Limitations to Scope. The Agreement for the Collection, transportation, processing, and Disposal of Solid Waste, residential Recyclable Materials, and residential Plant Materials granted to Contractor shall be exclusive except as to the following materials listed in this Section. The award of this Agreement shall not preclude the categories of Solid Waste. Recyclable Materials and Plant Materials listed below from being delivered to and Collected and transported by others provided that nothing in this Agreement is intended to or shall be construed to excuse any Person from obtaining any authorization from Agency which is otherwise required by law:
a. Other recyclers shall maintain the right to charge a fee, to Collect without a fee, to accept donated Recyclable Materials and to pay the service recipient for Recyclable Materials for the Collection of Source Separated Recyclable Materials and Plant Materials from commercial, industrial, multi-family and institutional generators located in the Service Area. For the purposes of this Agreement, Source Separated loads are loads that consist of less than 10% by weight or volume of Solid Waste, whichever is less. It will be the responsibility of Contractor to provide enforcement of this provision. If Contractor can document that other recyclers are servicing Collection Containers that contain less than 90% Source Separated Recyclable Materials or Plant Materials, it shall report the location and the name of the recycler to the Agency and the SBWMA, along with Contractor's evidence of the violation of the exclusiveness of this Agreement.
b. Solid Waste, Recyclable Materials, and Plant Materials, which are removed from any Premises by the Waste Generator, and which are transported personally by the Owner or occupant of such Premises (or by his or her employees or a contractor whose removal of the Solid Waste, Recyclable Materials and/or Plant Materials are incidental to the service being performed.
c. Recyclable Materials and Plant Materials which are Source Separated at any Premises by the Waste Generator and donated to youth, civic, or charitable organizations;
d. Containers delivered for Recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500, et. seq. California Public Resources Code;
e. Plant Materials removed from a Premises by a gardening, landscaping, or tree trimming contractor as an incidental part of a total service offered by that contractor rather than as a hauling service and for no a...
Limitations to Scope. 4.2.1 This Agreement to Collect, transport, process, and market Recyclable Materials shall be interpreted to be consistent with State and Federal laws, now and during the term of the Agreement, and the scope of this Agreement shall be limited by current and developing State and Federal laws with regard to Recyclable Materials, flow control, and related doctrines. In the event that changes in law limit the ability of County to lawfully provide for the scope of services as specifically set forth herein, Franchisee and County agree to work in good faith to amend the scope of the Agreement so as to comply with such changes in law, and County shall not be responsible for any lost profits and/or damages claimed by Franchisee as a result of changes in law.
4.2.2 The Agreement for the Collection, processing and marketing of Recyclable Materials granted to Franchisee does not include the following categories of Recyclable Materials listed in this Article. The granting of this Agreement shall not preclude the categories of Recyclable Materials listed below from being delivered to and Collected and transported by others provided that nothing in this Agreement is intended to or shall be construed to excuse any person from obtaining any authorization from County that is otherwise required by law:
4.2.2.1 Recyclable Materials separated from Solid Waste by the generator and for which generator sells or is otherwise compensated by a collector in a manner resulting in a net payment to the generator for such Recycling or related services; provided that such separation and Recycling or disposal are actually performed by the generator, and not by a subcontractor or other third-party;
4.2.2.2 Recyclable Materials donated to a charitable, environmental or other non- profit organization; provided, however, that all such Recyclable Materials are substantially separated from non-Recyclable Solid Waste by the generator;
4.2.2.3 Recyclable Materials which are separated at any Premises and which are transported by the owner or occupant of such Premises (or by his/her full-time employee) to a recycling center;
4.2.2.4 Other Governmental Agencies within the county which can contract for separate solid waste and recycling services.
Limitations to Scope. Notwithstanding any provision to the contrary contained herein, the Exclusive Commercial Franchise provided by this Agreement specifically excludes the following services, which services may be provided by persons other than Collector and which may be the subject of other permits, licenses, franchises or agreements issued or entered by City. The exclusions include the collection, transfer, transport, recycling, processing and / or disposal of:
(1) Source separated Recyclable Materials generated on Commercial Premises;
(2) Green Waste removed from a Commercial Premises by a gardening, landscaping, or tree trimming contractor, utilizing its own equipment, as an incidental part of a total service offered by that contractor rather than as a hauling service;
(3) The casual or emergency collection of Solid Waste generated at City facilities, or collected from the public right-of-way by City through City officers or employees in the normal course of their City employment;
(4) Solid Waste generated by or at governmental agencies other than City, which may have facilities within the City, but over which City has no jurisdiction in connection with the regulation of Solid Waste; and,
(5) Containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500, et seq., California Public Resources Code.
Limitations to Scope. 421 The scope of the Agreement shall be non-exclusive. Construction and Demolition Debris may be Collected 422 and Transported by other Persons provided that such Persons do so in accordance with the Oakland 423 Municipal Code, including but not limited to the following: 424 A. Construction and Demolition Debris Collected by Other Approved Parties. Construction and 425 Demolition Debris Collected by any other party that has executed an Agreement with the CITY for 426 Construction and Demolition Debris Collection Services.
Limitations to Scope. 485 The scope of this Agreement does not include Solid Waste, Organic Materials, Recyclable Materials, 486 C&D, and/or other materials generated in the Authority area that are not Collected by the Franchise 487 Agencies’ Franchised Collectors.
Limitations to Scope. The scope of this Agreement does not include Processing, and Diversion of the following:
(1) Materials Collected by the Franchised Collector that are not Collected in the regular Recyclable Materials, or Organic Materials Collection containers such as, but not limited to: Electronic Materials, Universal Materials, Sharps, and Bulky Items that are Diverted by the Franchised Collector.
(2) Acceptable Materials generated in the City which are not Collected by the City or its Franchised Collector.
Limitations to Scope. This grant to the Contractor of an exclusive agreement, right and privilege to collect, transfer, transport, process and dispose of solid waste shall be interpreted to be consistent with state and federal laws, now and during the term of the Agreement, and the services provided shall be limited by applicable state and federal laws, regulations or judicial decisions or orders with regard to the matters contained in this Agreement. If future interpretations of applicable state and federal laws, regulations or judicial decisions or orders limit the ability of the City to lawfully provide for the scope of agreement as specifically set forth here, the Contractor agrees that the scope and extent of the Agreement will be limited to those services which may be lawfully provided for under this Agreement, and that the City shall not be responsible for any lost profits claimed by the Contractor arising out of further limitations of the scope or extent of services of the Agreement set forth. In such an event, it shall be the responsibility of the Contractor to minimize the financial impact to those remaining services being provided as much as possible.
Limitations to Scope. The materials listed below in this Section may be collected and Transported by other Persons. Such Persons shall do so in accordance with the City’s Municipal Code.
Limitations to Scope. 528 The scope of this Agreement does not include Solid Waste, Organic Materials, Recyclable Materials, 529 C&D, and/or other materials generated in the Authority area that are not Collected by the Franchise 530 Agencies’ Franchised Collectors. 531 4.2 Permits 532 4.2.1 Securing Permits 533 Contractor shall obtain and maintain, at Contractor’s sole cost, all Permits required under Applicable 534 Law to perform Services and shall provide Services in compliance with such Permits. For the Landfill and 535 the Approved Processing Facilities owned by Contractor or an Affiliate, Contractor shall provide 536 Authority copies of Permits for all of the Approved Processing Facilities and shall demonstrate 537 compliance with the terms and conditions of Permits within ten (10) Calendar Days of request of 538 Authority. In its Quarterly Report or more frequently, as necessary, Contractor shall inform Authority of 539 Contractor’s status of securing the issuance, revision, modification, extension or renewal of Permits that 540 are necessary to affect compliance with the terms of this Agreement. Within ten (10) Calendar Days 541 following Authority’s request, Contractor shall provide the Authority with copies of any applications or 542 other correspondence that the Contractor submits in connection with securing Permits.
2.2 Complying with Permits
Limitations to Scope. Deleted: transported Deleted: ¶
