Complete_with_DocuSign_San_Leandro_and_Waste

Home

July 15, 2024 Page 14 City of San Leandro Post Collection product targets or the City’s annual recovered organic waste product procurement target 503 changes, the City may, at its sole discretion, sever the provisions of this Section or amend the tons 504 required for procurement without impact to the rest of the Agreement. Should the City request 505 changes to how compost is provided directly to the City (e.g. provided in bags instead of in bulk) 506 the Parties shall meet and confer to determine any change in cost for such service. 507 G. Changes to Accepted Materials. Contractor shall Accept all Organic Materials as defined in Exhibit 508 C and shall Accept all materials required to be Accepted and/or Composted by Applicable Law or 509 Extended Producer Responsibility Programs, including but not limited to, AB 1201, SB 1383, SB 54, 510 and SB 343, unless otherwise directed by the City. A change in the Acceptable materials list resulting 511 from a Change in Law shall not warrant an adjustment to the Contractor’s compensation, except as 512 otherwise provided for in Section 8.4.E. 513 If either Party is made aware of a required change in the Accepted materials list due to an Extended 514 Producer Responsibility Program or Applicable Law, that Party shall notify the other Party within 515 thirty (30) days of being made aware of such change. Upon City request, the Parties shall promptly 516 meet and confer to discuss the timeline and process for implementing such changes to the 517 Acceptable materials list. If the change in the Accepted material list is due to an Extended Producer 518 Responsibility Program, Contractor shall implement such changes in accordance with, and subject 519 to the limitations of, Section 3.7 and 8.4. Contractor shall implement changes to the Accepted 520 materials list upon approval by the City or by any required deadlines under Applicable Law, 521 whichever is sooner. Contractor shall maintain records in accordance with Section 3.7.D and Exhibit 522 D. Pursuant to Section 10.11, Contractor shall bear full responsibility for complying with all 523 Applicable Laws and provisions of this Agreement. 524 4.3 C&D PROCESSING 525 A. Processing. Contractor shall Accept all C&D at the Approved C&D Processing Facility and shall 526 Process such material in accordance with Contractor’s Proposal as detailed in Exhibit G. Contractor 527 shall operate the Approved C&D Processing Facility in accordance with Applicable Law and all 528 standards of performance described in Article 5. Contractor shall meet the following minimum 529 Processing standards at the Approved Organic Materials Processing Facility: 530 1. Load checking to remove any Excluded Materials 531 2. Maintaining the separation of Source-Separated C&D from Mixed C&D 532 3. Pre-sorting of large items prior to further Processing 533 4. Mechanical separation of two-dimensional and three-dimensional materials 534 5. Separation of individual Commodities via manual and/or mechanical methods, and/or use of 535 advanced sorting technologies (e.g., optical sorters) 536 6. Final screening and quality control for all recovered material Commodities 537 B. Capacity Guarantee. Contractor guarantees sufficient capacity at the Approved C&D Processing 538 Facility to Process all City Delivered Materials throughout the Term of the Agreement. 539 C. Diversion. Contractor shall at all times maintain a Diversion percentage of at least sixty-five percent 540 (65%), assuming such material may be used as ADC, and ADC is deemed diversion, or thirty-three 541 percent (33%) without use as ADC for Mixed C&D Tons delivered by the Collection Contractor and 542 Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C