Agmt09 South Bay Recycling, LLC - Laserfiche WebLink

Browse Search

1 2 accompany Authority employees on inspections and shall provide electronic copies of records stored in electronic media. 3 12.13 RIGHT OF AUTHORITY TO MAKE CHANGES 4 Authority may, without amending this Agreement, direct Contractor to cease performing 5 one or more types of service described in Articles 4, 5, or 6, may direct Contractor to 6 modify the scope of one or more such services, may direct Contractor to perform 7 additional solid waste handling services, or may otherwise direct Contractor to modify its 8 performance under any other Section of this Agreement. Contractor shall promptly and 9 cooperatively comply with such direction. 10 If such changes cause an increase or decrease in the cost of performing the services, or 11 an increase or decrease in the amount of Revenue earned from the sale or other 12 transfer of materials delivered to the Shoreway Center, an equitable adjustment in the 13 Contractor's compensation shall be made pursuant to Section 7.11. Contractor will 14 continue to perform the new or changed service while the appropriate adjustment in 15 compensation is being determined. 16 12.14 TRANSITION TO NEXT SERVICE PROVIDER 17 At the expiration of the Term or the earlier termination of the Agreement, or upon 18 Authority's approval of a proposed assignment, Contractor shall cooperate fully with 19 Authority to ensure an orderly transition to any and all new service providers. Contractor 20 shall provide, within ten (10) days of a written request by Authority, then-current 21 accounting records and billing information. Contractor may, but is not required to, sell 22 operations rolling stock, vehicles and equipment to the next service provider. 23 Contractor shall, at least 180 days prior to the transition of services, attend meetings 24 with the next service provider and with Authority and Authority staff and consultants to 25 plan for the transition to the new Contractor. Contractor shall perform in accordance with 26 such plan and direct personnel to provide operations and transition assistance. 27 Contractor will direct its employees to provide accurate information to the new provider 28 about operations, customers and vendors of the facility. 29 12.15 REPORTS AS PUBLIC RECORDS 30 The reports, records and other information submitted pr required to be submitted by 31 Contractor to Authority are public records within the meaning of that term in the 32 California Public Records Act, Government Code Section 6250 et seq. Unless a 33 particular record is exempted from disclosure by the California Public Records Act, it 34 must be disclosed to the public by Authority upon request. 35 Contractor will not object to Authority making available to the public any information 36 submitted by the Contractor, or required to be submitted in connection with the 37 Contractor's compensation, including but not limited to records described in Article 9. 38 12.16 DESTRUCTION OF PREMISES 39 If the facilities at the Shoreway Center are destroyed or damaged (by fire, earthquake or 40 other similar event) so that operations as contemplated in this Agreement are impossible 41 or commercially infeasible, Authority has the right, but no obligation, to repair or rebuild 42 the facilities. 43 Authority will notify Contractor promptly (no later than 120 days after destruction or 44 damage occurs) whether or not it will repair and rebuild the facilities. Operating Agreement for Shoreway Center Page - 51 - 7/30/09