RES 2025015 - Laserfiche WebLink

April 1, 2025 36 City of Pleasanton/GreenWaste Recovery, LLC 6.14 Compliance with Applicable Law 1387 Contractor (or its Affiliate or Subcontractor(s)) warrants throughout the Term that the Approved Facilities selected 1388 by Contractor are respectively authorized and Permitted to Accept Recyclable Materials in accordance with 1389 Applicable Law and are in full compliance with Applicable Law. Contractor shall: (1) verify compliance for the 1390 Approved Facilities (that neither it nor its Affiliates Own) by contacting the local enforcement agency and other 1391 regulatory agencies having jurisdiction over the Approved Recyclable Materials Processing Facility at least quarterly; 1392 and, (2) upon the City ’s direction, shall promptly provide the City with copies of the Approved Facilities’ Permits or 1393 notice of violations. 1394 6.15 Compliance with Facility Rules 1395 Contractor shall observe and comply with all regulations in effect at the Approved Facilities and cooperate with the 1396 operators thereof with respect to Delivery and Acceptance of Recyclable Materials, including complying with 1397 Unpermitted Waste exclusion programs. 1398 6.16 Disposal of Recyclable Materials Prohibited 1399 With the exception of Processing Residue, Recyclable Materials may not be Disposed of or used for Beneficial Reuse 1400 Purposes, without the expressed written approval of the City . 1401 If for reasons beyond its reasonable control, Contractor (or its Affiliate(s) or Subcontractor(s)) believes that it cannot 1402 Divert the Recyclable Materials from Disposal, then it shall prepare a written request for approval to Dispose of such 1403 material. Such request shall contain the basis for Contractor’s belief (including, but not limited to, supporting 1404 documentation), describe Contractor's efforts to arrange for the Diversion of such material, the period required for 1405 such Disposal, the incremental net cost increases or net cost savings (giving account to the value from the sale of 1406 the Recovered Materials) and net reduction to the Recovered Materials Revenue Payments resulting from such 1407 Disposal, and any additional information supporting Contractor's request. 1408 In addition, the request shall describe Contractor’s proposed interim plans for implementation while the City is 1409 evaluating its request. If the City objects to the interim plans, the City shall provide written notice to Contractor and 1410 request an alternative arrangement. The City shall consider Contractor’s request and inform Contractor in writing of 1411 its decision within sixty (60) Days. If the City approves such request, any difference in the net cost of such Disposal 1412 compared to Diversion shall be adjusted in accordance with Section 8.5. Depending on the nature of Contractor’s 1413 request, the City may extend the sixty (60) Day period, at its own discretion not to exceed a total duration of one 1414 hundred eighty (180) Days, to provide more time for evaluation of the request and negotiation of an acceptable 1415 arrangement with Contractor. 1416 6.17 Reporting 1417 On a monthly basis, Contractor shall provide all necessary reporting data requested by the City relating to the City's 1418 compliance requirements pertaining to AB 939, AB 341, AB 1826, SB 1383, and AB 1694 as it affects the City's 1419 reporting to CalRecycle. Reports shall be presented on a calendar year and/or Rate Year basis, at the City’s request, 1420 and in a format approved by the City. 1421 Contractor shall cooperate in activities requested by the City to measure Diversion of Recyclable Materials from 1422 landfills, including, but not limited to, providing a location for conducting composition analyses of the Recyclable 1423 Materials through sorting of the materials into individual types of Recyclable Materials at Contractor's Facility. Such 1424 reports shall include, but not necessarily be limited to, throughput, Diversion rates per material type, Residue, costs, 1425 Recovered Materials commodity values, and final disposition of Recyclable Materials. Contractor shall also supply 1426