RES 2025015 - Laserfiche WebLink

April 1, 2025 19 City of Pleasanton/GreenWaste Recovery, LLC into consideration in entering this Agreement to provide Services in exchange for Contractor Revenue 704 provided for under the terms of this Agreement. 705 E. Ability to Perform. Contractor possesses the business, professional, and technical expertise to manage, 706 Process, and Divert the Recyclable Materials, and Contractor possesses the equipment, facilities, and 707 employee resources required to perform Services under the terms of this Agreement. 708 F. Voluntary Use of Approved Facilities. Contractor, without constraint and as a free-market business decision 709 in accepting this Agreement, agrees to use the Approved Facilities, or other location approved by the City, for 710 the purposes of Processing or Diverting all Recyclable Materials Accepted and for Disposal of Residue. Such 711 decision by Contractor in no way constitutes a restraint of trade notwithstanding any Change in Law regarding 712 flow control limitations or any definition thereof. 713 G. No Warranty Regarding Volumes or Material Types. Contractor recognizes that the City expressly disclaims 714 any warranties, either express or implied, as to the volume, type, merchantability or fitness for any particular 715 purpose of Recyclable Materials Delivered by the Franchised Collector and Accepted and Processed by 716 Contractor. 717 H. Capacity. Contractor warrants that, as of the Commencement Date, it has Processing capacity at the Approved 718 Processing Facilities to Process all Recyclable Materials Accepted at the Approved Processing Facilities from 719 the Franchised Collector throughout the Term and that it shall maintain that Processing capacity through the 720 Term. If Contractor fails to provide the capacity needed to fulfill its obligation, the City may assess Liquidated 721 Damages for each Ton of the Recyclable Materials that Contractor does not Accept or Process in accordance 722 with Section 11.9 and Exhibit B. 723 I. Permits and Approvals. Contractor warrants that all licenses, Permits, qualifications, and approvals of 724 whatsoever nature that are legally required for Contractor to perform its obligations under this Agreement 725 shall be secured on or before the Commencement Date of this Agreement, and Contractor further warrants 726 that it shall, at its sole cost and expense, keep in effect or obtain at all times during the Term all licenses, 727 Permits, and approvals that are legally required for Contractor to perform its obligations under this 728 Agreement. 729 J. Covenant Not to Sue. For the Term of this Agreement, Contractor agrees that neither Contractor, its officers, 730 employees, agents, Subcontractors, nor its Affiliates, will file any lawsuit against the City that alleges any 731 claims related to, arising out of, or in connection with the City’s Request for Proposals process for Contractor’s 732 Services, including the award of any agreement or contract thereunder. 733 K. Iran Contracting Act Certification. Contractor represents and warrants that it is in compliance with and has 734 completed all requirements necessary to become certified under the Iran Contracting Act (Public Contract 735 Code Sec. 2200). Proof of certification shall be included as Exhibit C of this Agreement. 736 3.2 Of the City 737 By acceptance of this Agreement, the City represents and warrants that: 738 A. Existence and Powers. The City is a municipal corporation organized and validly existing under the laws of the 739 State of California, with full legal right, power, and authority to enter into and perform its obligations under 740 this Agreement. 741 B. Due Authorization and Binding Obligation. The City has the authority to enter into and perform its obligations 742 under this Agreement. The City has taken all actions required by law or otherwise to authorize the execution 743 of this Agreement. The Person(s) signing this Agreement on behalf of the City have authority to do so, and 744