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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 4. Scope of Agreement <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 24 June 7, 2022 <br />G. Hazardous Waste and Designated Waste. Hazardous Waste and Designated Waste regardless of 767 <br />its source; 768 <br />H. Materials Generated by Public School, County, and Federal Facilities. Materials generated by 769 <br />public schools, county, and federal facilities located in the City provided that the Generator has 770 <br />arranged services with other Persons or has arranged services with the Contractor through a 771 <br />separate agreement; 772 <br />I. Temporary Drop Box Collection after Rate Period One. In the event that Contractor fails to achieve 773 <br />the minimum C&D Diversion Rate from residents and businesses where it is the arranger for these 774 <br />services required by Section 5.7 in Rate Period One or should the Contractor fail to perform its 775 <br />obligations as part of a developer’s plan where it is not the sole provider of C&D Collection and 776 <br />Diversion services, then, the Contractor shall be subject to Liquidated Damages as described in 777 <br />Section 11.6 of this Agreement; 778 <br />J. Edible Food. Edible Food which is collected from a Generator by other Person(s), such as a Person 779 <br />from a Food Recovery Organization or Food Recovery Service, for the purposes of Food Recovery; 780 <br />or which is transported by the Generator to another Person(s), such as a Person from a Food 781 <br />Recovery Organization, for the purposes of Food Recovery, regardless of whether the Generator 782 <br />donates, sells, or pays a fee to the other Person(s) to collect or receive the Edible Food; 783 <br />K. Food Scraps. Food Scraps that are separated by the Generator and used by the Generator or 784 <br />distributed to other Person(s) for lawful use as animal feed, in accordance with 14 CCR Section 785 <br />18983.1(b)(7). Food Scraps intended for animal feed may be Self-Hauled by the Generator or hauled 786 <br />by another party; and, 787 <br />L. On-site or Community Composting. Organic Materials Composted or otherwise legally managed at 788 <br />the site where they are generated (e.g., backyard Composting, or on-site anaerobic digestion) or at 789 <br />a Community Composting site. 790 <br />Contractor acknowledges and agrees that the City may permit other Persons besides the Contractor to 791 <br />Collect any and all types of materials excluded from the scope of this Agreement, as set forth above, 792 <br />without seeking or obtaining approval of Contractor. If Contractor can produce evidence that other 793 <br />Persons are servicing Collection Containers or are Collecting and Transporting Solid Waste, Recyclable 794 <br />Materials, and/or Organic Materials in a manner that is not consistent with the City’s Municipal Code or 795 <br />the exclusive rights granted to Contractor hereunder, it shall report the location, the name, and phone 796 <br />number of the Person or company to the City along with Contractor’s evidence of the violation of the 797 <br />exclusiveness of this Agreement. The receipt of this information does not obligate the City to take any 798 <br />action, provided however that Contractor shall have the right to seek judicial or other lawful relief for 799 <br />violations of its exclusive rights under this Agreement. 800 <br />The City shall not be responsible for any lost profits or losses claimed by Contractor to arise out of 801 <br />limitations of the scope of the Agreement set forth herein. In such an event, it shall be the responsibility 802 <br />of Contractor to minimize the financial impact to other services being provided as much as possible. 803
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