PLEASANTON GARBAGE FRANCHISE AGREEMENT 2022

City of Pleasanton Article 1. Definitions Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 5 June 7, 2022 1.19 "Bin Service" means service provided to Customers for Solid Waste, Recyclable Materials, or 142 Organic Materials Collection using Bins as defined in Section 1.18. Bin Service may be used by 143 Commercial Premises, Multi-Family Premises, or Single-Family Premises generating large volumes of 144 Solid Waste, Recyclable Materials, or Organic Materials. 145 1.20 "Bulky Item" means discarded Appliances, furniture, tires, carpets, mattresses, and similar large 146 items which require special Collection due to their size or nature, but can be Collected without the 147 assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load 148 limits. A Bulky Item does not include abandoned automobiles, large auto parts, or trees. 149 1.21 “Business Days” means days during which City offices are open to do business with the public. 150 1.22 “California Code of Regulations (or CCR)” means the State of California Code of Regulations. CCR 151 references in this Agreement are preceded with a number that refers to the relevant Title of the CCR 152 (e.g., “14 CCR” refers to Title 14 of CCR). 153 1.23 “CalRecycle” means California's Department of Resources Recycling and Recovery. 154 1.24 "Cart(s)" means a wheeled plastic Container with varying capacities of approximately thirty-five 155 (35), sixty-four (64), or ninety-six (96) gallons that is equipped with a hinged lid designed for 156 mechanical pickup by an automated or semi-automated Collection vehicle. 157 1.25 "Cart Service" means Collection services provided to Customers using Carts as defined in Section 158 1.24. Cart Service may be used by Single-Family Premises, Multi-Family Premises, or Small 159 Commercial Generators. 160 1.26 “Change in Law” means any of the following events or conditions which has a material and adverse 161 effect on the performance by either Party of their respective obligations under this Agreement (except 162 for payment obligations) 163 A. The enactment, adoption, promulgation, issuance, modification, or written change in 164 administrative or judicial interpretation on or after the Effective Date of, any Applicable Law; 165 or 166 B. The order or judgment of any governmental body, on or after the Effective Date, to the 167 extent such order or judgment is not the result of willful or negligent action, error or 168 omission or lack of reasonable diligence of the City or of the Contractor, whichever is 169 asserting the occurrence of a Change in Law; provided, however, that the contesting in good 170 faith or the failure in good faith to contest any such order or judgment shall not constitute 171 or be construed as such a willful or negligent action, error or omission, or lack of reasonable 172 diligence. 173 1.27 "City" means the City of Pleasanton, a municipal corporation, and all the territory lying within the 174 municipal boundaries of the City as presently existing or as such boundaries may be modified during 175 the Term, except as provided for in Section 12.13. 176