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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 12. Other Agreements of the Parties <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 122 June 7, 2022 <br />ARTICLE 12. OTHER AGREEMENTS OF THE PARTIES 4370 <br />12.1 Relationship of Parties 4371 <br />The Parties intend that Contractor shall perform the services required by this Agreement as an 4372 <br />independent contractor engaged by City and not as an officer or employee of the City nor as a partner of 4373 <br />or joint venturer with the City. No employee or agent of Contractor shall be or shall be deemed to be an 4374 <br />employee or agent of the City. Except as expressly provided herein, Contractor shall have the exclusive 4375 <br />control over the manner and means of conducting the Solid Waste, Recyclable Materials, Organic 4376 <br />Materials, C&D and Bulky Items Collection, Transportation, Processing and Disposal services performed 4377 <br />under this Agreement, and all Persons performing such services. Contractor shall be solely responsible 4378 <br />for the acts and omissions of its officers, employees, Subcontractors, and agents. Neither Contractor nor 4379 <br />its officers, employees, Subcontractors, and agents shall obtain any rights to retirement benefits, workers' 4380 <br />compensation benefits, or any other benefits which accrue to City employees by virtue of their 4381 <br />employment with the City. 4382 <br />12.2 Compliance with Law 4383 <br />In providing the services required under this Agreement, Contractor shall at all times, at its sole cost, 4384 <br />comply with all Applicable Laws, permits and licenses of the United States, the State of California and the 4385 <br />City and with all applicable regulations promulgated by federal, State, regional or local administrative and 4386 <br />regulatory agencies, now in force and as they may be enacted, issued or amended during the Term. 4387 <br />12.3 Governing Law 4388 <br />This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the 4389 <br />State of California. 4390 <br />12.4 Jurisdiction 4391 <br />Any lawsuits between the Parties arising out of this Agreement shall be brought and concluded in the 4392 <br />courts of Alameda County in the State of California, which shall have exclusive jurisdiction over such 4393 <br />lawsuits. 4394 <br />With respect to venue, the Parties agree that this Agreement is made in and will be performed in Alameda 4395 <br />County. 4396 <br />12.5 Assignment 4397 <br />For purposes of this Section the term assignment shall be given the broadest possible interpretation, and 4398 <br />shall include, but not be limited to (i) a sale, exchange, or other transfer of substantially all of Contractor's 4399 <br />assets dedicated to service under this Agreement to a third party; (ii) a sale, exchange, or other transfer 4400 <br />of outstanding common stock of Contractor to a third party provided said sale, exchange, or transfer 4401 <br />would result in a change of control of Contractor (defined as a change in the ownership of more than ten 4402 <br />percent (10%) of the outstanding common stock from the ownership at the time the Agreement was 4403 <br />entered); (iii) any dissolution, reorganization, consolidation, merger, re-capitalization, stock issuance or 4404
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