GREENWASTE RECOVERY, LLC - Laserfiche WebLink

April 9, 2025 17 City of Pleasanton/GreenWaste Recovery, LLC 2.6 Extended Producer Responsibility Programs618 A. General. The City and Contractor acknowledge that the requirements under the existing Extended Producer 619 Responsibility Programs (including, but not limited to, AB 1201, SB 1383, SB 54, and SB 343) may be applicable 620 to the Services provided by Contractor under this Agreement, and that additional or amended Extended 621 Producer Responsibility Programs may be established in the future. Contractor further acknowledges that, 622 because the Approved Recyclable Materials Processing Facility Accepts materials from the public that may be 623 regulated by an Extended Producer Responsibility Program, Contractor may be uniquely positioned to operate 624 or participate in such programs. 625 B. Change in Scope. The City may require Contractor’s compliance with, and participation in, existing and/or 626 new Extended Producer Responsibility Programs that may include a modification to Exhibit D or Contractor 627 implementation of a drop-off program(s) at the Approved Recyclable Materials Processing, to the extent that 628 doing so is reasonably appropriate and does not violate the Permits of the subject Facility. 629 Notwithstanding Section 8.5.A.4, any and all City Extended Producer Responsibility Program requests and/or 630 requirements shall be treated as a change in scope in accordance with Sections 2.3, 8.5.A.1, and 8.6 and shall 631 not be treated as a Change in Law pursuant to Section 8.5.A.4; provided, however, that Contractor shall be 632 expressly precluded from requesting a Special Tipping Fee Review for a change in scope if Contractor’s is 633 compensated in whole for Processing, Recovery, and/or Diversion costs associated with such participation. 634 Additionally, Contractor shall be expressly precluded from requesting any Special Tipping Fee Review, as 635 described in this Section, for any materials Contractor represented as already being Recovered and or 636 Diverted, as described in Exhibit E, even if the subject material is covered under what might otherwise be 637 considered an eligible item under Section 8.5.A. 638 C. City Rights to Solicit Proposals. The City may, from time-to-time, request that Contractor initiate or 639 participate in an Extended Producer Responsibility Program; provided, however, that Contractor 640 acknowledges and agrees that the City is under no obligation to request any such proposal from Contractor. 641 Furthermore, Contractor acknowledges and agrees that, at any time during the Term of this Agreement, the 642 City may solicit proposals from other Persons related to Extended Producer Responsibility Programs and may 643 permit other Persons besides Contractor to provide such services, and that nothing herein shall prevent the 644 City from also soliciting cost and operating information from other Persons in order to inform the City’s 645 evaluation of any Contractor-provided proposal. 646 D. City Requested Proposal. If the City requests an Extended Producer Responsibility Program proposal from 647 Contractor under this Section, Contractor shall be required seek out and coordinate with the applicable 648 Stewardship Organization designated for the applicable program and shall describe such partnership in its 649 proposal; these requirements are in addition to the requirements provided in Section 2.4. The City’s written 650 request for a proposal may also require additional and/or specific information relating to the Extended 651 Producer Responsibility Program, including such information determined by the City (at the City Manager’s 652 sole discretion) to be reasonably necessary. The City shall review the proposal and may request additional 653 supporting documentation, calculations, or other information necessary to evaluate Contractor’s proposal for 654 reasonableness and to evaluate Contractor’s ability to comply with the requirements of the Extended 655 Producer Responsibility Program. 656 As such, Contractor shall, by default, accept the City’s request to enact the Extended Producer Responsibility 657 program, unless Contractor can demonstrate significant barriers that would make providing such services 658 impracticable. Contractor shall express any objections or concerns during the meet-and-confer period and 659 Contractor shall provide substantial evidence of such barriers in Contractor’s proposal. Such information will 660 be further reviewed by the City. 661 E. Record Keeping and Reporting. Contractor acknowledges that, as part of the Services provided under this 662 Agreement, Contractor’s participation in any Extended Producer Responsibility Program may impact the City, 663 Docusign Envelope ID: B9D91F28-4A42-4ED7-9248-1A1839D4B6C9