RES 221299 - Laserfiche WebLink

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(Chapter 476, Statues of 2011 [Chesbro, 77 AB 341]), also commonly referred to as “AB 341”, as amended, supplemented, superseded, and 78 replaced from time to time. 79 1.2 "AB 939" means the California Integrated Waste Management Act of 1989 (California Public 80 Resources Code Section 40000 et seq.), as amended, supplemented, superseded, and replaced from 81 time to time. 82 1.3 “AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying 83 Division 30 of the California Public Resources Code), also commonly referred to as "AB 1826," as 84 amended, supplemented, superseded, and replaced from time to time. 85 1.4 "Affiliate" means all businesses (including corporations, limited and general partnerships, and sole 86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