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City of Pleasanton Article 10. City's Right to Perform Service
<br /> Franchise Agreement with Pleasanton Garbage Service
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<br />City of Pleasanton Page 114 June 7, 2022
<br />ARTICLE 10. CITY'S RIGHT TO PERFORM SERVICE 4101
<br />10.1 General 4102
<br />In the event that the Contractor, for any reason whatsoever, fails, refuses or is unable to Collect, 4103
<br />Transport, or Dispose of any or all Solid Waste and/or Collect, Transport and Process Recyclable Materials, 4104
<br />Organic Materials, or C&D which it is required by this Agreement to Collect, Transport, and Process at the 4105
<br />time and in the manner provided in this Agreement, for a period of more than forty-eight (48) hours, and 4106
<br />if, as a result thereof, Discarded Materials should accumulate in the City to such an extent, in such a 4107
<br />manner, or for such a time that City Manager or their designee should find that such accumulation 4108
<br />endangers or menaces the public health, safety, or welfare, then the City shall have the right, but not the 4109
<br />obligation, upon twenty-four (24) hour prior written notice to Contractor during the period of such 4110
<br />emergency as determined by City Manager or their designee, (1) to perform, or cause to be performed, 4111
<br />such services itself with its own or other personnel without liability to Contractor; and/or (2) to take 4112
<br />possession of any or all of Contractor's equipment and other property used or useful in the Collection, 4113
<br />Transporting, Processing and Disposing of Solid Waste, Recyclable Materials, Organic Materials, C&D or 4114
<br />Bulky Items and to use such property to Collect, Transport, Process, and Dispose of any Solid Waste, 4115
<br />Recyclable Materials, Organic Materials, C&D or Bulky Items generated within the City which Contractor 4116
<br />would otherwise be obligated to Collect, Transport, Process, and Dispose of pursuant to this Agreement. 4117
<br />Notice of the Contractor's failure, refusal, or neglect to Collect, Transport, Process, and Dispose of Solid 4118
<br />Waste, Recyclable Materials, Organic Materials, C&D or Bulky Items may be given verbally by telephone 4119
<br />to the Contractor at its principal office and shall be effective immediately. Written confirmation of such 4120
<br />verbal notification shall be sent to Contractor within twenty-four (24) hours of the verbal notification. 4121
<br />Contractor further agrees that in such event: 4122
<br />A. It will fully cooperate with City to affect the transfer of possession of property to the City for City's 4123
<br />use. 4124
<br />B. It will, if City so requests, keep in good repair and condition all property that the City has taken 4125
<br />possession, provide all motor vehicles with fuel, oil, and other service, and provide such other 4126
<br />services as may be necessary to maintain said property in operational condition. 4127
<br />C. Subject to provisions of any labor agreements then in effect, City may immediately engage all or 4128
<br />any personnel necessary or useful for the Collecting, Transporting, Processing, and Disposing of 4129
<br />Solid Waste, Recyclable Materials, Organic Materials, C&D or Bulky Items including, if City so desires, 4130
<br />employees previously or then employed by Contractor. Contractor further agrees, if City so 4131
<br />requests, to furnish City the services of any or all management or office personnel employed by 4132
<br />Contractor whose services are necessary or useful for Solid Waste, Recyclable Materials, Organic 4133
<br />Materials, C&D or Bulky Items Collection, Transportation, Processing, and Disposal operations and 4134
<br />for the billing and collection of fees for these services. 4135
<br />The City agrees that it assumes complete responsibility for the proper and normal use of such equipment 4136
<br />and facilities while in its possession. 4137
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