25F - AGMT EXTENSION OF THE SOLID WASTE SERVICES

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the event that the MRF approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as to ensure the CITY'S compliance with CIWMA. CONTRACTOR shall be permitted to transport directly to a legally authorized Disposal Site those bins which are determined to have limited Recycling potential due to food or other types of contamination. Any modifications to the above - referenced percentage shall be approved by the Executive Director and shall be based on the diversion realized. (d) CONTRACTOR shall provide all the necessary services to maintain compliance with the requirements of AB 341, including but not limited to, identification of businesses that are subject to the requirements of the law; an outreach campaign to inform businesses concerning the requirements of the law; fielding calls from customers who are inquiring about commercial recycling regulations and how it might apply to them; commingled recyclable material collection service; and, monitoring and reporting on recycling activities to identify businesses not recycling and to inform them of the law and how to recycle. (1) CONTRACTOR shall provide City with an annual report surnmarizing the status of commercial recycling activities in the within the City. (2) Subject to the limitations set forth in Article 9, CONTRACTOR shall offer collection of Recyclable Materials to all Commercial and Multi -Family Customers on a subscription basis at a rate not exceeding the Maximum Service Rate for such service set forth in Exhibit C. (3) Contractor will provide wheeled carts and bins for collection of recyclable material. Customers will have the opportunity to subscribe to the appropriate service level. Three and four cubic yard bins will be made available. Collection frequency will be at least once (1) per week and up to six (6) times per week. Customers and Contractor will determine a mutually acceptable collection location. (4) CONTRACTOR shall deliver all Collected Recyclable Material to a fully permitted Recyclable Material Processing Facility or a fully permitted Transfer Station. All expenses related to Recyclable Material Processing and marketing will be the sole responsibility of CONTRACTOR. CONTRACTOR shall ensure that all Recyclable Material collected pursuant to this Agreement is diverted from the landfill in accordance with the Act and any subsequent or other applicable legislation and regulations. CONTRACTOR shall ensure that the Recyclable Material collected pursuant to this Agreement is not disposed of in a landfill, except as a Residue resulting from Processing. (5) The Approved Recyclable Material 'Processing Facility(ies) utilized by the CONTRACTOR shall be designed and constructed in accordance with Applicable Laws. Any such Recyclable Material Processing Facility(ies) shall have been issued all permits from federal, State, regional, county and city agencies necessary for it to accept the CITY'S Recyclable Materials, and be in full regulatory compliance with all such permits. 25P=25