PLEASANTON GARBAGE FRANCHISE AGREEMENT 2022

City of Pleasanton Article 9. Indemnity, Insurance, Bond Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 109 June 7, 2022 the Contractor with respect to the waste stream Collected by Contractor and other obligations under this 3930 Agreement and such failure is: (i) due to the failure of Contractor to meet its obligations under this 3931 Agreement unless Contractor can demonstrate to the satisfaction of the City that such failure is beyond 3932 Contractor’s ability to control or effect; or (ii)due to Contractor delays in providing information that 3933 prevents Contractor or City from submitting reports required by AB 939, AB 341, AB 1826, and/or SB 1383 3934 in a timely manner. 3935 Notwithstanding any other provision in this Agreement, Contractor’s obligations in this Section shall be 3936 subject to the provisions of Section 40059.1 of the Public Resources Code. 3937 9.3 Proposition 218 Indemnification 3938 Contractor shall indemnify, defend and hold harmless City, its officers, employees, agents and volunteers, 3939 (collectively, indemnitees) from and against all claims, damages, injuries, costs, including demands, debts, 3940 liens, liabilities, causes of action, suits, legal or administrative proceedings, interest fines, charges, 3941 penalties and expenses (including reasonable attorneys’ and expert witness fees, expenditures for 3942 investigation and administration) and costs of any kind whatsoever paid, imposed upon, endured or 3943 suffered by or assessed against any of the indemnitees resulting in any form from the City’s approval of 3944 Rates for service under this Agreement or in connection with the application of California Constitution, 3945 Article XIIIC and Article XIIID to the imposition, payment or collection of Rates and fees for services 3946 provided by Contractor under this Agreement. This Proposition 218 indemnification shall not extend to 3947 indemnification related to City fees described in Article 7 of the Agreement or any City fees established in 3948 accordance with Section 7.5 or Section 7.7. 3949 9.4 Measure D Indemnification 3950 Contractor shall indemnify, defend and hold harmless City, its officers, employees, agents and volunteers, 3951 from and against any revenues withheld by the Alameda County Source Reduction and Recycling Board in 3952 the event the source reduction and Recycling goals or any other requirement of the Measure are not met 3953 by the Contractor with respect to the Recycling/source reduction programs under this Agreement and 3954 such failure is due to the failure of Contractor to meet its obligations under this Agreement unless 3955 Contractor can demonstrate to the satisfaction of the City that such failure is beyond Contractor’s ability 3956 to control or effect, or due to Contractor delays in providing information that prevents Contractor or City 3957 from submitting reports required by Measure D in a timely manner. 3958 9.5 Insurance 3959 9.5.1 Minimum Scope of Insurance 3960 Coverage shall be at least as broad as: 3961 A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and 3962 Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General 3963 Liability; or Insurance Services Office Commercial General Liability coverage (“occurrence” form CG 3964 0001). 3965