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RES 221299
City of Pleasanton
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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 119 June 7, 2022 <br />Contractor shall furnish the City with immediate access to all of its business records related to its 4267 <br />Customers and billing of accounts for Collection services. 4268 <br />11.5 City's Remedies Cumulative; Specific Performance 4269 <br />The City's right to terminate the Agreement under Section 11.3 and to take possession of the Contractor's 4270 <br />properties under Section 11.4 are not exclusive, and the City's termination of the Agreement shall not 4271 <br />constitute an election of remedies. Instead, they shall be in addition to any and all other legal and 4272 <br />equitable rights and remedies which the City may have. 4273 <br />By virtue of the nature of this Agreement, the urgency of timely, continuous and high-quality service, the 4274 <br />lead time required to effect alternative service, and the rights granted by City to the Contractor, the 4275 <br />remedy of damages for a breach hereof by Contractor is inadequate and City shall be entitled to injunctive 4276 <br />relief. 4277 <br />11.6 Liquidated Damages 4278 <br />11.6.1 General 4279 <br />The Parties agree that as of the time of the execution of this Agreement, it is impractical, if not impossible, 4280 <br />to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by 4281 <br />Contractor of its obligations under this Agreement. The factors relating to the impracticability of 4282 <br />ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to 4283 <br />members of the public who are denied services or denied quality or reliable service; (ii) such breaches 4284 <br />cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to individual 4285 <br />members of the general public for whose benefit this Agreement exists, in subjective ways and in varying 4286 <br />degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that exclusive 4287 <br />services might be available at substantially lower costs than alternative services and the monetary loss 4288 <br />resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise 4289 <br />monetary terms; and, (iv) the termination of this Agreement for such breaches, and other remedies are, 4290 <br />at best, a means of future correction and not remedies which make the public whole for past breaches. 4291 <br />11.6.2 Performance Standards; Liquidated Damages for Failure to Meet Standards 4292 <br />The Parties further acknowledge that consistent, reliable Solid Waste, Recyclable Materials, Organic 4293 <br />Materials, C&D, and Bulky Items Collection service is of utmost importance to City and that City has 4294 <br />considered and relied on Contractor's representations as to its quality of service commitment in awarding 4295 <br />the Agreement to it. The Parties further recognize that some quantified standards of performance are 4296 <br />necessary and appropriate to ensure consistent and reliable service and performance. The Parties further 4297 <br />recognize that if Contractor fails to achieve the performance standards, or fails to submit required 4298 <br />documents in a timely manner, City and its residents and businesses will suffer damages and that it is and 4299 <br />will be impractical and extremely difficult to ascertain and determine the exact amount of damages which 4300 <br />City will suffer. Therefore, without prejudice to City’s right to treat such non-performance as an event of 4301 <br />default under this Section, the Parties agree that the following Liquidated Damage amounts represent a 4302 <br />reasonable estimate of the amount of such damages considering all of the circumstances existing on the 4303
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