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<br />April 1, 2025 16 City of Pleasanton/GreenWaste Recovery, LLC
<br />permit other Persons besides Contractor to provide additional Processing and/or Diversion services not 579
<br />otherwise contemplated by this Agreement. 580
<br />2.4 Obligation to Provide Service 581
<br />The City and Contractor agree, as more fully set forth in the Recitals to this Agreement, that proper Processing and 582
<br />Diversion of Recyclable Materials is fundamental to the protection of the public health, safety and the well-being of 583
<br />the City’s residents and businesses. Contractor agrees that it will exercise due diligence in performing the Services 584
<br />described herein. The City’s responsibility for ensuring the adequacy of these Services in part provides the 585
<br />justification for executing this Agreement with Contractor. This Agreement creates an obligation that such Services 586
<br />continue to be provided even under difficult, adverse, or unforeseeable circumstances, such as but not limited to, 587
<br />natural disaster, pandemic, labor unrest, and any period where legal actions, future judicial interpretations of 588
<br />current law, or new laws or regulations impact the effectiveness of portions of this Agreement. In such an event, it 589
<br />shall be the responsibility of Contractor to mitigate any potential damages to other services being provided as much 590
<br />as possible. 591
<br />Contractor shall bear the risk of any lost profits or losses associated with the cost of providing continued Service as 592
<br />a result of such a legal action or ruling, and similarly the City shall bear the loss of payments to the City. 593
<br />2.5 No Guarantees of Materials Volume or Composition 594
<br />The City has the right to and agrees to direct its Franchised Collector to Deliver all Recyclable Materials it Collects in 595
<br />the City to the Approved Recyclable Materials Processing Facility for Processing and Diversion by Contractor during 596
<br />the Term of the Agreement. The City does not guarantee the quantity or composition of the Recyclable Materials 597
<br />Delivered to the Approved Recyclable Materials Processing Facility . The Parties acknowledge that the quantity and 598
<br />composition of Acceptable materials will be impacted during the Term of the Agreement based on a number of 599
<br />unpredictable factors such as, but not limited to, the factors listed below: 600
<br />• The state of the economy; 601
<br />• The number of residents and the number and type of businesses; 602
<br />• Participation level of residents and businesses in various Diversion programs; 603
<br />• Rate setting practices for Collection services; 604
<br />• Changes in packaging, products, technology, and other factors; 605
<br />• The City’s future implementation of services which may result in a reduction or increase in the volume of 606
<br />Recyclable Materials and which may result in a change in the composition of the Recyclable Materials; 607
<br />• Extent to which other Persons collect and transport Recyclable Materials that require special handling or 608
<br />unique Processing services; 609
<br />• Diversion programs/policies of the City, the City’s Franchised Collector, the State, Alameda County, and 610
<br />others; 611
<br />• Impact of existing, pending, or future Applicable Law, including but not limited to, AB 939, AB 341, AB 1201, 612
<br />AB 1826, SB 343, SB 54, SB 1383, CALGreen, and the Advanced Clean Fleets Regulation. 613
<br />• Impact of new bans or policies on the Disposal of materials, including, but not limited to, polystyrene, single 614
<br />use bags, etc. established by the City, Alameda County, and/or the State; and, 615
<br />• Impact of new policies on product stewardship and extended producer responsibility established by the 616
<br />City, Alameda County, and/or the State. 617
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