Agmt09 South Bay Recycling, LLC - Laserfiche WebLink

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1 ARTICLE 9 CONTRACTOR RECORDS/REPORTING 2 9.01 TONNAGE RECORDS 3 In addition to the financial records required under Article 8, Contractor shall compile 4 monthly tonnage summary records whose format and content have been approved by 5 the Authority. Reports shall be submitted to the Authority by the fifteenth (15th) day of 6 the immediately following month. The Authority may require more frequent reporting of 7 Tonnage. 8 9.02 CERCLA DEFENSE RECORDS 9 The Authority views the ability to defend against CERCLA and related litigation as a 10 matter of great importance. For this reason, the Authority regards the ability to prove 11 where Solid Waste Collected in the Authority Service Area was taken for Disposal, as 12 well as where it was not taken, to be matters of significant importance. Therefore, 13 Contractor shall maintain data retention and preservation systems that can establish 14 where Solid Was~e was transferred and disposed of. 15 All records required under this Agreement shall be maintained for each year of the Term 16 and for three years beyond the expiration or earlier termination of the Agreement. At the 17 end of that period, Authority reserves the right to take physical possession of these 18 records. 19 9.03 PROVISION OF RECORDS TO THE AUTHORITY 20 In the event Contractor's services are terminated before expiration of the Term, 21 Contractor shall provide to the Authority all records required by this Agreement within 22 thirty (30) days of discontinuing service. Records shall be in chronological order, in an 23 organized form, and readily and easily interpreted. 24 9.04 REPORTS AND SCHEDULES 25 Records shall be maintained in forms and by methods that facilitate flexible use of data 26 contained in them to structure reports, as needed. Reports are intended to compile 27 recorded data into useful forms of information that can be used to, among other things: 28 A. determine and set rates and evaluate the financial efficiency of operations; 29 B. evaluate past and expected progress towards achieving goals and objectives of the 30 Act and the Authority; 31 C. determine needs for program adjustments; and, 32 D. evaluate customer service and complaints. 33 Either the Authority or Contractor may propose report formats that are responsive to the 34 objectives of and audiences for each report. The format of each report shall be 35 approved by the Authority. Contractor agrees to submit all reports on computer discs or 36 in electronic format compatible with the Authority's software and computers at no 37 additional charge, if requested by the Authority. Contractor will provide a certification 38 statement, under penalty of perjury, by the responsible Contractor official, that the report 39 being submitted is true and correct to the best knowledge of such official. 40 Quarterly Reports shall be submitted within thirty (30) calendar days after the end of the 41 calendar quarter. Annual reports shall be submitted within thirty (30) calendar days after Operating Agreement for Shoreway Center Page - 33 - 7/30/09