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RES 221299
City of Pleasanton
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CITY CLERK
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2020-present
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2022
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RES 221299
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Last modified
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 1. Definitions <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 5 June 7, 2022 <br />1.19 "Bin Service" means service provided to Customers for Solid Waste, Recyclable Materials, or 142 <br />Organic Materials Collection using Bins as defined in Section 1.18. Bin Service may be used by 143 <br />Commercial Premises, Multi-Family Premises, or Single-Family Premises generating large volumes of 144 <br />Solid Waste, Recyclable Materials, or Organic Materials. 145 <br />1.20 "Bulky Item" means discarded Appliances, furniture, tires, carpets, mattresses, and similar large 146 <br />items which require special Collection due to their size or nature, but can be Collected without the 147 <br />assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load 148 <br />limits. A Bulky Item does not include abandoned automobiles, large auto parts, or trees. 149 <br />1.21 “Business Days” means days during which City offices are open to do business with the public. 150 <br />1.22 “California Code of Regulations (or CCR)” means the State of California Code of Regulations. CCR 151 <br />references in this Agreement are preceded with a number that refers to the relevant Title of the CCR 152 <br />(e.g., “14 CCR” refers to Title 14 of CCR). 153 <br />1.23 “CalRecycle” means California's Department of Resources Recycling and Recovery. 154 <br />1.24 "Cart(s)" means a wheeled plastic Container with varying capacities of approximately thirty-five 155 <br />(35), sixty-four (64), or ninety-six (96) gallons that is equipped with a hinged lid designed for 156 <br />mechanical pickup by an automated or semi-automated Collection vehicle. 157 <br />1.25 "Cart Service" means Collection services provided to Customers using Carts as defined in Section 158 <br />1.24. Cart Service may be used by Single-Family Premises, Multi-Family Premises, or Small 159 <br />Commercial Generators. 160 <br />1.26 “Change in Law” means any of the following events or conditions which has a material and adverse 161 <br />effect on the performance by either Party of their respective obligations under this Agreement (except 162 <br />for payment obligations) 163 <br />A. The enactment, adoption, promulgation, issuance, modification, or written change in 164 <br />administrative or judicial interpretation on or after the Effective Date of, any Applicable Law; 165 <br />or 166 <br />B. The order or judgment of any governmental body, on or after the Effective Date, to the 167 <br />extent such order or judgment is not the result of willful or negligent action, error or 168 <br />omission or lack of reasonable diligence of the City or of the Contractor, whichever is 169 <br />asserting the occurrence of a Change in Law; provided, however, that the contesting in good 170 <br />faith or the failure in good faith to contest any such order or judgment shall not constitute 171 <br />or be construed as such a willful or negligent action, error or omission, or lack of reasonable 172 <br />diligence. 173 <br />1.27 "City" means the City of Pleasanton, a municipal corporation, and all the territory lying within the 174 <br />municipal boundaries of the City as presently existing or as such boundaries may be modified during 175 <br />the Term, except as provided for in Section 12.13. 176
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