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April 9, 2025 25 City of Pleasanton/GreenWaste Recovery, LLC City Contract Manager in writing prior to Contractor conducting such a study. The City may require that 939 Contractor coordinates the timing and method of study with other Facility users utilizing a similar Residue and 940 characterization methodology. The City shall be notified at least thirty (30) calendar Days in advance of each 941 annual study and Contractor shall invite the City Contract Manager to observe all aspects of the study. 942 F. Marketing. Contractor shall be responsible for Marketing the Recoverable Recyclable Materials Accepted at 943 the Approved Recyclable Materials Processing Facility. No Recoverable Recyclable Materials shall be 944 deposited for Disposal. 945 Upon request, Contractor shall provide proof to the City that all Recoverable Recyclable Materials are 946 Marketed for Recycling or reuse in such a manner that materials shall be considered as Diverted in accordance 947 with the State regulations established by AB 939,AB 341, SB 54, SB 343, and SB 1201 . All Residue, which will 948 include a de minimis amount of Recyclable Materials from the Processing activities that is not Marketed for 949 use, shall be reported to the City as Residue and accounted for as Disposal Tonnage at a Permitted Disposal 950 Facility. No Recoverable Recyclable Materials shall be Transported to a domestic or foreign location if Solid 951 Waste Disposal of such material is its intended use. No Recoverable Recyclable Materials or Residue shall be 952 used for Beneficial Reuse Purposes. 953 Upon request, Contractor shall provide a summary of its Marketing plan, average commodity value for each 954 material, end Markets for Recyclable Materials and submit it to the City for review and approval. Contractor 955 shall provide the City with a list of broker/buyers it has used during the preceding twelve (12) months, if 956 requested by the City. If Contractor becomes aware that a broker or buyer has illegally handled or Disposed 957 of material generated in the Service Area or elsewhere, Contractor shall immediately inform the City and 958 terminate its contract or working relationship with such party. 959 Contractor shall maintain complete, accurate, and detailed Marketing records, including Tonnage of material 960 Marketed, price, revenue received, purchaser, and end use in accordance with Section 9.1. 961 G. Residue Level (Diversion Performance) and Disposal. Contractor shall guarantee a Diversion rate of 80% for 962 Loads of Recyclable Materials containing no more than 15% Contamination upon receipt. Recyclable Materials 963 containing more than 15% Contamination will be Processed but not count toward the Diversion guarantee. 964 For the purpose of this Residue guarantee, the Residue level shall be equal to the monthly Tonnage of 965 Processing Residue requiring Disposal divided by the total monthly Tonnage of Recyclable Materials Accepted, 966 calculated through the annual Residue and material characterization study, and reported per Rate Year. 967 Residue from the Processing activities shall be Disposed of by Contractor at the Approved Disposal Facility 968 selected by Contractor and approved by the City. Contractor shall not use Residue for Beneficial Reuse 969 Purposes. Further, Contractor shall guarantee that Residue from Recyclable Materials Processing shall contain 970 no more than 10% Recyclable Materials by weight. If Residue is found to contain more than 10% Recyclable 971 Materials by weight, and includes Recoverable Marketable commodities, Contractor shall compensate the 972 City for the loss in Recovered Materials Revenue Payments due to the Marketable materials found in the 973 Residue. 974 The City reserves the right to perform onsite inspections of the Residue resulting from Processing. In the event 975 the City suspects that Recyclable Materials in the Residue exceeds the threshold based on those observations, 976 the City may engage a third party to conduct an on-site review of the Residue, up to once per Rate Year, to 977 verify compliance with the Residue guarantee. If Contractor disputes the City’s findings, the City and 978 Contractor shall meet and confer to agree on specific actions and timelines Contractor will take to reduce 979 Accepted Recyclable Materials in the Residue prior to initiating any dispute resolution proceedings under this 980 Agreement. 981 H. Visitor Education Facility. Contractor shall make its visitor education facility at the Approved Recyclable 982 Materials Processing Facility available for use by City. The Facility will be available for scheduled visits at a 983 minimum, from 8:00 a.m. to 3:00 p.m., Monday through Friday, except for Holidays, or at any other times 984 Docusign Envelope ID: B9D91F28-4A42-4ED7-9248-1A1839D4B6C9