1997 AGN MAY 19 - Laserfiche WebLink

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1 2 � � 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2b 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 irrevocable obligation in an aggregate amount equal to $100,000 to make payment to the City of $55,000 if in reasonable judgment of the City, Contractor has not acquired all requisite interest in its project site and completed all required environmental review and received all required permits for the solid waste facility operation on or before July l, 1999; and $45,000 if in the reasonable judgment of the City, Contractor has not completed construction and commenced processing and transfer operations on or before December 31, 2000. In the event such Processing Facility is otherwise changed, Contractor's Service Fee shall be adjusted for increases or decreases in transportation costs, if any, in accordance with item 2 of Section 10.04. For ease of reference, Parties shall attach any agreements between a Processing Facility owner or operator and either Party and any rules, regulations, policies or fee schedules relating to such Processing Facility or Facilities, as Exhibit 4.02b(1)#1, and the City's a�reement with a Composting Facility operator and any rules, regulations, policies or fee schedules relating to such Compostin� Facility operator as Exhibit 4.02b(1)#2. If City is not a party to any of such agreements, Contractor shall arrange for City to be a third party beneficiary thereof. The Parties shall promptly update such Exhibits to reflect any and all amendments to or replacements of any such agreements, rules, regulations, policies or price schedules. City reserves the right to direct Contractor to take Bulky Waste to a designated site or sites for the purpose of permitting Persons who will reuse or recycle such Bulky Waste to obtain the Bulky Waste at no cost. Contractor shall have no obligation to dispose of any Bulky Waste remaining at the site or sites after reusers and recyclers have removed reusable or recyclable Bulky Waste. (2) Weighing and Record Requirements. Contractor shall ensure that, at a minimum, all materials shall be weighed upon delivery to the Processing Facility or Facilities and Composting Facility, as the case may be, and all weight and related delivery information (including date, time, material type, route and truck number, and identification number) shall be recorded. If tipping is recorded on video cameras at any Processing, Composting or Disposal Facility, Contractor shall make, or arrange with such Facility operator to make, such videos available for City review during Facility operating hours. After processing, baling, containerizing or othenvise preparing for shipping, Contractor shall ensure that all processed materials and residue therefrom shall again be weighed and the weights recorded, and shall use Reasonable Business Efforts to ensure that all recorded weights of materials delivered, shipped to market and/or disposed of shall be reconciled on a monthly basis. Contractor shall ensure that all scales shall again be weighed and the weights recorded, and shall use Reasonabie Business Efforts to ensure that 11 recorded weights of materials delivered, shipped to market and/or disposed of shall be reconciled on a monthly basis. Contractor shall ensure that all scales shall be weigh master certified and shall be regularly maintained to ensure their reliability and continued functioning. (3) Recvclables Specifications. Contractor shall ensure or cause to be ensured that the quality of Recyclables continues to meet the specifications set out by Contractor in its current Marketing Plan or such other specifications as are mutually agreed by Contractor and the City Representative. City shall have no responsibility for the quality of Recyclables delivered by Contractor to the Processing Facility nor for any Recyclables rejected by the Processing Facility or broker or other purchaser 5/06/97 execution 19