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<br />April 1, 2025 2 City of Pleasanton/GreenWaste Recovery, LLC
<br /> WHEREAS, the City Council further declares its intent to approve and maintain reasonable Rates for the 40
<br />Collection, Recycling, Processing, Composting, Transfer and/or Disposal of Solid Waste, Recyclable Materials, and 41
<br />Organic Materials; 42
<br /> WHEREAS, the City has entered into a franchise agreement with Pleasanton Garbage Service (“Franchised 43
<br />Collector”) for the Collection, Transfer, and Transport of Solid Waste, Recyclable Materials, and Organic Materials 44
<br />generated within the City; 45
<br /> WHEREAS, the City Council initiated a request for proposals for Recyclable Materials Processing services, 46
<br />and through a competitive procurement process received Contractor’s Proposal; 47
<br /> WHEREAS, the City Council has found and determined, based on Contractor’s Proposal, qualifications, 48
<br />demonstrated experience, reputation, and reasonable and competitive cost to the City, that Contractor is best able 49
<br />to provide Recyclable Materials Processing services in order to protect public health, safety, and well-being of the 50
<br />City; 51
<br /> WHEREAS, Contractor has represented and warranted to the City that it has the experience, responsibility, 52
<br />qualifications, and ability to implement safe, thorough, and competent Processing and Diversion services in 53
<br />compliance with Applicable Law and the provisions of this Agreement; 54
<br />WHEREAS, the City has determined that, in the event Contractor satisfies the terms and conditions of this 55
<br />Agreement, it is in the best interest of the City and its residents, taking into account the qualifications and experience 56
<br />of Contractor, the cost of providing such services, and the revenues from the sale of materials for the City, to ensure 57
<br />the Delivery of Recyclable Materials collected in the City by the City’s Franchised Collector to the Approved 58
<br />Processing Facility(ies); 59
<br /> WHEREAS, both the City and Contractor are mindful of the provisions of the laws governing the safe 60
<br />transfer, transport, Processing and Diversion of Recyclable Materials and Disposal of Solid Waste, including AB 939, 61
<br />AB 341, AB 1826, SB 1383, and the Resource Conservation and Recovery Act, 42 U.S.C. § 9601 et seq.; 62
<br /> WHEREAS, neither the City nor Contractor can anticipate all of the possible needs, considerations, or 63
<br />eventualities that may arise during the Term of this Agreement, and the Parties agree that they will work together 64
<br />in a spirit of mutual cooperation to resolve any such issues as and when they arise; and, 65
<br /> WHEREAS, neither the City nor Contractor can anticipate any changes in the industry as to the future means 66
<br />or methods of collection, transfer, transport, processing, diversion, and/or disposal services, and will work 67
<br />cooperatively to address such opportunities and/or issues as and when they arise. 68
<br /> NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions contained herein, 69
<br />and for other good and valuable consideration, the Parties do hereby agree as follows: 70
<br />ARTICLE 1 71
<br />DEFINITIONS 72
<br />“AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statutes of 2011 [Chesbro, AB 341]), 73
<br />also commonly referred to as “AB 341,” as amended, supplemented, superseded, and replaced from time to time. 74
<br />“AB 901” means Assembly Bill 901, approved by the Governor of the State of California on October 10, 2015, which 75
<br />amended Section 41821.5 of; amended, renumbered, and added Section 41821.6 of; and, added Sections 41821.6 76
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