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Agmt05 BFI Waste Systems
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Agmt05 BFI Waste Systems
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Last modified
10/12/2006 8:37:35 AM
Creation date
9/7/2005 11:59:22 AM
Metadata
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Template:
Agreement
Contractor Name
BFI Waste Water Systems
PROJECT NAME
franchise collection services
RMP File Number
Ord 2280
Date
9/7/2005
Reso Ref
13844
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<br /> 1 the Agency in a separate disclosure letter to the Agency. This letter shall include, but <br /> 2 not be limited to, the following information: <br /> 3 A general description of the nature of each transaction, or type of (for <br /> 4 many similar) transaction, as applicable. Such description shall include for each (or <br /> 5 similar) transaction, amounts, specific Related Party Entity, basis of amount (how <br /> 6 amount was determined), and description of the allocation methodology used to <br /> 7 allocate any common costs. Amounts shall be reconciled to the Related Party Entity <br /> 8 disclosures made in Contractor's annual audited financial statements referred to in this <br /> 9 Section. <br /> 10 At the Agency 's request, Contractor shall provide the Agency with copies <br /> 11 of working papers or other documentation deemed relevant by the Agency relating to <br /> 12 information shown in the annual disclosure letter. The annual disclosure letter shall be <br /> 13 provided to the Agency within ninety (90) days of Contractor's Fiscal Year end. <br /> 14 8.03.4 Resource Recovery Plan. As part of its Annual Report to the <br /> 15 SBWMA described in Section 8.03.3, Contractor shall st,lbmit to the SBWMA an annual <br /> 16 proposal describing proposed resource recovery programs, there diversion potential <br /> 17 and associated detailed costs for programs that Contractor believes can significantly <br /> 18 increase diversion. Within sixty days, SBWMA shall respond to the Plan in writing. If <br /> 19 the Parties reach agreement on implementation of additional programs, Contractor <br /> 20 shall be obligated to implement those programs on a schedule and for a cost agreed to <br /> 21 by the Parties. <br /> 22 <br /> 23 8.04 Adverse Information. <br /> 24 <br /> 25 A. Reporting Adverse Information. Contractor shall provide Agency <br /> 26 two copies (one to the Agency Manager, one to the Agency Attorney) of all reports, <br /> 27 pleadings, applications, notifications, Notices of Violation, communications or other <br /> 28 material relating specifically to Contractor's performance of services pursuant to this <br /> 29 Agreement, submitted by Contractor to, or received by Contractor from, the United <br /> 30 States or California Environmental Protection Agency, the California Integrated Waste <br /> 31 Management Board, the Securities and Exchange Commission or any other federal, <br /> 32 state or local agency, including any federal or state court Copies shall be submitted to <br /> 33 Agency simultaneously with Contractor's filing or submission of such matters with said <br /> 34 agencies. Contractor's routine correspondence to said agencies need not be routinely <br /> 35 submitted to Agency, but shall be made available to Agency promptly upon Agency's <br /> 36 written request. <br /> 37 <br /> 38 B. Failure to Report. The refusal or failure of Contractor to file any <br /> 39 required reports, or to provide required information to Agency, or the inclusion of any <br /> 40 materially false or misleading statement or representation by Contractor in such report <br /> 41 shall be deemed a material breach of the Agreement as described in Section 11.01 and <br /> Atty j Agrj2005.022 <br /> 060205 -47- <br />
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