RES 221299 - Laserfiche WebLink

City of Pleasanton Article 12. Other Agreements of the Parties Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 125 June 7, 2022 B. Execution of a guaranty by the controlling entity in the event of a City approved assignment of this 4484 Agreement to any corporation, limited liability company, and every similar corporate entity that is 4485 controlled by another such corporate entity through ownership of a majority of the equity interests 4486 in the assignee. The guaranty shall unconditionally and absolutely guarantee the performance of 4487 the Contractor’s obligations hereunder and shall be in a form approved by the City. For the 4488 avoidance of doubt, while the City and the controlling entity may agree on any form of guaranty 4489 they wish, if a form of guaranty proposed by the City is substantially similar to those in use by other 4490 municipalities in northern California in connection with similar Discarded Materials Collection 4491 agreements, then it shall be presumed to be reasonable by the controlling entity. In the event the 4492 City does not propose a guaranty form then if a form of guaranty proposed by the controlling entity 4493 is substantially similar to those accepted by other municipalities in northern California in connection 4494 with similar Discarded Materials Collection agreements by the controlling entity, then it shall be 4495 presumed to be reasonable. The form of guaranty shall be provided concurrently with the request 4496 for City approval of the assignment of the Agreement and no assignment to the proposed assignee 4497 shall be effective until the controlling entity executes the guaranty. This paragraph shall not be 4498 construed so as to require a guaranty from human Persons controlling an assignee or controlling 4499 entity thereof. 4500 C. Funding of a fidelity bond in an amount similar to such required by other Cities for similar facilities 4501 and/or provision of financial assurance in a form other than a fidelity bond, such as a letter of credit 4502 or certificate of deposit. 4503 D. Application of Liquidated Damages as set forth in Section 11.6 and Exhibit E including the provision 4504 of the initials as required in Exhibit E. 4505 12.6 Subcontracting 4506 Contractor shall not engage any subcontractor or Subcontractors for Collection, Transportation, 4507 Processing or Disposal of Solid Waste, Recyclable Materials, Organic Materials, C&D, or Bulky Items 4508 without the prior written consent of the City. As of the Effective Date of this Agreement, the City has 4509 approved Contractor’s use of the following subcontractors and Subcontractors: (i) Pleasanton Truck & 4510 Equipment Repairs, Inc. (truck repairs - Subcontractor); (ii) Recycling and Resource Recovery Systems, LLC 4511 (hauling, grinding, material sales, marketing - Subcontractor); (iii) City Automatic Recycling, Inc. 4512 (Recyclable Materials sorting - Subcontractor); (iv) Amador Valley Industries, LLC (CNG Fuel - 4513 Subcontractor); (v) M&M Land Company, LLC (land lease, TS employees - Subcontractor); (vi) Waste 4514 Management (Disposal - subcontractor); (vii) Tiger Lines (hauling - subcontractor); and, (viii) Waste 4515 Management (Organic Materials Processing - subcontractor). Contractor shall comply with all obligations, 4516 including but not limited to, insurance, indemnification, and performance standards set forth in Section 4517 5.13.5, for any subcontractors or Subcontractors engaged by the Contractor to conduct Organic Materials 4518 Processing, Recyclable Materials Processing, or other services specified in Section 5.13.5. 4519 12.7 Binding on Successors 4520 The provisions of this Agreement shall inure to the benefit to and be binding on the successors and 4521 permitted assigns of the Parties. 4522