Common use of Facility Capacity Planning Information Clause in Contracts

Facility Capacity Planning Information. To the extent such information is available to Contractor, City may require Contractor to provide City with information of available Organic Waste Processing capacity for any Approved Processing Facilities, where available capacity may include identification of monthly Tons of additional Organic Waste such Approved Facilities have the ability to receive within permitted limits. Contractor shall respond to City within sixty (60) days of City’s request for information regarding available new or expanded capacity, to the extent such information is available to Contractor and, at City’s option, may be required to submit reports on a more regular basis (such as monthly, quarterly, or annually). If Contractor uses a Subcontractor to perform some or all of the Facility-related services required by this Agreement, Contractor shall use commercially reasonable efforts to secure any City-requested Facility capacity planning information from its Subcontractor(s). The annual Facility capacity planning report shall comply with the following: 1. Include reports of current throughput and permitted capacity and available capacity for Organic Materials Processing for any Facility in the City that Processes Organic Materials. Existing capacity may include identification of monthly Tons of additional Source Separated Recyclable Materials, Source Separated Organic Materials, and/or Solid Waste capacity such Facility has the ability to receive within permitted limits. 2. Include description of potential new or expanded Processing capacity at those Facilities, operations, and activities for Processing of Organic Materials, including information about throughput and permitted capacity necessary for planning purposes. Deleted: Section Break (Next Page) 3. Be submitted using a form or format approved by the City Manager.

Facility Capacity Planning Information. To the extent such information is available to ContractorFranchisee, City may require Contractor Franchisee to provide City with information of available Organic Waste Processing capacity for any Approved Processing Facilities, where available capacity may include identification of monthly Tons of additional Organic Waste such Approved Facilities have the ability to receive within permitted limits. Contractor Franchisee shall respond to City within sixty (60) days of City’s request for information regarding available new or expanded capacity, to the extent such information is available to Contractor Franchisee and, at City’s option, may be required to submit reports on a more regular basis (such as monthly, quarterly, or annually). If Contractor Franchisee uses a Subcontractor to perform some or all of the Facility-related services required by this Agreement, Contractor Franchisee shall use commercially reasonable efforts to secure any City-requested Facility capacity planning information from its Subcontractor(s). The annual Facility capacity planning report shall comply with the following: 1. Include reports of current throughput and permitted capacity and available capacity for Organic Materials Processing for any Facility in the City that Processes Organic Materials. Existing capacity may include identification of monthly Tons of additional Source Separated Recyclable Materials, Source Separated Organic Materials, and/or Solid Waste capacity such Facility has the ability to receive within permitted limits. 2. Include description of potential new or expanded Processing capacity at those Facilities, operations, and activities for Processing of Organic Materials, including information about throughput and permitted capacity necessary for planning purposes. Deleted: Section Break (Next Page) 3. Be submitted using a form or format approved by the City Manager.

Facility Capacity Planning Information. To the extent such information is available to Contractor, City District may require Contractor to provide City District with information of available Organic Waste Processing capacity for any Approved Processing Facilities, where available capacity may include identification of monthly Tons of additional Organic Waste such Approved Facilities have the ability to receive within permitted limits. Contractor shall respond to City District within sixty (60) days of CityDistrict’s request for information regarding available new or expanded capacity, to the extent such information is available to Contractor and, at CityDistrict’s option, may be required to submit reports on a more regular basis (such as monthly, quarterly, or annually). If Contractor uses a Subcontractor to perform some or all of the Facility-related services required by this Agreement, Contractor shall use commercially reasonable efforts to secure any City-District- requested Facility capacity planning information from its Subcontractor(s). The annual Facility capacity planning report shall comply with the following: 1. Include reports of current throughput and permitted capacity and available capacity for Organic Materials Processing for any Facility in the City District that Processes Organic Materials. Existing capacity may include identification of monthly Tons of additional Source Separated Recyclable Materials, Source Separated Organic Materials, and/or Solid Waste capacity such Facility has the ability to receive within permitted limits. 2. Include description of potential new or expanded Processing capacity at those Facilities, operations, and activities for Processing of Organic Materials, including information about throughput and permitted capacity necessary for planning purposes. Deleted: Section Break (Next Page). 3. Be submitted using a form or format approved by the City General Manager.

Facility Capacity Planning Information. To the extent such information is available to Contractor, City may require Contractor to provide City with information of available Organic Waste Processing capacity for any Approved Processing Facilities, where available capacity may include identification of monthly Tons of additional Organic Waste that such Approved Facilities have the ability to receive within permitted limits. Contractor shall respond to City within sixty (60) days of City’s request for information regarding available new or expanded capacity, to the extent such information is available to Contractor and, at City’s option, option may be required to submit reports on a more regular basis (such as monthly, quarterly, or annually). If Contractor uses a Subcontractor to perform some or all of the Facility-related services required by this Agreement, Contractor shall use commercially reasonable Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement efforts to secure any City-requested Facility capacity planning information from its Subcontractor(s). The annual Facility capacity planning report shall comply with the following: 1. Include reports of current throughput and permitted capacity and available capacity for Organic Materials Processing for any Facility in the City that Processes Organic Materials. Existing capacity may include identification of monthly Tons of additional Source Separated Recyclable Materials, Source Separated Organic Materials, and/or Solid Waste capacity such Facility has the ability to receive within permitted limits. 2. Include description of potential new or expanded Processing capacity at those Facilities, operations, and activities for Processing of Organic Materials, including information about throughput and permitted capacity necessary for planning purposes. Deleted: Section Break (Next Page). 3. Be submitted using a form or format approved by the City Manager.”

Facility Capacity Planning Information. To the extent such information is available to ContractorFranchisee, City District may require Contractor Franchisee to provide City District with information of available Organic Waste Processing capacity for any Approved Processing Facilities, where available capacity may include identification of monthly Tons of additional Organic Waste such Approved Facilities have the ability to receive within permitted limits. Contractor Franchisee shall respond to City District within sixty (60) days of CityDistrict’s request for information regarding available new or expanded capacity, to the extent such information is available to Contractor Franchisee and, at CityDistrict’s option, may be required to submit reports on a more regular basis (such as monthly, quarterly, or annually). If Contractor Franchisee uses a Subcontractor to perform some or all of the Facility-related services required by this Agreement, Contractor Franchisee shall use commercially reasonable efforts to secure any CityDistrict-requested Facility capacity planning information from its Subcontractor(s). The annual Facility capacity planning report shall comply with the following: 1. Include reports of current throughput and permitted capacity and available capacity for Organic Materials Processing for any Facility in the City District that Processes Organic Materials. Existing capacity may include identification of monthly Tons of additional Source Separated Recyclable Materials, Source Separated Organic Materials, and/or Solid Waste capacity such Facility has the ability to receive within permitted limits. 2. Include description of potential new or expanded Processing capacity at those Facilities, operations, and activities for Processing of Organic Materials, including information about throughput and permitted capacity necessary for planning purposes. Deleted: Section Break (Next Page). 3. Be submitted using a form or format approved by the City District Manager.”