RES 2025015 - Laserfiche WebLink

April 1, 2025 28 City of Pleasanton/GreenWaste Recovery, LLC operation and maintenance of the Approved Recyclable Materials Processing Facility in a manner that meets the 1063 requirements of this Agreement. Contractor’s operations shall allow for safe and efficient Delivery and Acceptance 1064 of Recyclable Materials by the Franchised Collector. In the event of disputes between Contractor and the Franchised 1065 Collector, Contractor shall provide written notice of the dispute to the City and Franchised Collector, and Contractor 1066 agrees to meet and confer with the Franchised Collector in good faith to resolve the dispute. If at the end of thirty 1067 (30) Days following the initial notice to the City, Contractor and Franchised Collector have not resolved the dispute, 1068 Contractor shall notify the City, and the City and Contractor shall follow the dispute resolution procedure in Article 1069 12. In the event of a dispute, Contractor shall continue performance of Contractor’s Service obligations under this 1070 Agreement (including payment of Recovered Materials Revenue Payments to the City) and shall attempt to continue 1071 to resolve that dispute in a cooperative manner, including, but not limited to, negotiating in good faith. 1072 ARTICLE 6 1073 PERFORMANCE STANDARDS 1074 6.1 Rejection of Unpermitted Waste 1075 A. Inspection. Contractor shall use Standard Industry Practices to detect and reject Unpermitted Waste in a 1076 uniform manner and shall not knowingly Accept Unpermitted Waste at the Approved Facilities. Contractor 1077 shall comply with the inspection procedure contained in its Permit requirements. Contractor shall promptly 1078 modify that procedure to reflect any changes in Permits or Applicable Law. 1079 Contractor shall develop a Load inspection program that includes the following components: (i) personnel and 1080 training; (ii) Load checking activities; (iii) management of materials; and, (iv) record keeping and emergency 1081 procedures. Contractor’s Load checking personnel shall be trained in: (i) the effects of Hazardous Substances 1082 on human health and the environment; (ii) identification of Unpermitted Waste; and, (iii) emergency 1083 notification and response procedures. Load inspection personnel shall inspect Recyclable Materials Delivered 1084 to the Approved Recyclable Materials Processing Facilities immediately after unloading of the materials from 1085 the Collection vehicles. Contractor shall implement its procedures in a uniform and non-discriminating 1086 manner from Day-to-Day for City materials and materials from other sources. 1087 B. Unpermitted Wastes Handling and Costs. Contractor shall arrange for or provide handling, Transportation, 1088 and delivery of all Unpermitted Wastes detected at the Approved Facilities to a Recycling facility, incinerator, 1089 or Disposal Site Permitted in accordance with Applicable Law. Contractor is solely responsible for making 1090 those arrangements or provisions and for all costs thereof, subject to the remedies available under Section 1091 6.1.C below. 1092 C. Remedies for Rejected Materials. If Unpermitted Waste is Delivered to the Approved Processing Facilities, 1093 Contractor shall be entitled to pursue whatever remedies, if any, it may have against Person(s) bringing that 1094 Unpermitted Waste to the Approved Recyclable Materials Processing Facility. 1095 If Contractor identifies Unpermitted Waste Delivered to the Approved Recyclable Materials Processing Facility 1096 from the Franchised Collector, Contractor shall notify the City and Franchise d Collector and, in accordance 1097 with 6.1.D below, the Franchised Collector shall Collect, Transport, and Recycle or Dispose of that 1098 Unpermitted Waste and/or remediate any resulting Contamination at the Franchised Collector’s expense. 1099 Upon notification by Contractor, the City shall have the option to require Contractor to Recycle or Dispose of 1100 the Unpermitted Waste and/or remediate any Contamination resulting there from on Franchised Collector’s 1101 behalf and Franchised Collector shall pay the Direct Costs for such service. 1102