by an automated or semi-automated Collection vehicle. 167 <br />1.25 "Cart Service" means Collection services provided to Customers using Carts as defined in Section 168 <br />1.20. 1.24. Cart Service may be used by Single-Family Premises, Multi-Family Premises, or Small 169 <br />Commercial Generators. 170 <br />1.26 “Change in Law” means any of the following events or conditions which has a material and 171 <br />adverse effect on the performance by the Parties of their respective obligations under this 172 <br />Agreement (except for payment obligations): 173 <br />A. The enactment, adoption, promulgation, issuance, modification, or written change in administrative 174 <br />or judicial interpretation on or after the Effective Date of any Applicable Law; or 175 <br />B. The order or judgment of any governmental body, on or after the Effective Date, to the extent such 176 <br />order or judgment is not the result of willful or negligent action, error or omission or lack of 177 <br />reasonable diligence of the City or of the Contractor, whichever is asserting the occurrence of a 178 <br />Change in Law; provided, however, that the contesting in good faith or the failure in good faith to 179 <br />contest any such order or judgment shall not constitute or be construed as such a willful or negligent 180 <br />action, error or omission or lack of reasonable diligence. 181 <br />1.27 "City" means the City of Pleasanton, a municipal corporation, and all the territory lying within the 182 <br />municipal boundaries of the City as presently existing or as such boundaries may be modified 183 <br />during the Term, except as provided for in Section 12.13. 184 <br />1.28 “City Contract Manager” means the City Manager or their designee. 185 <br />1.29 “Clean Wood” means wood that is not painted, stained, coated, pressure treated, or chemically 186 <br />treated. Clean Wood may include, but is not limited to, dimensional lumber, pallets, crates, chop 187 <br />sticks, tooth picks, stir sticks, and wooden utensils. Clean Wood excludes creosote, lumber 188 <br />treated with chromated copper arsenate (CCA), melamine coated furniture, and manufactured 189 <br />wood products such as plywood, particle board, oriented strand board, and medium density 190
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