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RES 221299
City of Pleasanton
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RES 221299
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Last modified
7/14/2022 11:14:47 AM
Creation date
6/22/2022 11:32:12 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/7/2022
DESTRUCT DATE
PERMANENT
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City of Pleasanton Article 11. Default and Remedies <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 116 June 7, 2022 <br />ARTICLE 11. DEFAULT AND REMEDIES 4158 <br />11.1 Events of Default 4159 <br />All provisions of the Agreement are considered material. Each of the following shall constitute an event 4160 <br />of default. 4161 <br />A. Fraud or Deceit. Contractor practices, or attempts to practice, any fraud or deceit upon the City. 4162 <br />B. Insolvency or Bankruptcy. Contractor becomes insolvent, unable, or unwilling to pay its debts, or 4163 <br />upon listing of an order for relief in favor of Contractor in a bankruptcy proceeding. 4164 <br />C. Failure to Maintain Coverage. Contractor fails to provide or maintain in full force and effect the 4165 <br />Workers' Compensation, liability, or indemnification coverage as required by this Agreement. 4166 <br />D. Violations of Regulation. Contractor violates any orders or filings of any regulatory body having 4167 <br />authority over Contractor relative to this Agreement, provided that Contractor may contest any 4168 <br />such orders or filings by appropriate proceedings conducted in good faith, in which case no breach 4169 <br />or default of this Agreement shall be deemed to have occurred. 4170 <br />E. Violations of Applicable Law. Contractor violates Applicable Law relative to this Agreement. 4171 <br />F. Failure to Perform Collection, Transportation, Processing, or Composting Services. Contractor 4172 <br />ceases to provide Collection, Transportation, Processing, or Composting services as required under 4173 <br />this Agreement for a period of two (2) consecutive calendar days or more, for any reason within the 4174 <br />control of Contractor. 4175 <br />G. Failure to Pay or Report. Contractor fails to make any payments to City required under this 4176 <br />Agreement including payment of City fees or Liquidated Damages and/or refuses to provide City 4177 <br />with required information, reports, and/or records in a timely manner as provided for in the 4178 <br />Agreement. 4179 <br />H. Acts or Omissions. Any other act or omission by Contractor which violates the terms, conditions, 4180 <br />or requirements of this Agreement, AB 939, as it may be amended from time to time, or any 4181 <br />Applicable Law, statute, ordinance, order, directive, rule, or regulation issued there under and 4182 <br />which is not corrected or remedied within the time set in the written notice of the violation or, if 4183 <br />Contractor cannot reasonably correct or remedy the breach within the time set forth in such notice, 4184 <br />if Contractor should fail to commence to correct or remedy such violation within the time set forth 4185 <br />in such notice and diligently effect such correction or remedy thereafter. 4186 <br />I. False, Misleading, or Inaccurate Statements. Any representation or disclosure made to the City by 4187 <br />Contractor in connection with or as an inducement to entering into this Agreement, or any future 4188 <br />amendment to this Agreement, which proves to be false or misleading in any material respect as of 4189 <br />the time such representation or disclosure is made, whether or not any such representation or 4190 <br />disclosure appears as part of this Agreement; and, any Contractor-provided report containing a 4191 <br />misstatement, misrepresentation, data manipulation, or an omission of fact or content explicitly 4192 <br />defined by the Agreement, excepting non-numerical typographical and grammatical errors. 4193
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