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RES 221299
City of Pleasanton
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CITY CLERK
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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 1. Definitions <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 3 June 7, 2022 <br />ARTICLE 1. DEFINITIONS 74 <br />For purposes of this Agreement, unless a different meaning is clearly required, the following terms shall 75 <br />have the following meanings and be capitalized throughout this Agreement: 76 <br />1.1 “AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statues of 2011 [Chesbro, 77 <br />AB 341]), also commonly referred to as “AB 341”, as amended, supplemented, superseded, and 78 <br />replaced from time to time. 79 <br />1.2 "AB 939" means the California Integrated Waste Management Act of 1989 (California Public 80 <br />Resources Code Section 40000 et seq.), as amended, supplemented, superseded, and replaced from 81 <br />time to time. 82 <br />1.3 “AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying 83 <br />Division 30 of the California Public Resources Code), also commonly referred to as "AB 1826," as 84 <br />amended, supplemented, superseded, and replaced from time to time. 85 <br />1.4 "Affiliate" means all businesses (including corporations, limited and general partnerships, and sole 86 <br />proprietorships) which provide services, facilities, or products related to services under this 87 <br />Agreement and which are directly or indirectly related to Contractor by virtue of direct or indirect 88 <br />Ownership interest or common management. They shall be deemed to be "Affiliated with" Contractor 89 <br />and included within the term "Affiliates" as used herein. An Affiliate shall include: (i) a business in 90 <br />which Contractor has a direct or indirect Ownership interest, (ii) a business, which has a direct or 91 <br />indirect Ownership interest in Contractor, and/or (iii) a business, which is also Owned, controlled, or 92 <br />managed by any business or individual which has a direct or indirect Ownership interest in Contractor. 93 <br />For the purposes of this definition, “Ownership” means ownership as defined in the constructive 94 <br />ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date 95 <br />here, provided that ten percent (10%) shall be substituted for fifty percent (50%) in Section 96 <br />318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and Section 318(a)(5)(C) shall be disregarded. For 97 <br />purposes of determining ownership under this paragraph and constructive or indirect ownership 98 <br />under Section 318(a), ownership interest of less than ten percent (10%) shall be disregarded and 99 <br />percentage interests shall be determined on the basis of the percentage of voting interest of value 100 <br />which the ownership interest represents. 101 <br />1.5 "Agreement" means this Agreement, including all exhibits, and any future amendments hereto 102 <br />between the City and Pleasanton Garbage Service, Inc. for Solid Waste, Recyclable Materials, and 103 <br />Organic Materials services described herein. 104 <br />1.6 "Alternative Daily Cover" has the same meaning as in Section 20690 of Title 27 of the California Code 105 <br />of Regulations. 106 <br />1.7 “Alternative Intermediate Cover” has the same meaning as in Section 20700 of Title 27 of the 107 <br />California Code of Regulations. 108
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