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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
PERMANENT
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City of Pleasanton Article 3. Term of Agreement <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 20 June 7, 2022 <br />ARTICLE 3. TERM OF AGREEMENT 643 <br />3.1 Effective Date and Commencement Date 644 <br />The Effective Date of this Agreement shall be the date the latter of the two Parties signs the amended 645 <br />Agreement provided that City Council has taken action approving this Agreement and no restraining order 646 <br />of any kind has been issued. 647 <br />The Commencement Date of this Agreement shall be July 1, 2018, and shall be the date Contractor 648 <br />commenced providing Collection, Transportation, and Processing services and all other obligations 649 <br />described by the original Agreement between the Parties. 650 <br />The Amendment Commencement Date of this Agreement shall be July 1, 2022, and shall be the date 651 <br />Contractor commences to provide all services and obligations described by this Agreement, as amended. 652 <br />During the time between the Effective Date and Amendment Commencement Date, Contractor shall 653 <br />continue to perform all services in effect as of the Commencement Date, and shall perform any and all 654 <br />activities necessary to prepare itself to start Collection, Transportation, and Processing services and all 655 <br />other obligations required by this amended Agreement on the Amendment Commencement Date. 656 <br />3.2 Conditions to Effectiveness of Agreement 657 <br />The obligation of City to permit this Agreement to become effective and to perform its undertakings 658 <br />provided for in this Agreement is subject to the satisfaction of each and all of the conditions set out below, 659 <br />each of which may be waived in whole or in part by City. 660 <br />3.2.1 Accuracy of Representations 661 <br />The representations and warranties made in Article 2 of this Agreement are true and correct on and as of 662 <br />the Effective Date. 663 <br />3.2.2 Absence of Litigation 664 <br />There is no litigation pending on the Effective Date in any court challenging the award or execution of this 665 <br />Agreement or seeking to restrain or enjoin its performance. 666 <br />3.2.3 Furnishings of Insurance and Bond 667 <br />Contractor has furnished evidence of the insurance required by Section 9.5 that is satisfactory to the City; 668 <br />provided evidence of its ability to secure the performance bond required by Section 9.6 that will be 669 <br />effective on the Commencement Date of the Agreement. 670 <br />3.2.4 Secretary’s Certification 671 <br />Exhibit J of this Agreement shall have been signed by the secretary of the Contractor and identifies the 672 <br />name of the Contractor’s representative that is authorized to execute this Agreement. 673
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