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City of Pleasanton Recitals
<br /> Franchise Agreement with Pleasanton Garbage Service
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<br />City of Pleasanton Page 2 June 7, 2022
<br />WHEREAS; in 1990 the Alameda County Waste Reduction and Recycling Initiative Charter Amendment 36
<br />established a county-wide Solid Waste Diversion Rate goal of seventy-five percent (75%) by 2010; 37
<br />WHEREAS; in 2010, the Alameda County Source Reduction and Recycling Board (“StopWaste”) adopted a 38
<br />Strategic Plan including a new waste Diversion goal: by 2020, less than 10 percent (10%) of what is 39
<br />deposited in Alameda County’s landfills will be readily Recyclable or Compostable; 40
<br />WHEREAS; on July 28, 2021, StopWaste adopted its Organics Reduction and Recycling Ordinance (ORRO) 41
<br />(Ordinance No. 2021-02), which enforces the mandatory Collection service and other programmatic 42
<br />requirements of SB 1383, on behalf of any member agencies that choose to opt-in and adopt the ORRO. 43
<br />WHEREAS; on November 2, 2021, City Council adopted Ordinance No. 2226, which added a new Chapter 44
<br />9.23 “Organics Reduction and Recycling” to the Municipal Code and adopted StopWaste’s ORRO by 45
<br />reference, with certain local amendments. 46
<br />WHEREAS; under Title 9, Section 20.060, Refuse Collection of the City of Pleasanton Municipal Code, the 47
<br />City has the authority to provide for the Collection, Transport, Processing, marketing, and Disposal of Solid 48
<br />Waste, Recyclable Materials and Organic Materials through a franchise agreement; 49
<br />WHEREAS; pursuant to California Public Resources Code Section 40059(a)(2), the City has determined that 50
<br />the public health, safety, and well-being require that an exclusive right be awarded to a qualified 51
<br />Contractor to provide for the Collection, Transportation, and Processing (where permitted under this 52
<br />Agreement) of Solid Waste, Recyclable Materials, Organic Materials, Construction and Demolition Debris, 53
<br />Bulky Items and other services related to meeting the City’s Customer service and environmental goals, 54
<br />State regulatory requirements, and goals established through the City’s Climate Action Plan; 55
<br />WHEREAS; the City Council further declares its intent to approve and maintain reasonable Rates for the 56
<br />Collection, Recycling, Processing, Composting, Transfer and/or Disposal of Solid Waste, Recyclable 57
<br />Materials, and Organic Materials; 58
<br />WHEREAS; the City Council has determined that Contractor, by demonstrated experience providing 59
<br />service to the City since 1969, reputation and capacity is qualified to provide for both the Collection of 60
<br />Solid Waste, Recyclable Materials, and Organic Materials within the corporate limits of the City and the 61
<br />Transportation of such material to appropriate places of Processing, Recycling, Composting and/or 62
<br />Disposal, and desires that Contractor be engaged to perform such services on the basis set forth in this 63
<br />Agreement; 64
<br />WHEREAS; in 2018, the City and Contractor mutually agreed to extend and restate the previous 65
<br />agreement between the City and Contractor dated May 16, 1989 (as subsequently amended on October 66
<br />16, 1990, and October 13, 1995) by entering into an amended and restated agreement dated March 8, 67
<br />2018; and, 68
<br />WHEREAS; in alignment with the goals set forth in these recitals, the City and Contractor have mutually 69
<br />agreed to amend and restate the agreement between the City and Contractor dated March 8, 2018, by 70
<br />entering into this Agreement. 71
<br />NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained in this 72
<br />Agreement and for other good and valuable consideration, the Parties agree as follows: 73
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