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City agrees to the following terms: <br /> I. All Controllable Organic Waste delivered to the County's Organics Infrastructure shall <br /> meet the standards as set forth in Attachment 2; <br /> 2. City or its Franchise Hauler shall pay the Organics Contract Rate for all Organic Waste <br /> delivered to the County's Organic Infrastructure for processing into Recovered Organic <br /> Waste Product; <br /> 3. City shall provide information to County on a quarterly basis that identifies where <br /> Controllable Organic Waste being delivered to the County's Organic Infrastructure <br /> originated and shall ensure that the organic material being delivered meets the definition <br /> of City Acceptable Organic Waste. <br /> 4. Bulk ROWP: City shall be entitled to arrange for the Take Back (at City cost) from <br /> County Organic Infrastructure compost, mulch and other Recovered Organic Waste <br /> Product in bulk form free of charge. <br /> 5. Non-Bulk ROWP: County may establish separate fees for provision of non-bulk <br /> material including but not limited to bagged material or compost wattles. City shall be <br /> entitled to arrange for the Take Back of Non-Bulk ROWP at City cost. <br /> 6. City's Proportional Share shall be calculated as 60% of the weight of Controllable <br /> Organic Waste City delivers to County's Organics Infrastructure by City. <br /> (H) No Right of Organic Waste Substitution. Nothing in this Agreement shall authorize or <br /> entitle the City to deliver, or cause the delivery to the County's Organic Infrastructure, Acceptable Organic Waste <br /> originating from or generated outside the jurisdiction of the City,nor obligate the County to receive or dispose of any <br /> such Acceptable Organic Waste into the Waste Infrastructure System.The City shall not assign in whole or in part its <br /> right to deliver or cause to be delivered Controllable Organic Waste to the County hereunder,and shall not permit any <br /> Acceptable Organic Waste originating from or generated outside the jurisdiction of the City to be substituted for <br /> Controllable Organic Waste for any purpose hereunder. <br /> SECTION 3.2 PROVISION OF ORGANIC PROCESSING SERVICES BY THE COUNTY. <br /> (A) Organic Service Covenant. Commencing on the Commencement Date, the County shall <br /> provide or cause the provision of the service of receiving and processing of City's Controllable Organic Waste(up to <br /> the City Organic Tonnage Limit provided in Attachment 3) at the County's Organics Infrastructure as described in <br /> more detail in Attachment 1. The County shall exercise all reasonable efforts to minimize the costs incurred in <br /> complying with the Organic Service Covenant consistent with prudent solid waste management practice and <br /> environmental considerations and under Applicable Law. <br /> (B) Receipt of Controllable Organic Waste. Upon acceptance of the Controllable Organic Waste <br /> that meets the PGM standards provided in Attachment 2,County shall process the Organic Waste into compost,mulch <br /> or other ROWP as specified in Title 14 of the California Code of Regulations Section 18993.1 <br /> (C) Education and Outreach. The Department will assist the City and its hauler in their efforts <br /> on Organic education and outreach with the goal of the City meeting its organic diversion and ROWP procurement <br /> requirements. <br /> (D) Designated Facilities. County and City will coordinate in determining the primary organic <br /> processing facilities and tonnages (as reflected in Attachment 1) used for receiving and processing of Controllable <br /> Organic Waste. The Department shall immediately advise the City by telephone of any situation,event or circumstance <br /> which results in the partial or complete inability of the County to receive Controllable Organic Waste at any particular <br /> County Organics Infrastructure within the Waste Infrastructure System, its effect on the County's ability to perform <br /> its obligations hereunder,and the County's best estimate of the probable duration.The Department shall confirm such <br /> advice in writing within twenty four(24)hours of the occurrence of any such inability. The County shall use its best <br /> efforts to resume normal operation of the Organics Infrastructure primarily used by the City as soon as possible.In the <br /> event a situation,event or circumstance results in the partial or complete inability of the County to receive Controllable <br /> Organic Waste at any particular County Organics Infrastructure within the Waste Infrastructure System the County <br /> shall have the right to redirect Controllable Organic Waste to another landfill or County Organics Infrastructure within <br /> the Waste Infrastructure System for the duration of the situation,event or circumstance; In no event shall the County <br /> be required to accept Controlled Organic Waste if it does not have sufficient permitted organic processing capacity <br />