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<br />April 1, 2025 4 City of Pleasanton/GreenWaste Recovery, LLC
<br />“Alternative Intermediate Cover (AIC)” means CalRecycle-approved materials other than soil used at a landfill on 118
<br />all surfaces of the fill where no additional Solid Waste will be deposited within one hundred eighty (180) Days. 119
<br />Generally, these materials must be Processed so that they do not allow gaps in the face surface, which would provide 120
<br />breeding grounds for insects and vermin. 121
<br />“Annual Percentage Change” means the annual percentage change in any of the indices defined below, calculated 122
<br />as described in the following paragraph. 123
<br />The Annual Percentage Change for a cost index shall be calculated as the Average Index Value for the most recently 124
<br />available twelve- (12-) month period of the then-current Rate Year minus the Average Index Value for the 125
<br />corresponding twelve- (12-) month period of the most-recently-completed Rate Year and the result of which shall 126
<br />be divided by the Average Index Value for the same twelve- (12-) month period of the most recently completed Rate 127
<br />Year. The Annual Percentage Change shall be rounded (up or down) to the nearest thousandth (1,000th). 128
<br />For example, if Contractor is preparing its Rate application in January of 2028 for Rates to be effective for Rate Year 129
<br />Two, the Annual Percentage Change in CPI-U shall be calculated as follows: [(Average Index Value CPI-U for January 130
<br />2027 through December 2027) – (Average Index Value CPI-U for January 2026 through December 2026)] / (Average 131
<br />Index Value CPI-U for January 2026 through December 2026)]. 132
<br />“Applicable Law” means all Federal, State, County, and local laws, regulations, rules, orders, judgments, decrees, 133
<br />permits, approvals, or other requirement of any governmental agency having jurisdiction over the Collection, 134
<br />Transportation, Processing, and Disposal of Recyclable Materials, Organic Materials, C&D Debris, and/or Excluded 135
<br />Materials that are in force on the Effective Date and as may be enacted, issued, or amended during the Term of this 136
<br />Agreement. The Parties acknowledge that, as of the date of this Agreement, the State has passed legislation 137
<br />including, but not limited to, AB 1201, SB 54, SB 343, and the Advanced Clean Fleets Regulation, where further 138
<br />regulatory requirements may be established. 139
<br />“Approved Affiliates” means the Affiliates listed on Exhibit F that provide services, property, equipment, vehicles, 140
<br />or other support related directly or indirectly to this Agreement. 141
<br />“Approved Disposal Facility" means the Regen Monterey Landfill, which is Owned by Monterey County and 142
<br />operated by Regen Monterey, and approved by the City for Disposal of Residue. 143
<br />“Approved Facility(ies)” means the Approved Disposal Facility and Approved Recyclable Materials Processing 144
<br />Facility. 145
<br />“Approved Recyclable Materials Processing Facility” means the GreenWaste San Jose MRF, which is Owned by 146
<br />GreenWaste Recovery, LLC and operated by GreenWaste Recovery, LLC, and approved by the City for Processing of 147
<br />Recyclable Materials. 148
<br />“Average Index Value” means the sum of the monthly index values during the most recently available twelve- (12-) 149
<br />month period divided by twelve (12) (in the case of indices published monthly) or the sum of the bi-monthly index 150
<br />values divided by six (6) (in the case of indices published bi-monthly). 151
<br />“Batteries” means alkaline batteries that are typically found in common household items such as flashlights, 152
<br />cameras, toys, lithium batteries, rechargeable batteries, and any type of battery found in a motorized or electric 153
<br />vehicle. 154
<br />“Beneficial Reuse Purposes” means use of material for beneficial reuse at a Disposal Site, which shall include, but 155
<br />not be limited to, the following: Alternative Daily Cover, Alternative Intermediate Cover, final cover foundation layer, 156
<br />liner operations layer, leachate and landfill gas collection system, construction fill, road base, wet weather 157
<br />operations pads and access roads, and soil amendments for erosion control and landscaping. 158
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