Agmt09 South Bay Recycling, LLC - Laserfiche WebLink

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1 I. If the Authority determines that workers provided by a particular independent contractor 2 or party working on behalf of the Contractor prove persistently unsatisfactory, the 3 Authority may require that Contractor either secure workers through a different 4 independent contractor or hire competent workers directly. 5 J. Contractor shall ensure that all Contractor's employees, while performing services 6 under this Agreement, shall be dressed in clean uniforms and shall wear visible 7 identification that includes the employee's name and/or the employee's number, and 8 Contractor's name. Uniform type, style, colors, and any modifications may be subject to 9 approval by the Authority. 10 K. The parties recognize that tonnage processed through the Shoreway Center will change 11 over time and that an increase in tonnage could require additional personnel. The 12 Contractor shall add, and shall exclusively pay the costs of, all such additional 13 personnel as needed to operate the Shoreway Center, process any increase in tonnage 14 and achieve the Diversion Program Guarantees, without any increase in the 15 Contractor's compensation. Whenever there is a material change in the number or 16 composition of personnel, the C~ntractor shall provide written notification to the 17 Authority. 18 L. Before extending an offer of employment for the position of general manager of the 19 Shoreway Center, both initially and throughout the Term, Contractor shall provide the 20 Authority with the description of the proposed position, an opportunity to review and 21 comment upon the position description, the background, experience and qualifications 22 of each candidate being considered for the position, and an opportunity to meet with 23 each candidate. Contractor shall give thoughtful consideration to the Authority's 24 comments on the descriptions of the proposed position and each candidate, but shall 25 have the ultimate right to make employment decisions in its best business judgment. 26 M. Contractor shall, at the Authority's request, ensure that one or more of its Members' 27 officers will be available and present onsite at the Shoreway Center to assist in 28 Contractor's initial transition and thereafter to oversee Contractor's operations for a 29 three-month period beginning one month prior to full-scale operations. 30 N. The Contractor is considering obtaining workers for MRF sorting through the San Mateo 31 County Human Services Agency, Vocational Rehabilitation Services (VRS). The 32 Authority endorses this approach and encourages Contractor to pursue it. The MRF 33 sorter complement shown in Attachment 9 and the MRF labor costs shown in 34 Attachment 12-B are based on the use of workers and supervisors provided by the 35 County VRS. The actual costs in 2011 will be determined by a contract to be entered 36 into between the Contractor and the County Human Services Agency. Contractor shall 37 furnish a copy of the final contract between it and the County Human Services Agency 38 before executing it. The Authority's review of the contract is to ensure that the number 39 of workers to be furnished and the annual payment to the County are consistent with 40 the assumptions included in Attachments 9 and 12-A. 41 O. Notwithstanding subsection A above or any other language in this agreement or 42 attachments to the contrary, Contractor may, commencing in 2012 (1) reduce the 43 number of workers at the Transfer Station below the number shown on Attachment 9 if 44 in the previous 6 consecutive month period the number of Tons delivered to the 45 Transfer Station is less than an annual average of 357,725 and/or (2) reduce the 46 number of workers at the MRF below the number shown on Attachment 9 if in any 47 previous 6 consecutive month period the number of Tons delivered to the MRF and 48 Buyback Center is less than an annual average of 74,022. Operating Agreement for Shoreway Center Page - 16 - 7/30/09