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RES 221299
City of Pleasanton
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RES 221299
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7/14/2022 11:14:47 AM
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6/22/2022 11:32:12 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/7/2022
DESTRUCT DATE
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City of Pleasanton Article 9. Indemnity, Insurance, Bond <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 109 June 7, 2022 <br />the Contractor with respect to the waste stream Collected by Contractor and other obligations under this 3930 <br />Agreement and such failure is: (i) due to the failure of Contractor to meet its obligations under this 3931 <br />Agreement unless Contractor can demonstrate to the satisfaction of the City that such failure is beyond 3932 <br />Contractor’s ability to control or effect; or (ii)due to Contractor delays in providing information that 3933 <br />prevents Contractor or City from submitting reports required by AB 939, AB 341, AB 1826, and/or SB 1383 3934 <br />in a timely manner. 3935 <br />Notwithstanding any other provision in this Agreement, Contractor’s obligations in this Section shall be 3936 <br />subject to the provisions of Section 40059.1 of the Public Resources Code. 3937 <br />9.3 Proposition 218 Indemnification 3938 <br />Contractor shall indemnify, defend and hold harmless City, its officers, employees, agents and volunteers, 3939 <br />(collectively, indemnitees) from and against all claims, damages, injuries, costs, including demands, debts, 3940 <br />liens, liabilities, causes of action, suits, legal or administrative proceedings, interest fines, charges, 3941 <br />penalties and expenses (including reasonable attorneys’ and expert witness fees, expenditures for 3942 <br />investigation and administration) and costs of any kind whatsoever paid, imposed upon, endured or 3943 <br />suffered by or assessed against any of the indemnitees resulting in any form from the City’s approval of 3944 <br />Rates for service under this Agreement or in connection with the application of California Constitution, 3945 <br />Article XIIIC and Article XIIID to the imposition, payment or collection of Rates and fees for services 3946 <br />provided by Contractor under this Agreement. This Proposition 218 indemnification shall not extend to 3947 <br />indemnification related to City fees described in Article 7 of the Agreement or any City fees established in 3948 <br />accordance with Section 7.5 or Section 7.7. 3949 <br />9.4 Measure D Indemnification 3950 <br />Contractor shall indemnify, defend and hold harmless City, its officers, employees, agents and volunteers, 3951 <br />from and against any revenues withheld by the Alameda County Source Reduction and Recycling Board in 3952 <br />the event the source reduction and Recycling goals or any other requirement of the Measure are not met 3953 <br />by the Contractor with respect to the Recycling/source reduction programs under this Agreement and 3954 <br />such failure is due to the failure of Contractor to meet its obligations under this Agreement unless 3955 <br />Contractor can demonstrate to the satisfaction of the City that such failure is beyond Contractor’s ability 3956 <br />to control or effect, or due to Contractor delays in providing information that prevents Contractor or City 3957 <br />from submitting reports required by Measure D in a timely manner. 3958 <br />9.5 Insurance 3959 <br />9.5.1 Minimum Scope of Insurance 3960 <br />Coverage shall be at least as broad as: 3961 <br />A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and 3962 <br />Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General 3963 <br />Liability; or Insurance Services Office Commercial General Liability coverage (“occurrence” form CG 3964 <br />0001). 3965
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