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RES 221299
City of Pleasanton
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CITY CLERK
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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 4. Scope of Agreement <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 23 June 7, 2022 <br />If the Contractor’s Proposal and Agreement conflict, the terms and provisions of the Agreement 730 <br />shall prevail. 731 <br />M. Complying with Applicable Law. 732 <br />N. Providing reports in a timely manner with details as requested by the City pursuant to Sections 6.3, 733 <br />6.4, and 6.5. 734 <br />The enumeration and specification of particular aspects of service, labor, or equipment requirements shall 735 <br />not relieve Contractor of the duty of accomplishing all other aspects necessary to fulfill its obligations 736 <br />under this Agreement whether such requirements are enumerated elsewhere in the Agreement or not, 737 <br />unless excused in accordance with Section 11.7. 738 <br />4.2 Limitations to Scope 739 <br />This Agreement for the Collection and Transportation of Solid Waste and Collection, Transportation, and 740 <br />Processing of Recyclable Materials, Organic Materials, and Construction and Demolition Debris granted 741 <br />to Contractor shall be exclusive except as to the following materials listed in this Section. The award of 742 <br />this Agreement shall not preclude the categories of Solid Waste, Recyclable Materials, Organic Materials, 743 <br />and Construction and Demolition Debris listed below from being delivered to and Collected and 744 <br />Transported by others provided that nothing in this Agreement is intended to or shall be construed to 745 <br />excuse any Person from obtaining any authorization from City which is otherwise required by law: 746 <br />A. Self-Hauled Materials. If permitted by the City, a Generator may Transport Solid Waste, Recyclable 747 <br />Materials, Organic Materials, and Construction and Demolition Debris generated in or on their own 748 <br />Premises with their own vehicle, in accordance with the City’s Municipal Code; 749 <br />B. Donated Materials. Recyclable Materials and Organic Materials which are Source Separated at any 750 <br />Premises by the Generator and donated to youth, civic, or charitable organizations; 751 <br />C. Beverage Containers. Containers delivered for Recycling under the California Beverage Container 752 <br />Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code; 753 <br />D. Materials Removed by Customer’s Contractor as Incidental Part of Services. Solid Waste, 754 <br />Recyclable Materials, Organic Materials and/or Construction and Demolition Debris removed from 755 <br />a Premises by a contractor (e.g., gardener, landscaper, or tree-trimming service, 756 <br />construction/demolition contractor) as an incidental part of the service being performed and such 757 <br />contractor removes materials at no additional or separate fee with the contractor’s own employees 758 <br />and equipment. The determination of whether removal of material is incidental to the services 759 <br />being performed may, for example, be based on whether fees are charged on a volume or hourly 760 <br />basis, and the reasonableness of those fees relative to those charged by third parties for comparable 761 <br />services; 762 <br />E. Animal, Grease Waste, and Used Cooking Oil. Animal waste and remains from slaughterhouse or 763 <br />butcher shops, grease, or used cooking oil; 764 <br />F. Sewage Treatment By-Product. By-products of sewage treatment, including sludge, sludge ash, grit 765 <br />and screenings; 766
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