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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
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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 128 June 7, 2022 <br />12.14 City Free to Negotiate with Third Parties 4595 <br />The City may investigate all options for the Collection, Transportation, Processing and Disposal of Solid 4596 <br />Waste, Recyclable Materials Organic Materials, C&D, and Bulky Items after the expiration of the Term or 4597 <br />earlier termination of this Agreement. Without limiting the generality of the foregoing, the City may solicit 4598 <br />proposals from Contractor and from third parties for the provision of Collection services, Disposal services, 4599 <br />Recycling services, Organic Materials Collection and Composting, and any combination thereof, and may 4600 <br />negotiate and execute agreements for such services which will take effect upon the expiration or earlier 4601 <br />termination under Section 11.3 of this Agreement. 4602 <br />12.15 Statements and Supplemental Information 4603 <br />The Contractor submitted Contactor’s Proposal, on which the City has relied in awarding this Agreement 4604 <br />to Contractor and entering into this Agreement, does not contain any untrue statement of a material fact 4605 <br />nor omit to state a material fact necessary in order to make the statements made, in light of the 4606 <br />circumstances in which they were made, not misleading. 4607 <br />12.16 Criminal Activity of Contractor 4608 <br />12.16.1 Definitions 4609 <br />A. Contractor Party. For the purposes of this Section, Contractor Party(ies) shall mean Contractor, its 4610 <br />officers, directors, or management or fiscal employees where “management employee” means any 4611 <br />employee with direct or indirect responsibility for direction and control over the Contractor’s 4612 <br />activities and “fiscal” employee means an employee with direct or indirect responsibility and control 4613 <br />duties relating to financial matters. 4614 <br />B. Criminal Activity. For purpose of this Section, Criminal Activity shall mean any of the following 4615 <br />events or circumstances: 4616 <br />1. Convictions. The entry against any Contractor Party of a criminal conviction or a permanent 4617 <br />mandatory or prohibitory injunction from a court, municipality or regulatory agency of 4618 <br />competent jurisdiction based on acts taken in their or its official capacity on behalf of Contractor 4619 <br />with respect to: 4620 <br />a. Fraud or criminal offense in connection with obtaining, attempting to obtain, 4621 <br />procuring, or performing a public or private agreement related to municipal 4622 <br />Discarded Materials services of any kind (including Collection, hauling, Transfer, 4623 <br />Processing, Composting or Disposal), including this Agreement or any amendment 4624 <br />thereto; or 4625 <br />b. Bribery or attempting to bribe a public officer or employee of a local, State, or 4626 <br />federal agency; or 4627 <br />c. Embezzlement, extortion, racketeering, false claims, false statements, forgery, 4628 <br />falsification or destruction of records, obstruction of justice, knowingly receiving 4629 <br />stolen property, theft, or misprision (failure to disclose) of a felony; or 4630
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