Common use of Alternative Facilities Clause in Contracts

Alternative Facilities. If Contractor is unable to use the Approved Solid Waste Facility due to an emergency or sudden and unforeseen closure of the Approved Solid Waste Facility that is outside the control of the Contractor, Contractor may use an alternative Solid Waste Facility as consistent with the provisions of the Post-Collection Services Agreement and provided that the Contractor provides written notice to City Contract Manager. Within forty-eight (48) hours of emergency or sudden and unforeseen closure, the Contractor shall provide a written description of the reasons the use of the Approved Solid Waste Facility is not feasible and the period of time Contractor proposes to use the alternative Solid Waste Facility. Such a change in Processing Facility shall be temporarily permitted until such time as the City Contract Manager is able to consider and respond to the use of the proposed alternative Solid Waste Facility. If the use of the proposed alternative Processing Facility is anticipated to or actually does exceed thirty (30) days in a consecutive twelve (12) month period, the use of such Solid Waste Facility shall be subject to approval by the City Contract Manager. The City Contract Manager may, in their sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed alternative Solid Waste Facility. In the event that the City disapproves the use of the proposed alternative Solid Waste Facility, the Parties shall meet and confer to determine an acceptable Processing Facility. If the need to use the alternative Solid Waste Facility is discretionary or for reasons within Contractor’s reasonable control, Contractor’s Compensation shall not be adjusted for any change in Transportation and Solid Waste Facility costs associated with use of the alternative Processing Facility. If the need to use the alternative Solid Waste Facility results from reasons beyond Contractor’s, or its Subcontractor’s, reasonable control, City shall adjust, either up or down, Contractor’s Compensation for changes in Transportation and Solid Waste Facility costs associated with use of the alternative Solid Waste Facility. In the event that a change in the Solid Waste Facility results in increased costs, City may identify and direct Contractor to an alternative Solid Waste Facility that results in less cost than the Contractor-identified alternative.

Alternative Facilities. If Contractor is unable to use the Approved Solid Waste Designated Disposal Facility due to an emergency or sudden and unforeseen closure of the Approved Solid Waste Designated Disposal Facility that is outside the control of the Contractor, Contractor may use an alternative Solid Waste Disposal Facility as consistent with the provisions of the Post-Collection Services Agreement and provided that the Contractor provides written notice to City Authority Contract Manager. Within forty-eight (48) hours of emergency or sudden and unforeseen closure, the Contractor shall provide a written description of the reasons the use of the Approved Solid Waste Designated Disposal Facility is not feasible and the period of time Contractor proposes to use the alternative Solid Waste Disposal Facility. Such a change in Processing Disposal Facility shall be temporarily permitted until such time as the City Authority Contract Manager is able to consider and respond to the use of the proposed alternative Solid Waste Disposal Facility. If the use of the proposed alternative Processing Disposal Facility is anticipated to or actually does exceed thirty (30) days in a consecutive twelve (12) month period, the use of such Solid Waste Processing Facility shall be subject to approval by the City Authority Contract Manager. The City Authority Contract Manager may, in their sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed alternative Solid Waste Disposal Facility. In the event that the City Authority Contract Manager disapproves the use of the proposed alternative Solid Waste Disposal Facility, the Parties shall meet and confer to determine an acceptable Processing Disposal Facility. If the need to use the alternative Solid Waste Disposal Facility is discretionary or for reasons within Contractor’s reasonable control, Contractor’s Compensation shall not be adjusted for any change in Transportation and Solid Waste Facility costs associated with use of the alternative Processing Disposal Facility. If the need to use the alternative Solid Waste Disposal Facility results from reasons beyond Contractor’s, or its Subcontractor’s, reasonable control, City Authority shall adjust, either up or down, Contractor’s Compensation for changes in Transportation and Solid Waste Facility costs associated with use of the alternative Solid Waste Disposal Facility. In the event that a change in the Solid Waste Disposal Facility results in increased costs, City Authority Contract Manager may identify and direct Contractor to an alternative Solid Waste Processing Facility that results in less cost than the Contractor-identified alternative.

Alternative Facilities. If Contractor is unable to use the Approved Solid Waste Recyclable Materials Processing Facility due to an emergency or sudden and unforeseen closure of the Approved Solid Waste Recyclable Materials Processing Facility that is outside the control of the Contractor, Contractor may use an alternative Solid Waste Processing Facility as consistent with the provisions of the Post-Collection Services Agreement and provided that the Contractor provides written notice to City Contract Manager. Within forty-eight (48) hours of such emergency or sudden and unforeseen closure, the Contractor shall provide a written description of the reasons the use of the Approved Solid Waste Recyclable Materials Processing Facility is not feasible and the period of time Contractor proposes to use the alternative Solid Waste Processing Facility. Such a change in Processing Facility shall be temporarily permitted until such time as the City Contract Manager is able to consider and respond to the use of the proposed alternative Solid Waste Processing Facility. During such time, to the extent feasible, Contractor shall continue to comply with the requirements of Article 6. If the use of the proposed alternative Processing Facility is anticipated to or actually does exceed thirty (30) days in a consecutive twelve (12) month period, the use of such Solid Waste Processing Facility shall be subject to approval by the City Contract Manager. The City Contract Manager may, in their sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed alternative Solid Waste Processing Facility. In the event that the City disapproves the use of the proposed alternative Solid Waste Processing Facility, the Parties shall meet and confer to determine an acceptable Processing Facility. If the need to use the alternative Solid Waste Processing Facility is discretionary or for reasons within Contractor’s reasonable control, Contractor’s Compensation shall not be adjusted for any change in Transportation and Solid Waste Facility Processing costs associated with use of the alternative Processing Facility. If the need to use the alternative Solid Waste Processing Facility results from reasons beyond Contractor’s, or its Subcontractor’s, reasonable control, City shall adjust, either up or down, Contractor’s Compensation for changes in Transportation and Solid Waste Facility Processing costs associated with use of the alternative Solid Waste Processing Facility. In the event that a change in the Solid Waste Processing Facility results in increased costs, City may identify and direct Contractor to an alternative Solid Waste Processing Facility that results in less cost than the Contractor-identified alternative.

Alternative Facilities. If Contractor is unable to use the Approved Solid Waste Organic Materials Processing Facility due to an emergency or sudden and unforeseen closure of the Approved Solid Waste Organic Materials Facility that is outside the control of the Contractor, Contractor may use an alternative Solid Waste Processing Facility as consistent with the provisions of the Post-Collection Services Agreement and provided that the Contractor provides written notice to City Contract Manager. Within forty-eight (48) hours of emergency or sudden and unforeseen closure, the Contractor shall provide a written description of the reasons the use of the Approved Solid Waste Organic Materials Processing Facility is not feasible and the period of time Contractor proposes to use the alternative Solid Waste Processing Facility. Such a change in Processing Facility shall be temporarily permitted until such time as the City Contract Manager is able to consider and respond to the use of the proposed alternative Solid Waste Processing Facility. If the use of the proposed alternative Processing Facility is anticipated to or actually does exceed thirty (30) days in a consecutive twelve (12) month period, the use of such Solid Waste Processing Facility shall be subject to approval by the City Contract Manager. The City Contract Manager may, in their sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed alternative Solid Waste Processing Facility. In the event that the City disapproves the use of the proposed alternative Solid Waste Processing Facility, the Parties shall meet and confer to determine an acceptable Processing Facility. If the need to use the alternative Solid Waste Processing Facility is discretionary or for reasons within Contractor’s reasonable control, Contractor’s Compensation shall not be adjusted for any change in Transportation and Solid Waste Facility Processing costs associated with use of the alternative Processing Facility. If the need to use the alternative Solid Waste Processing Facility results from reasons beyond Contractor’s, or its Subcontractor’s, reasonable control, City shall adjust, either up or down, Contractor’s Compensation for changes in Transportation and Solid Waste Facility Processing costs associated with use of the alternative Solid Waste Processing Facility. In the event that a change in the Solid Waste Processing Facility results in increased costs, City may identify and direct Contractor to an alternative Solid Waste Processing Facility that results in less cost than the Contractor-identified alternative.

Alternative Facilities. If Contractor is unable to use the Approved Solid Waste Recyclable Materials Processing Facility due to an emergency or sudden and unforeseen closure of the Approved Solid Waste Recyclable Materials Processing Facility that is outside the control of the Contractor, Contractor may use an alternative Solid Waste Processing Facility as consistent with the provisions of the Post-Collection Services Agreement and provided that the Contractor provides written notice to City Authority Contract Manager. Within forty-eight (48) hours of such emergency or sudden and unforeseen closure, the Contractor shall provide a written description of the reasons the use of the Approved Solid Waste Recyclable Materials Processing Facility is not feasible and the period of time Contractor proposes to use the alternative Solid Waste Processing Facility. Such a change in Processing Facility shall be temporarily permitted until such time as the City Authority Contract Manager is able to consider and respond to the use of the proposed alternative Solid Waste Processing Facility. If the use of the proposed alternative Processing Facility is anticipated to or actually does exceed thirty (30) days in a consecutive twelve (12) month period, the use of such Solid Waste Processing Facility shall be subject to approval by the City Authority Contract Manager. The City Authority Contract Manager may, in their sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed alternative Solid Waste Processing Facility. In the event that the City Authority disapproves the use of the proposed alternative Solid Waste Processing Facility, the Parties shall meet and confer to determine an acceptable Processing Facility. If the need to use the alternative Solid Waste Processing Facility is discretionary or for reasons within Contractor’s reasonable control, Contractor’s Compensation shall not be adjusted for any change in Transportation and Solid Waste Facility Processing costs associated with use of the alternative Processing Facility. If the need to use the alternative Solid Waste Processing Facility results from reasons beyond Contractor’s, or its Subcontractor’s, reasonable control, City Authority shall adjust, either up or down, Contractor’s Compensation for changes in Transportation and Solid Waste Facility Processing costs associated with use of the alternative Solid Waste Processing Facility. In the event that a change in the Solid Waste Processing Facility results in increased costs, City Authority Contract Manager may identify and direct Contractor to an alternative Solid Waste Processing Facility that results in less cost than the Contractor-identified alternative.

Alternative Facilities. If Contractor is unable to use the Designated Organic Materials Processing Facility or Approved Solid Waste Organic Materials Processing Facility due to an emergency or sudden and unforeseen closure of the Designated Organic Materials Processing Facility or Approved Solid Waste Organic Materials Facility that is outside the control of the Contractor, Contractor may use an alternative Solid Waste Processing Facility as consistent with the provisions of the Post-Collection Services Agreement and provided that the Contractor provides written notice to City Authority Contract Manager. Within forty-eight (48) hours of emergency or sudden and unforeseen closure, the Contractor shall provide a written description of the reasons the use of the Designated Organic Materials Processing Facility or Approved Solid Waste Organic Materials Processing Facility is not feasible and the period of time Contractor proposes to use the alternative Solid Waste Processing Facility. Such a change in Processing Facility shall be temporarily permitted until such time as the City Authority Contract Manager is able to consider and respond to the use of the proposed alternative Solid Waste Processing Facility. If the use of the proposed alternative Processing Facility is anticipated to or actually does exceed thirty (30) days in a consecutive twelve (12) month period, the use of such Solid Waste Processing Facility shall be subject to approval by the City Authority Contract Manager. The City Authority Contract Manager may, in their sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed alternative Solid Waste Processing Facility. In the event that the City Authority Contract Manager disapproves the use of the proposed alternative Solid Waste Processing Facility, the Parties shall meet and confer to determine an acceptable Processing Facility. If the need to use the alternative Solid Waste Processing Facility is discretionary or for reasons within Contractor’s reasonable control, Contractor’s Compensation shall not be adjusted for any change in Transportation and Solid Waste Facility Processing costs associated with use of the alternative Processing Facility. If the need to use the alternative Solid Waste Processing Facility results from reasons beyond Contractor’s, or its Subcontractor’s, reasonable control, City Authority shall adjust, either up or down, Contractor’s Compensation for changes in Transportation and Solid Waste Facility Processing costs associated with use of the alternative Solid Waste Processing Facility. In the event that a change in the Solid Waste Processing Facility results in increased costs, City Authority Contract Manager may identify and direct Contractor to an alternative Solid Waste Processing Facility that results in less cost than the Contractor-identified alternative. Except for the emergency conditions described in this section, Contractor shall not change its selection of the Approved Organic Materials Processing Facility without Authority Contract Manager’s written approval, which may be withheld in the Authority’s sole discretion. If Contractor elects to use an Organic Materials Processing Facility that is different than the initial Approved Organic Materials Processing Facility, it shall request written approval from the Authority Contract Manager sixty (60) calendar days prior to use of the site and obtain Authority Contract Manager’s written approval no later than ten (10) calendar days prior to use of the site. Failure to meet the requirements of this Section shall result in Liquidated Damage as identified in Exhibit F. {Note to Proposers: This section will be revised to align with the selected Exhibit F1 or F2.}