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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
Creation date
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 2. Representations and Warranties of the Contractor <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 19 June 7, 2022 <br />2.6 No Legal Prohibition 620 <br />To the best of Contractor’s knowledge after reasonable investigation, there is no Applicable Law in effect 621 <br />on the date Contractor signed this Agreement that would prohibit the Contractor’s performance of its 622 <br />obligations under this Agreement and the transactions contemplated hereby. 623 <br />2.7 Contractors Statements 624 <br />The Contractor’s Proposal and any other supplementary information submitted to the City, which the City 625 <br />has relied on in awarding and entering this Agreement, do not: (i) contain any untrue statement of a 626 <br />material fact, or (ii) omit to state a material fact that is necessary in order to make the statements made, 627 <br />in light of the circumstances in which they were made, not misleading. 628 <br />2.8 Contractors Investigation 629 <br />Contractor has made an independent investigation (satisfactory to it) of the conditions and circumstances 630 <br />surrounding the Agreement and the work to be performed hereunder. Contractor has taken such matters 631 <br />into consideration in entering this Agreement to provide services in exchange for the compensation 632 <br />provided for under the terms of this Agreement. 633 <br />2.9 Ability to Perform 634 <br />Contractor possesses the business, professional, and technical expertise to: (i) manage, Collect, Transport, 635 <br />and Dispose of Solid Waste; (ii) manage, Collect, Transport, and Process Recyclable Materials, Organic 636 <br />Materials, and Construction and Demolition Debris; and, (iii) record, report, and maintain information as 637 <br />required by this Agreement. Contractor possesses directly or contractually the equipment, facility 638 <br />capacity, information systems, reporting capabilities, and employee resources required to perform this 639 <br />Agreement throughout its Term. The Contractor represents that the Contractor Compensation described 640 <br />in this Agreement is sufficient to perform all services in the amount and at the standards described in this 641 <br />Agreement. 642
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