|
<br />April 1, 2025 9 City of Pleasanton/GreenWaste Recovery, LLC
<br />“Market” or “Marketing” (or other variations thereof) means all obligations of Contractor hereunder with respect 314
<br />to selling or giving away Recovered Materials, including market promotion, storage, insurance, packaging, 315
<br />transportation, sales, weighing, and maintaining records with respect thereto. 316
<br />“Maximum Vehicle Turnaround Time” means the turnaround time specified in Section 6.4 for vehicles Delivering 317
<br />Recyclable Materials to the Approved Facilities, where the turnaround time for each vehicle is measured from the 318
<br />vehicle’s arrival time, which shall be recorded at the motor vehicle scale when the inbound weight of the vehicle is 319
<br />recorded at the Approved Facility property, until the vehicle’s departure time, when it exits that Approved Facility. 320
<br />The calculation of Maximum Vehicle Turnaround Time excludes any delays caused by the Franchised Collector , 321
<br />including, but not limited to, extended untarping time, extended unloading time, driver personal time, and 322
<br />mechanical problems. 323
<br />“Multi-Family Dwelling” or “Multi-Family” means any Residential complex, other than a Single-Family premises, 324
<br />used for Residential purposes, which has centralized Collection service for all Residential units in the building and 325
<br />may be billed as one address. 326
<br />“Ownership” or “Own” (or other variations thereof) means ownership as defined in the constructive Ownership 327
<br />provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date herein, and Section 328
<br />318(a)(5)(C) shall be disregarded. For purposes of determining Ownership under this paragraph and constructive or 329
<br />indirect Ownership under Section 318(a), Ownership interest of less than ten (10) percent shall be disregarded and 330
<br />percentage interests shall be determined on the basis of the percentage of voting interest of value which the 331
<br />Ownership interest represents, whichever is greater. 332
<br />“Party(ies)” means the City and Contractor, individually or together. 333
<br />“Permits” means all Federal, State, county, City , or other local or any other governmental permits, orders, licenses, 334
<br />approvals, authorizations, consents, and entitlements that are required under Applicable Law to be obtained or 335
<br />maintained by any Person, including Contractor, with respect to the Services performed under this Agreement, as 336
<br />renewed or amended from time to time. 337
<br />“Person (s)” means any individual, business, firm, association, organization, partnership, public or private 338
<br />corporation, trust, joint venture, political subdivision, special purpose district, the County of Alameda, or public or 339
<br />governmental entity. 340
<br />“Process” or “Processing” (or any variation thereof) means the controlled separation, volume reduction, or 341
<br />conversion of materials, including, but not limited to, organized, manual, automated, or mechanical sorting, the use 342
<br />of vehicles for spreading of waste for the purpose of Recovery, and/or includes the use of conveyor belts, sorting 343
<br />lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20) to produce 344
<br />Recoverable materials for Recycling. 345
<br />“Processing Facility” means a Permitted Facility in which materials are sorted, separated, or otherwise manipulated 346
<br />for the purposes of Recovering Marketable commodities. 347
<br />“Rate Year” means a twelve (12) month period, commencing July 1 and concluding June 30, with the exception of 348
<br />Rate Year One. 349
<br />“Rate Year One” means the first Rate Year covered by this Agreement. 350
<br />“Recovery” or “Recover” or “Recovered” (or other variations thereof) means the picking, pulling, sorting, separating, 351
<br />and classifying of Recyclable Materials whether by manual or mechanical means, after Acceptance of the materials 352
<br />and before Marketing of Recovered Materials, including Recycling, material reuse and recovery. 353
|