RES 221299 - Laserfiche WebLink

City of Pleasanton Article 12. Other Agreements of the Parties Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 128 June 7, 2022 12.14 City Free to Negotiate with Third Parties 4595 The City may investigate all options for the Collection, Transportation, Processing and Disposal of Solid 4596 Waste, Recyclable Materials Organic Materials, C&D, and Bulky Items after the expiration of the Term or 4597 earlier termination of this Agreement. Without limiting the generality of the foregoing, the City may solicit 4598 proposals from Contractor and from third parties for the provision of Collection services, Disposal services, 4599 Recycling services, Organic Materials Collection and Composting, and any combination thereof, and may 4600 negotiate and execute agreements for such services which will take effect upon the expiration or earlier 4601 termination under Section 11.3 of this Agreement. 4602 12.15 Statements and Supplemental Information 4603 The Contractor submitted Contactor’s Proposal, on which the City has relied in awarding this Agreement 4604 to Contractor and entering into this Agreement, does not contain any untrue statement of a material fact 4605 nor omit to state a material fact necessary in order to make the statements made, in light of the 4606 circumstances in which they were made, not misleading. 4607 12.16 Criminal Activity of Contractor 4608 12.16.1 Definitions 4609 A. Contractor Party. For the purposes of this Section, Contractor Party(ies) shall mean Contractor, its 4610 officers, directors, or management or fiscal employees where “management employee” means any 4611 employee with direct or indirect responsibility for direction and control over the Contractor’s 4612 activities and “fiscal” employee means an employee with direct or indirect responsibility and control 4613 duties relating to financial matters. 4614 B. Criminal Activity. For purpose of this Section, Criminal Activity shall mean any of the following 4615 events or circumstances: 4616 1. Convictions. The entry against any Contractor Party of a criminal conviction or a permanent 4617 mandatory or prohibitory injunction from a court, municipality or regulatory agency of 4618 competent jurisdiction based on acts taken in their or its official capacity on behalf of Contractor 4619 with respect to: 4620 a. Fraud or criminal offense in connection with obtaining, attempting to obtain, 4621 procuring, or performing a public or private agreement related to municipal 4622 Discarded Materials services of any kind (including Collection, hauling, Transfer, 4623 Processing, Composting or Disposal), including this Agreement or any amendment 4624 thereto; or 4625 b. Bribery or attempting to bribe a public officer or employee of a local, State, or 4626 federal agency; or 4627 c. Embezzlement, extortion, racketeering, false claims, false statements, forgery, 4628 falsification or destruction of records, obstruction of justice, knowingly receiving 4629 stolen property, theft, or misprision (failure to disclose) of a felony; or 4630