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Resolution No. 2025-
<br />Page 2 of 3
<br />WHEREAS, the City Council further declares its intent to approve and maintain
<br />reasonable Rates for the Collection, Recycling, Processing, Composting, Transfer
<br />and/or Disposal of Solid Waste, Recyclable Materials, and Organic Materials; and
<br />WHEREAS, the City Council initiated a request for proposals for Recyclable
<br />Materials Processing services, and through a competitive procurement process
<br />received Contractor’s proposal;
<br />WHEREAS, the City Council has found and determined, based on Contractor’s
<br />proposal, qualifications, demonstrated experience, reputation, and reasonable and
<br />competitive cost to the City, that Contractor is best able to provide Recyclable
<br />Materials Processing services in order to protect public health, safety, and well-being
<br />of the City;
<br />WHEREAS, Contractor has represented and warranted to the City that it has
<br />the experience, responsibility, qualifications, and ability to implement safe, thorough,
<br />and competent Processing and Diversion services in compliance with Applicable Law
<br />and the provisions of this Agreement;
<br />WHEREAS, the City has determined that, in the event Contractor satisfies the
<br />terms and conditions of this Agreement, it is in the best interest of the City and its
<br />residents, taking into account the qualifications and experience of Contractor, the
<br />cost of providing such services, and the revenues from the sale of materials for the
<br />City, to ensure the Delivery of Recyclable Materials collected in the City by the City’s
<br />Franchised Collector to the Approved Processing Facility(ies);
<br />WHEREAS, both the City and Contractor are mindful of the provisions of the
<br />laws governing the safe transfer, transport, Processing and Diversion of Recyclable
<br />Materials and Disposal of Solid Waste, including AB 939, AB 341, AB 1826, SB 1383,
<br />and the Resource Conservation and Recovery Act, 42 U.S.C. § 9601 et seq.;
<br />WHEREAS, neither the City nor Contractor can anticipate all of the possible
<br />needs, considerations, or eventualities that may arise during the Term of this
<br />Agreement, and the Parties agree that they will work together in a spirit of mutual
<br />cooperation to resolve any such issues as and when they arise; and,
<br />WHEREAS, neither the City nor Contractor can anticipate any changes in the
<br />industry as to the future means or methods of collection, transfer, transport,
<br />processing, diversion, and/or disposal services, and will work cooperatively to
<br />address such opportunities and/or issues as and when they arise.
<br />NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
<br />CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER
<br />THE FOLLOWING:
<br />SECTION 1: The City Council approves the Agreement between the
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