RES 2025015 - Laserfiche WebLink

April 1, 2025 18 City of Pleasanton/GreenWaste Recovery, LLC Subscribers to Franchised Collection services, and the City’s other service providers. As such, regardless of 664 whether Contractor is specifically contracted under this Agreement to provide any such Extended Producer 665 Responsibility Programs under this Agreement, Contractor acknowledges and agrees it has obligations to the 666 City, nonetheless. 667 Throughout the Term of this Agreement, Contractor shall maintain records of all funding or other resources 668 Contractor receives directly or indirectly through an Extended Producer Responsibility Program. Contractor 669 shall inform and report to the City as part of Contractor’s obligations under Exhibit A and shall calculate and 670 demonstrate the dollar amount that can be attributed to Services provided under this Agreement. Any 671 payments based on Recovery of one or more commodities shall be reflected in the revenue sharing 672 calculations in a manner that gives the full value of such payments to the City. In the event the Contractor 673 receives payments of any kind from the producer responsibility organization related to the addition of 674 equipment or personnel at the Approved Materials Processing Facility, such amounts shall not be recoverable 675 from the City in relation to the Contractor’s costs for implementation of SB 54.Contractor shall include copies 676 of invoices or receipts with the applicable Stewardship Organization with its payment or Tipping Fee 677 Application, as appropriate, regardless of whether the City is aware such funding or other resources have 678 been received by Contractor. 679 Contractor shall also maintain all operational and financial records related to Extended Producer 680 Responsibility Programs as provided in Article 9 and report such information to the City in accordance with 681 Exhibit A or as otherwise requested by the City Manager. 682 ARTICLE 3 683 REPRESENTATIONS AND WARRANTIES 684 3.1 Of Contractor 685 By acceptance of this Agreement, Contractor represents and warrants that: 686 A. Existence and Powers. Contractor is a limited liability company, duly organized in Delaware and, validly 687 existing, and in good standing under the laws of the State of California and is qualified to transact business in 688 the State and has full legal right, power, and authority to enter into and perform its obligations under this 689 Agreement. 690 B. Due Authorization and Binding Obligation. Contractor has the authority to enter into and perform its 691 obligations under this Agreement. Contractor has taken all actions required by law or otherwise to authorize 692 the execution of this Agreement. The Person(s) signing this Agreement on behalf of Contractor have authority 693 to do so, and this Agreement constitutes the legal, valid, and binding obligation of Contractor enforceable 694 against Contractor under its terms. 695 C. Truth and Accuracy of Information. The information supplied by Contractor in all written submittals made in 696 connection with Contractor’s Services, including Contractor’s Proposal and any other supplementary 697 information submitted to the City, which the City has relied on in awarding and entering this Agreement, is 698 true, accurate, and complete, and does not contain material omissions or misleading statements. Contractor 699 will inform City of any change in that information within one (1) week of discovering any untruth or inaccuracy. 700 D. Contractor’s Due Diligence. Contractor has made an independent investigation and examination (satisfactory 701 to it) of the conditions and circumstances surrounding the Agreement and the work to be performed 702 hereunder. Relying solely upon its own investigation, advice, and counsel, Contractor has taken such matters 703