RES 2025015 - Laserfiche WebLink

April 1, 2025 26 City of Pleasanton/GreenWaste Recovery, LLC upon mutual agreement. Contractor shall deliver visitor presentations and provide up to twenty (20) tours of 985 the Approved Recyclable Materials Processing Facility per Rate Year for organizations within the City , unless 986 impractical due to safety concerns. Contractor shall make video tours of its Facility available for the City’s use 987 with youth groups, given the Contractor’s prohibition of visitors under the age of eighteen (18). 988 5.5 Delivery and Acceptance of Recyclable Materials 989 A. General. On the Commencement Date and continuing throughout the Term, the City shall direct its Franchised 990 Collector to Deliver All Recyclable Materials Collected in the City to the Approved Recyclable Materials 991 Processing Facility , and Contractor shall commence Acceptance, Processing, Diversion, and Marketing of such 992 materials on the Commencement Date. 993 Contractor and the City agree to work cooperatively with the Franchised Collector to manage the Collection, 994 Delivery, and Acceptance process in such a way that Loads Accepted by Contractor do not include an excessive 995 amount of Contaminants that would cause Contractor to exceed the Approved Recyclable Materials 996 Processing Facilities permitted Residue levels (for a particular month). 997 B. City Obligation for Delivery. The City’s obligation to direct Delivery of Recyclable Materials Collected by its 998 Franchised Collector in the City shall be contingent upon Contractor’s satisfaction of the terms and conditions 999 of this Agreement including, but not limited to, the following requirements: 1000 (1) Contractor. Contractor being able to fully perform Contractor’s Services. 1001 (2) Site Permits and Approvals. Contractor and Approved Facilities being in compliance with Applicable 1002 Law with respect to any and all Permits required for operations of Approved Facilities. 1003 (3) Confirmation of Contractor’s Representations and Warranties. Representations and warranties made 1004 by Contractor in Article 3 are true and correct in all material respects and there have been no 1005 substantial changes in the financial position of Contractor. 1006 (4) Adverse Changes in Contractor. Since the Effective Date, there shall not have occurred any material 1007 change, financial or otherwise, that would adversely affect the ability of Contractor to perform 1008 Contractor’s obligations hereunder or its obligations under any other agreement, contract or 1009 instrument entered into or to be entered into by Contractor in connection with operation of the 1010 Approved Facilities, Contractor’s obligations, the Services hereunder, and the transactions 1011 contemplated hereby. 1012 (5) No Default. Contractor not being in breach or default under this Agreement or any other agreement 1013 with the City . 1014 C. Acceptance by Contractor. Contractor shall diligently visually inspect Loads and periodically shall manually 1015 characterize Loads to confirm that Accepted Recyclable Materials conform to the list of Recyclable Materials 1016 in Exhibit D and do not contain Unpermitted Waste. Contractor shall implement Load-checking procedures in 1017 a uniform and non-discriminating manner from Day-to-Day and for the City’s Recyclable Materials and 1018 materials from other sources. Ownership of the Recyclable Materials transfers to Contractor pursuant to 1019 Section 5.8 and Contractor cannot reject the Load thereafter. 1020 D. Contaminated Load Monitoring and Rejection. The objective of the Load monitoring and notification process 1021 is for Contractor to identify Loads of Recyclable Materials containing more than 15% Contamination. It is 1022 Contractor’s responsibility to monitor the Delivered Loads of Recyclable Materials at the Approved Recyclable 1023 Materials Processing Facility for Contamination in excess of 15% and to inform both Contractor and the City 1024