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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
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 5. Collection Services <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 55 June 7, 2022March 8, 2018 <br />during the preceding twelve (12) months, if requested by City. If Contractor becomes aware that a 1900 <br />broker or buyer has illegally handled or Disposed of material generated by the City or elsewhere, 1901 <br />Contractor shall immediately inform the City and terminate its contract or working relationship with 1902 <br />such party. 1903 <br />E. Reporting. Contractor shall provide reports on C&D Processing as required by Section 6.3, and 6.4. 1904 <br />5.13.5 Insurance, Indemnifications and Performance Standards 1905 <br />If Contractor uses a Recyclables Processing Site Subcontractor or Organic Materials Processing Site 1906 <br />Subcontractor, or enters into any contract, agreement or understanding with a party for services related 1907 <br />to Recyclable Materials Processing and marketing, Organic Materials Processing, Composting, and 1908 <br />marketing, or Transfer station services, Contractor shall provide that terms and conditions (such as 1909 <br />insurance requirements, indemnifications, and Processing, Composting, marketing performance, and 1910 <br />Residue guarantees) of any contract, agreement, or other understanding Contractor has with such party 1911 <br />can be enforced by the City as an additional insured or third party beneficiary thereof in the same manner 1912 <br />provided in Article 9 and in a manner reasonably satisfactory to City. 1913 <br />If Contractor or an Affiliate owns or operates the Approved Recyclable Materials Process ing Site or 1914 <br />Approved Organic Materials Processing Site, Contractor shall include City as an additional insured on 1915 <br />liability policies and defend and indemnify City in a manner satisfactory to City, and provide that any 1916 <br />materials recovery and marketing performance standards or guarantees made to any other facility 1917 <br />customers are made to City as well, including obligations such as recovered product and Compost Product 1918 <br />quality guarantees and limits on the Residue level. 1919 <br />Contractor shall demonstrate compliance with the requirements of this paragraph on or before the 1920 <br />Commencement Date of this Agreement. 1921 <br />5.13.6 Compliance with Applicable Law 1922 <br />Contractor (or its Subcontractor(s)) warrants throughout the Term that the Approved Recyclable 1923 <br />Materials Processing Site and Approved Organic Materials Processing Site selected by Contractor are 1924 <br />respectively authorized and permitted to accept Recyclable Materials and Organic Materials in accordance 1925 <br />with Applicable Law and is in full compliance with Applicable Law. Contractor shall: (1) verify compliance 1926 <br />for the Approved Recyclable Materials Processing Site and Approved Organic Materials Processing Site 1927 <br />(that neither it nor its Affiliates own) by contacting the local enforcement agency and other regulatory 1928 <br />agencies having jurisdiction over that Approved Recyclable Materials Processing Site and Approved 1929 <br />Organic Materials Processing Site at least quarterly; and (2) upon City direction, shall promptly provide 1930 <br />City with copies of the Approved Recyclable Materials Processing Site and Approved Organic Materials 1931 <br />Processing Site’s permits or notice of violations to City. 1932 <br />5.13.7 Compliance with Facility Rules 1933 <br />Contractor (or its Subcontractor(s)) shall observe and comply with all regulations in effect at the Approved 1934 <br />Recyclable Materials Processing Site and Approved Organic Materials Processing Site and cooperate with 1935 <br />the operators thereof with respect to delivery of Recyclable Materials and Organic Materials, including 1936
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