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SECTION D <br /> KEY CONTRACT TERMS, SERVICE CONDITIONS, &PERFORMANCE <br /> REQUIREVIENTh <br /> This section highlights certain service conditions, performance standards, and key <br /> contract requirements. However, there are many other important terms, <br /> conditions, and requirements as specified in the attached Agreement and the City's <br /> Municipal Code, and it is the responsibility of the Contractor to review all applicable <br /> rules, regulations, contract terms, and service conditions and requirements in the <br /> aforementioned documents, in addition to the information contained in this RFP. <br /> D.1 EXCLUSIVENESS OF AGREEMENT <br /> The Contractor shall have the exclusive duty, right and privilege to collect, <br /> transport, process, recycle, divert by means of composting, mulching, and/or <br /> transforming, retain and dispose of all solid waste, as defined in the attached <br /> Agreement, generated and/or accumulated within the City, except as provided <br /> below. Contractor recognizes that this grant of exclusiveness is subject to the <br /> restraints provided in Public Resources Code Sections 49520 et seq. <br /> (a) The grant of exclusiveness shall not include construction or demolition <br /> solid waste which has accumulated or been generated at a temporary <br /> construction site and which is being disposed of in a roll-off container(s). <br /> (b) The Agreement shall not prohibit the persons who generate solid waste, or <br /> the persons who own the premises upon which solid waste has been <br /> generated or accumulated, from personally collecting, transporting and <br /> disposing of their own solid waste so long as they dispose of such solid <br /> waste at a site permitted by the California Integrated Waste Management <br /> Board in accordance with all governing laws and regulations. <br /> (c) The Agreement shall not prohibit the persons who generate solid waste, or <br /> the persons who own the premises upon which solid waste has generated <br /> or accumulated, from: (1) selling their recyclable solid wastes to a recycler, <br /> or, (2) donating their recyclable solid wastes to a nonprofit charity <br /> registered with the Attorney General of the State of California; provided, <br /> however, that in both instances: (a) the person must personally segregate <br /> on its premises from other solid waste the recyclable solid waste to be sold <br /> or donated, and (b) the person may not pay the buyer or the donee any sums, <br /> consulting fees or other fees in lieu of charging for collection, or other <br /> tangible consideration for collecting, processing or transporting such <br /> segregated recyclable solid wastes. A person who simply receives a <br /> discount of, or reduction in, the collection and disposal service rates of its <br /> unsegregated solid waste shall not be deemed to be selling or donating <br /> recyclable solid wastes for purposes of this exception. <br /> Page 16 <br />