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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 125 June 7, 2022 <br />B. Execution of a guaranty by the controlling entity in the event of a City approved assignment of this 4484 <br />Agreement to any corporation, limited liability company, and every similar corporate entity that is 4485 <br />controlled by another such corporate entity through ownership of a majority of the equity interests 4486 <br />in the assignee. The guaranty shall unconditionally and absolutely guarantee the performance of 4487 <br />the Contractor’s obligations hereunder and shall be in a form approved by the City. For the 4488 <br />avoidance of doubt, while the City and the controlling entity may agree on any form of guaranty 4489 <br />they wish, if a form of guaranty proposed by the City is substantially similar to those in use by other 4490 <br />municipalities in northern California in connection with similar Discarded Materials Collection 4491 <br />agreements, then it shall be presumed to be reasonable by the controlling entity. In the event the 4492 <br />City does not propose a guaranty form then if a form of guaranty proposed by the controlling entity 4493 <br />is substantially similar to those accepted by other municipalities in northern California in connection 4494 <br />with similar Discarded Materials Collection agreements by the controlling entity, then it shall be 4495 <br />presumed to be reasonable. The form of guaranty shall be provided concurrently with the request 4496 <br />for City approval of the assignment of the Agreement and no assignment to the proposed assignee 4497 <br />shall be effective until the controlling entity executes the guaranty. This paragraph shall not be 4498 <br />construed so as to require a guaranty from human Persons controlling an assignee or controlling 4499 <br />entity thereof. 4500 <br />C. Funding of a fidelity bond in an amount similar to such required by other Cities for similar facilities 4501 <br />and/or provision of financial assurance in a form other than a fidelity bond, such as a letter of credit 4502 <br />or certificate of deposit. 4503 <br />D. Application of Liquidated Damages as set forth in Section 11.6 and Exhibit E including the provision 4504 <br />of the initials as required in Exhibit E. 4505 <br />12.6 Subcontracting 4506 <br />Contractor shall not engage any subcontractor or Subcontractors for Collection, Transportation, 4507 <br />Processing or Disposal of Solid Waste, Recyclable Materials, Organic Materials, C&D, or Bulky Items 4508 <br />without the prior written consent of the City. As of the Effective Date of this Agreement, the City has 4509 <br />approved Contractor’s use of the following subcontractors and Subcontractors: (i) Pleasanton Truck & 4510 <br />Equipment Repairs, Inc. (truck repairs - Subcontractor); (ii) Recycling and Resource Recovery Systems, LLC 4511 <br />(hauling, grinding, material sales, marketing - Subcontractor); (iii) City Automatic Recycling, Inc. 4512 <br />(Recyclable Materials sorting - Subcontractor); (iv) Amador Valley Industries, LLC (CNG Fuel - 4513 <br />Subcontractor); (v) M&M Land Company, LLC (land lease, TS employees - Subcontractor); (vi) Waste 4514 <br />Management (Disposal - subcontractor); (vii) Tiger Lines (hauling - subcontractor); and, (viii) Waste 4515 <br />Management (Organic Materials Processing - subcontractor). Contractor shall comply with all obligations, 4516 <br />including but not limited to, insurance, indemnification, and performance standards set forth in Section 4517 <br />5.13.5, for any subcontractors or Subcontractors engaged by the Contractor to conduct Organic Materials 4518 <br />Processing, Recyclable Materials Processing, or other services specified in Section 5.13.5. 4519 <br />12.7 Binding on Successors 4520 <br />The provisions of this Agreement shall inure to the benefit to and be binding on the successors and 4521 <br />permitted assigns of the Parties. 4522
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