Agmt09 South Bay Recycling, LLC - Laserfiche WebLink

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1 2 3 4 5 6 7 2. are able to unload and depart from the Shoreway Center in no more than fifteen (15) minutes from the time they leave the scale house unless a collection vehicle breaks down and causes a traffic back-up beyond Contractor's control. B. Self-haul customers do not wait more than fifteen minutes (15) to be processed by the scale and assigned a place to dump. Should Contractor fail to meet the maximum turnaround time, Liquidated Damages shall be assessed in the amounts stated in Attachment 10. 8 5.15 OWNERSHIP OF SOLID WASTE 9 Once materials are delivered to the Shoreway Center, ownership shall transfer directly from 10 the deliverer to Contractor. 11 Materials which are transported to a Designated Processing Facility or the Disposal Site 12 shall become the property of the owner or operator of the Designated Processing Facility or 13 Disposal Site once they have been delivered by Contractor, subject to any regulations of 14 the owner/operator related to unacceptable materials. 15 5.16 MARKETING OF RECYCLABLE MATERIALS 16 A. General. Contractor shall use its best efforts in marketing and promoting the sale of all 1 7 Recyclable Materials to obtain the highest prices available under prevailing conditions in 18 the relevant market, whether foreign or domestic. Contractor will exert at least the same 19 effort in marketing the Recyclable Materials from the Shoreway Center as it does in 20 marketing materials which it markets for its own account as principal or as an 21 agent/broker for any third party. Except as set forth in Attachment 11 B, Contractor shall 22 not use, sell to, or broker through an Affiliate in the marketing of Recyclable Materials 23 without notifying the Authority in writing and receiving approval from the Authority in 24 writing. Contractor shall not use any artifice, business structure or other attempt to 25 evade this requirement. 26 B. Materials Marketina Plan. The Materials Marketing Plan (Attachment 11A), describes 27 Contractor's strategy for optimizing revenues from the sale of Recyclable Materials 28 recovered at the Shoreway Center. The Materials Marketing Plan includes (1) the 29 commodity purchasers to which Contractor anticipates marketing each of the major 30 categories of materials to be recovered at the Shoreway Center; (2) the methods 31 Contractor will use to (a) determine the reliability of prospective purchasers in terms of 32 timely pickup, credit worthiness, prompt payment, rejection of materials and/or filing of 33 claims, and other commercial considerations, and (b) ensure that recovered materials 34 are handled in an environmentally sound manner and devoted to an end use involving 35 the creation or manufacture of new products; (3) the maximization of revenues from the 36 State of California Department of Conservation for materials that have a California 37 Redemption Value. Contractor shall implement the Materials Marketing Plan. 38 Attachment 11 B describes the methods by which Contractor will provide assurance to 39 the Authority that revenues Contractor receives from sale of materials (particularly those 40 sold to Potential Industries, Inc., an Affiliate) are consistent with market prices. 41 C. Reportina. Contractor shall submit, concurrently with the quarterly report described in 42 Section 9.05, a report on materials marketing including a summary of Contractor's 43 marketing efforts during the preceding quarter, the quantity (in tons) of material sold; 44 total revenues billed and received; quantity and price data disaggregated by type and 45 grade of materials; transportation method including contact information for carriers used Operating Agreement for Shoreway Center Page - 18 - 7/30/09