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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 5. Collection Services <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 53 June 7, 2022 <br />permitted Disposal Site. No C&D shall be Transported to a domestic or foreign location if Solid 1873 <br />Waste Disposal of such material is its intended use. 1874 <br />Annually, the Contractor shall update its marketing plan and submit it to the City for approval 1875 <br />pursuant to Section 6.3.4. Contractor shall provide City with a list of broker/buyers it has used 1876 <br />during the preceding twelve (12) months, if requested by City. If Contractor becomes aware that a 1877 <br />broker or buyer has illegally handled or Disposed of material generated by the City or elsewhere, 1878 <br />Contractor shall immediately inform the City and terminate its contract or working relationship with 1879 <br />such party. 1880 <br />E. Reporting. Contractor shall provide reports on C&D Processing as required by Sections 6.3 and 6.4. 1881 <br />5.13.5 Insurance, Indemnifications and Performance Standards 1882 <br />If Contractor uses a Recyclables Processing Site Subcontractor or Organic Materials Processing Site 1883 <br />Subcontractor, or enters into any contract, agreement or understanding with a party for services related 1884 <br />to Recyclable Materials Processing and marketing, Organic Materials Processing, Composting, and 1885 <br />marketing, or Transfer Station services, Contractor shall provide that terms and conditions (such as 1886 <br />insurance requirements, indemnifications, and Processing, Composting, marketing performance, and 1887 <br />Residue guarantees) of any contract, agreement, or other understanding Contractor has with such party 1888 <br />can be enforced by the City as an additional insured or third party beneficiary thereof in the same manner 1889 <br />provided in Article 9 and in a manner reasonably satisfactory to City. 1890 <br />If Contractor or an Affiliate owns or operates the Approved Recyclable Materials Processing Site or 1891 <br />Approved Organic Materials Processing Site, Contractor shall include City as an additional insured on 1892 <br />liability policies and defend and indemnify City in a manner satisfactory to City, and provide that any 1893 <br />materials recovery and marketing performance standards or guarantees made to any other facility 1894 <br />customers are made to City as well, including obligations such as recovered product and Compost Product 1895 <br />quality guarantees and limits on the Residue level. 1896 <br />Contractor shall demonstrate compliance with the requirements of this Section on or before the 1897 <br />Commencement Date of this Agreement. 1898 <br />5.13.6 Compliance with Applicable Law 1899 <br />Contractor (or its Subcontractor(s)) warrants throughout the Term that the Approved Recyclable 1900 <br />Materials Processing Site and Approved Organic Materials Processing Site selected by Contractor are 1901 <br />respectively authorized and permitted to accept Recyclable Materials and Organic Materials in accordance 1902 <br />with Applicable Law and is in full compliance with Applicable Law. Contractor shall: (i) verify compliance 1903 <br />for the Approved Recyclable Materials Processing Site and Approved Organic Materials Processing Site 1904 <br />(that neither it nor its Affiliates own) by contacting the local enforcement agency and other regulatory 1905 <br />agencies having jurisdiction over that Approved Recyclable Materials Processing Site and Approved 1906 <br />Organic Materials Processing Site at least quarterly; and (ii) upon City direction, shall promptly provide 1907 <br />City with copies of the Approved Recyclable Materials Processing Site and Approved Organic Materials 1908 <br />Processing Site’s permits or notice of violations to City. 1909
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