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1 <br />2 <br />-, <br />� <br />4 <br />5 <br />6 <br />7 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />(9) City Representative. Contractor shall not offer the City Representative or other officers and <br />employees of City, employment in matters which are connected with their former duties or official <br />responsibilities without City consent, which shall be given in City's sole discretion. <br />4.02 Diversion. <br />a. No Commingling. Contractor shall not commingle, in the Vehicles or otherwise, any Refuse with <br />any Recyclables or Green Waste, or any Refuse, Recyclables, Green Waste or Bulky Waste with any <br />other materials collected by Contractor, without the express prior written authorization of the City. <br />Contractor shall further maintain procedures, records and internal controls to preclude such <br />commingling and to ensure complete, accurate and timely recording and reporting of Recyclables <br />processing and sales. <br />b. Processing. <br />(1) Facilitv Selection. Contractor shall transport and deliver to a City approved Processir�g Facility <br />or Facilities all Recyclables (including Residential Recyclables, Commercial Recyclables, City <br />Recyclables, recyclable Bulky Waste; and to a Composting Facility all Green Waste. Such facilities <br />shall be permitted under and in substantial compliance with Applicable Law. Contractor shall select <br />such Facilities which result in the least expensive processing option for the City, taking into account <br />tipping fees thereat, revenue sharing, if any, and transportation costs thereto, consistent with public <br />health and safety, diversion provisions of AB 939, and Contractor's obligations hereunder. <br />Contractor shall ensure there is sufficient capacity at such Facility or Facilities to process, and store <br />until marketed, all Recyclables, Bulky Waste, Commercial MSW and Green Waste Collected by <br />Contractor during any one-week collection period, and that the City Representative and his or her <br />designees shall have access to such Facility or Facilities during its operating hours. <br />City reserves the right to disapprove of Contractor's selected Facility or Facilities, in which case <br />Contractor will designate an alternative, also subject to City approval. If public health, safety and/or <br />fiscal interest requires, or compliance with Applicable Law necessitates, the City may designate such <br />Facility or Facilities. <br />As of the date hereof, Contractor has selected and the City has approved its CVT materials recovery <br />facility located in Anaheim, Ca(ifornia as the Processing Facility for Recyclables, Bulky Waste and <br />Commercial MSW, which the Parties agree requires Contractor to transport Recyclables twenty miles <br />round trip to Contractor's San Bernardino trans-loading site and Bulky Waste and Commercial MSW <br />seventy-eight miles round trip to such facility in Anaheim, and Inland Empire Composting Company <br />as the Composting Facility, which the Parties agree requires Contractor to transport Green Waste <br />si�cteen miles round trip; provided that Contractor shall use Reasonable Business Efforts to site, <br />design, finance, construct and complete a materials recovery facility located within the City, capable <br />of processing Recyclables, Bulky Waste and Commercial MSW, and upon commencement of <br />operation thereof, it shall become the Processing Facility. Contractor will provide an irrevocable <br />letter of credit issued by a bank satisfactory to the City in its independent judgment, being an <br />5/46/97 execution <br />� <br />