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<br />April 1, 2025 6 City of Pleasanton/GreenWaste Recovery, LLC
<br />modification Permits are required for Premises during construction or renovation; however, a property Owner’s 197
<br />failure to secure Permits shall not change the way materials from such projects are defined herein. 198
<br />“Contaminant(s)” or “Contamination” (or other variations thereof) means any materials not identified in Exhibit D, 199
<br />which are Collected by Franchised Collector with Recyclable Materials excluding Items 2 through 12 in the definition 200
<br />of Unpermitted Waste. 201
<br />“Contractor” means GreenWaste Recovery, LLC, any Subcontractors, and Approved Affiliates listed in Exhibit F. 202
<br />“Contractor’s Proposal” means the proposal to provide the Services described in this Agreement, submitted to the 203
<br />City by Contractor, which is attached to this Agreement as Exhibit E, and incorporated herein by reference. 204
<br />“Contractor Revenue” means Gross Receipts plus any revenue received from the sale of Recovered Materials less 205
<br />Recovered Materials Revenue Payments to the City pursuant to Article 7. 206
<br />“CPI-U” means the Consumer Price Index, All Urban Consumers, all items, not seasonally adjusted San Francisco-207
<br />Oakland-Hayward Metropolitan Area compiled and published by the U.S. Department of Labor, Bureau of Labor 208
<br />Statistics. 209
<br />“Criminal Activity” means, but is not limited to: 210
<br />(1) any criminal offense in connection with obtaining, attempting to obtain or procuring a public or private 211
<br />agreement related to Solid Waste, Organic Materials, or Recyclable Materials services of any kind, 212
<br />including this Agreement; 213
<br />(2) bribery or attempting to bribe a public officer or employee of a local, State, or Federal agency; 214
<br />(3) fraud, embezzlement, extortion, racketeering, false claims, forgery, falsification or destruction of 215
<br />records, obstruction of justice, knowingly receiving stolen property, theft; and/or, 216
<br />(4) violation of antitrust laws, including laws relating to price-fixing, bid-rigging and sales and market 217
<br />allocation, and of unfair and anti-competitive trade practice laws, including with respect to 218
<br />determination of Recovered Materials Revenue Payments. 219
<br />“Days” means calendar days, including Saturdays, Sundays, and Holidays, except as otherwise specifically provided 220
<br />herein. 221
<br />“Delivered” or “Delivery” (or other variations thereof) means arrival of Recyclable Materials in Franchised Collector’s 222
<br />Collection vehicles at the entrance of an Approved Facility during Facility receiving hours for the purposes of 223
<br />Acceptance. 224
<br />“Designated Waste” means non-Hazardous Waste which may pose special Disposal problems because of its 225
<br />potential to contaminate the environment and which may be Disposed of only in Class II Disposal sites or Class III 226
<br />Disposal sites pursuant to a variance issued by the California Department of Health Services. Designated Waste 227
<br />consists of those substances classified as Designated Waste by the State of California, CCR Title 23, Section 2522 as 228
<br />may be amended from time to time. 229
<br />“Direct Costs” means the sum of: 230
<br />(1) payroll costs directly related to Contractor’s performance, or supervision of any obligation pursuant to 231
<br />the provisions of this Agreement, or the City’s administration and enforcement of this Agreement, 232
<br />comprised of compensation and fringe benefits, including vacation, sick leave, Holidays, retirement, 233
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