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RES 221299
City of Pleasanton
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2022
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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
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 118 June 7, 2022 <br />A. Termination. In the event that Contractor should default and subject to the right of the Contractor 4228 <br />to cure, in the performance of any provisions of this contract, and the default is not cured for any 4229 <br />default within in ten (10) calendar days if the default creates a potential public health and safety 4230 <br />threat or arises under Section 11.1.C., E, F, I, J, or K, or otherwise thirty (30) calendar days after 4231 <br />receipt of written notice of default from the City, then the City may, at its option, terminate this 4232 <br />Agreement and/or hold a hearing at its next City Council meeting to determine whether this 4233 <br />Agreement should be terminated. In the event City decides to terminate this Agreement, the City 4234 <br />shall serve twenty (20) calendar days’ written notice of its intention to terminate upon Contractor. 4235 <br />In the event City exercises its right to terminate this Agreement, the City may, at its option, upon 4236 <br />such termination, either directly undertake performance of the services or arrange with other 4237 <br />Persons to perform the services with or without a written agreement. This right of termination is 4238 <br />in addition to any other rights of City upon a failure of Contractor to perform its obligations under 4239 <br />this Agreement. Upon termination, the City shall have the right to use equipment and Facilities 4240 <br />pursuant to Section 11.4. 4241 <br />Contractor shall not be entitled to any further revenues from Collection operations authorized 4242 <br />hereunder from and after the effective date of termination. 4243 <br />B. Suspension of Contractor’s Obligation. City may suspend Contractor’s performance of its 4244 <br />obligations if Contractor fails to cure default in the time frame specified in Section 11.2 until such 4245 <br />time the Contractor can provide assurance of performance in accordance with Section 11.8. During 4246 <br />the period of suspension, City shall have the right to use equipment and Facilities pursuant to 4247 <br />Section 11.4. 4248 <br />C. Waiver of Default. City may waive any event of default or may waive Contractor’s requirement to 4249 <br />cure a default event if City determines that such waiver would be in the best interest of the City. 4250 <br />City’s waive of an event of default is not a waiver of future events of default that may have the same 4251 <br />or similar conditions. 4252 <br />D. Liquidated Damages. City may assess Liquidated Damages for Contractor’s failure to meet specific 4253 <br />performance standards pursuant to Section 11.6 and Exhibit E. 4254 <br />E. Other Available Remedies. City’s election of one or more remedies described herein shall not limit 4255 <br />the City from any and all other remedies at law and in equity including injunctive relief, etc. 4256 <br />11.4 Possession of Property upon Termination or Suspension 4257 <br />In the event of termination or suspension for default, the City shall have the right to take possession of 4258 <br />any and all of Contractor's equipment and other property used or useful in the Collection, Transportation, 4259 <br />Processing, and Disposal of Solid Waste, Recyclable Materials Organic Materials, C&D or Bulky Items and 4260 <br />the billing and collection of fees for these services and to use such property. The City shall have the right 4261 <br />to retain the possession of such property in accordance with Article 10. If the City retains possession 4262 <br />thereof after the period of time for which Contractor has already been paid by means of bills issued in 4263 <br />advance of providing service for the class of service involved, the Contractor shall be entitled to the 4264 <br />reasonable rental value of such property (which shall be offset against any damages due the City for the 4265 <br />Contractor's default). 4266
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