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<br />April 1, 2025 7 City of Pleasanton/GreenWaste Recovery, LLC
<br />workers compensation insurance, Federal and State unemployment taxes and all medical and health 234
<br />insurance benefits; plus 235
<br />(2) the costs of materials, services, direct rental costs and supplies; plus 236
<br />(3) the reasonable costs of any payments to Subcontractors necessary to and in connection with the 237
<br />performance under or administration and enforcement of this Agreement; plus 238
<br />(4) any other cost or expense which is directly or normally associated with the task performed. 239
<br />Such Direct Costs are to be substantiated by: (i) a certificate signed by the principal financial officer of Contractor or 240
<br />the authorized representative of the City or his or her designee, as the case may be, setting forth the amount of the 241
<br />cost and the reason why the cost is properly chargeable, as the case may be, and representing that the cost is an 242
<br />arm's length and competitive price, if there are competitive prices, for the service or materials supplied; and (ii) if 243
<br />the City or Contractor requests, as the case may be, additional back-up documentation as may be available to 244
<br />reasonably substantiate any Direct Cost, including invoices from suppliers and Subcontractors. 245
<br />“Disposal” (or any variation thereof) means the final disposition of Solid Waste or Processing Residue at a Disposal 246
<br />Site. 247
<br />“Disposal Site” means a Permitted location for the ultimate Disposal of Solid Waste and Processing Residue. 248
<br />“Diversion” (or any variation thereof) means activities that reduce or eliminate the amount of Solid Waste from 249
<br />Disposal, including, but not limited to, Processing Recyclable Materials at a Processing Facility. 250
<br />“Effective Date” means the date on which the Agreement becomes binding upon the Parties, which is the date when 251
<br />the latter of the Parties has executed this Agreement. 252
<br />“Electronic Materials” or “E-Materials” means discarded electronic equipment including, but not limited to, 253
<br />televisions, computer monitors, central processing units (CPUs), laptop computers, computer peripherals (including 254
<br />external hard drives, keyboards, scanners, and mice), printers, copiers, facsimile machines, radios, stereos, stereo 255
<br />speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic devices. Some 256
<br />E-Materials or components thereof may be Hazardous Waste or include Hazardous Substances and thus require 257
<br />special handling, Processing, or Disposal. 258
<br />“Event of Default” means a default by Contractor as described in Section 11.4. 259
<br />“Excluded Materials” means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, 260
<br />corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that Contractor reasonably 261
<br />believes would, as a result of or upon Disposal, be a violation of local, State or Federal law, regulation or ordinance, 262
<br />including land use restrictions or conditions, waste that cannot be Disposed of in Class III landfills, waste that in 263
<br />Contractor’s reasonable opinion would present a significant risk to human health or the environment, cause a 264
<br />nuisance or otherwise create or expose Contractor or the City to potential liability; but not including de minimis 265
<br />volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after 266
<br />implementation of programs for the safe Collection, Recycling, treatment, and Disposal of Batteries and paint in 267
<br />compliance with Sections 41500 and 41802 of the California Public Resources Code. 268
<br />“Extended Producer Responsibility Program” or “EPR Program” means an environmental program or policy 269
<br />codified, enforced, and/or monitored by local, State, or Federal governments in which a producer’s, distributor’s, or 270
<br />retailer’s administrative, financial, operational, and/or physical responsibility for a product is extended to the post-271
<br />consumer stage of a product’s life cycle. Extended Producer Responsibility Programs may be implemented by 272
<br />individual producers, collective industry organizations such as a producer responsibility organization or Stewardship 273
<br />Organization, or other regulated entities specified under the program. Such programs may cover individual products 274
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