RES 2025015 - Laserfiche WebLink

April 1, 2025 56 City of Pleasanton/GreenWaste Recovery, LLC (3) Contractor shall furnish the City with satisfactory proof that: (1) the proposed assignee has at least ten 2145 (10) years of Recyclable Materials Processing, and Diversion experience on a scale equal to or exceeding 2146 the scale of operations conducted by Contractor under this Agreement; (2) in the last five (5) years, the 2147 proposed assignee has not suffered any citations or other censure from any Federal, State or local 2148 agency having jurisdiction over its Processing, and materials management operations due to, in the 2149 City’s sole and reasonable discretion, any material or significant failure to comply with State, Federal 2150 or local materials management laws and that the assignee has provided the City with a complete list 2151 such citations and censures; (3) the proposed assignee has at all times conducted its operations in an 2152 environmentally safe and conscientious fashion; (4) the proposed assignee conducts materials 2153 management practices in full compliance with all Federal, State and local laws regulating the 2154 Processing, and Diversion of all Recyclable Materials; and, (5) any other information required by the 2155 City to ensure the proposed assignee can fulfill the Terms of this Agreement in a timely, safe, and 2156 effective manner. 2157 E. Contractor shall provide the City with any and all additional records or documentation which, in the City’s sole 2158 determination, would facilitate the review of the proposed assignment. The City shall not unreasonably 2159 withhold its consent to any such assignment. 2160 F. On the date the City approves Contractor’s written request for an assignment, Contractor shall pay the City a 2161 transfer fee in the amount of $20,000. The City’s approval of such an assignment shall be conditioned on the 2162 receipt of the transfer fee. 2163 13.7 Transition to Next Contractor 2164 If the transition of Services to another contractor occurs, through expiration of Term, default and termination, or 2165 otherwise, then Contractor will cooperate with the City , and subsequent contractor(s), to assist in an orderly 2166 transition. Contractor may, but is not obligated, to sell its Facility(ies), vehicles, or equipment to the next contractor. 2167 13.8 Compliance Audit 2168 If, in the City’s sole determination, there is any doubt regarding the compliance of Contractor with this Agreement, 2169 the City may require an audit of Contractor’s compliance and the costs of such an audit that demonstrates an error 2170 rate of less than three percent (3%) shall be borne by the City . The costs of such an audit that demonstrates an error 2171 rate equal to or greater than three (3%) shall be borne by Contractor. 2172 13.9 Binding on Successors 2173 The provisions of this Agreement shall inure to the benefit of and be binding on the successors and permitted assigns 2174 of the Parties. 2175 13.10 Non-Waiver 2176 Failure of either Party to exercise any of the remedies set forth herein within the time periods provided for shall not 2177 constitute a waiver of any rights of that Party with regard to that failure to perform or subsequent failures to 2178 perform, whether determined to be a breach, excused performance, or unexcused defaults, by the other Party. 2179