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<br />April 1, 2025 5 City of Pleasanton/GreenWaste Recovery, LLC
<br />“Bulky Items” means discarded appliances, furniture, tires, carpets, mattresses, and similar large items that require 159
<br />special Collection due to their size, but can be Collected by one Person without the assistance of special loading 160
<br />equipment (such as forklifts or cranes) without violating vehicle Load limits. They do not include abandoned 161
<br />automobiles, large auto parts, or trees. 162
<br />“Business Days” means Days during which the City’s offices are open to do business with the public. 163
<br />“CALGreen” means the California Green Building Standards Code, Part 11, Title 24, of the CCR, as amended, 164
<br />supplemented, superseded, and replaced from time to time, and including, but not limited to, any implementing 165
<br />local regulations related to CALGreen that are included in any Member Agency Municipal Code. 166
<br />“California Code of Regulations (CCR)” means the State of California Code of Regulations. CCR references in this 167
<br />Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 168
<br />of CCR). 169
<br />“CalRecycle” means California's Department of Resources Recycling and Recovery. 170
<br />“CERCLA” means the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 171
<br />Section 9600 et seq.). 172
<br />“Change in Law” means any of the following events or conditions that has a material and adverse effect on the 173
<br />performance by the Parties of their respective obligations under this Agreement (except for payment obligations): 174
<br />(1) The enactment, adoption, promulgation, issuance, modification, elimination, or written change in 175
<br />administrative or judicial interpretation of any Applicable Law on or after the Effective Date; or, 176
<br />(2) The order or judgment of any governmental body, on or after the Effective Date, to the extent such 177
<br />order or judgment is not the result of willful or negligent action, error or omission, or lack of reasonable 178
<br />diligence of the City or Contractor, whichever is asserting the occurrence of a Change in Law; provided, 179
<br />however, that the contesting in good faith or the failure in good faith to contest any such order or 180
<br />judgment shall not constitute or be construed as such a willful or negligent action, error or omission, 181
<br />or lack of reasonable diligence. 182
<br />“City” means the City of Pleasanton, a municipal corporation, and all the territory lying within the municipal 183
<br />boundaries of the City as presently existing or as such boundaries may be modified during the Term. 184
<br />“City Contract Manager” means the City Manager or their designee. 185
<br />“Collect” or “Collection” (or any variation thereof) means the act of removing Recyclable Materials from the place 186
<br />of generation within the City, and Delivering such materials to the Approved Facility(ies). 187
<br />“Commencement Date” means July 1, 2025, or the date when Contractor shall begin to provide all Services set forth 188
<br />in this Agreement. 189
<br />“Commercial” means of, from or pertaining to non-Residential premises where business activity is conducted, 190
<br />including, but not limited to, wholesale and retail sales and operations, services, manufacturing and industrial 191
<br />operations, but excluding businesses conducted upon Residential property which are permitted under applicable 192
<br />zoning regulations and are not the primary use of the property. 193
<br />“Construction and Demolition Debris” or “C&D” means Discarded Materials removed from Premises during the 194
<br />construction or renovation of a structure as a result of construction, remodeling, repair, or demolition operations 195
<br />on any Residential or Commercial building or other structure, including pavement. Typically, building or other 196
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