Guadalupe - First AmendmentWitAk d1v M a afts'T MIA Al I'm' WIR 03,91
E. Article V.B.2 expressly prohibits processed material to be compost.
Disposal Agreement Amendment
F. Authority has taken the position that a higher and better use of the Yard Waste
material is for it to be composted with additional benefits of water conservation,
improved soil health, and carbon sequestration.
G. Article V.B.1 provides for Contractor to change its Yard Waste Processing Plan.
I L At the February 2, 2017 Board meeting, Contractor presented an update on its facility
and Yard Waste processing.
1. On February 2, 2017, the Board of Directors of Authority directed the Executive
Director to execute an amendment to the Agreement to use the Yard Waste as
Alternative Daily Cover through June 30, 2017 and to begin composting the Yard
Waste effective July 1, 2017 at the rate of $40 per ton, including, regulatory fees.
J. Thus, the Authority and Contractor desire to amend the Agreement for the limited
purpose of adding composting to the definition of Beneficial Use, thereby allowing
the Contractor to compost the Authority's Yard Waste.
IT,CJITT-TfTE1KEFCfKf, in consideration of mutual promises, covenants and conditions,
the parties agree as follows:
F.�t � � �511 T,
1. Article Ij is hereby replaced by the following:
"J. Beneficial Use.
"Beneficial Use" means the processing of Yard Waste for top dressing, weed
suppression, irrigation and erosion control, soil amendment, mulch, fuel,
composting, etc. (in a manner that is not classified as Disposal by the
California Department of Resources Recycling and Recover ("CalRec.ycle")
and is not otherwise subject to the City of San Jose's Disposal Facility Tax or
implementing Ordinance No. 27512) but does not include landfill disposal."
2. Article LEE is hereby replaced by the following:
15999 Guadalupe Mines Road, in the City of ,..,;an Jose, California, and
currently authorized to receive Solid Waste for Disposal, receive and process
Construction and Demolition DebriSr, and receive and process or arran, ge to
be processed Yard Waste, for beneficial use under applicable laws and
regulations of the State of California."
Disposal Agreement Amendment 2
3. Article I.SS is hereby replaced by the following:
"SS. Yard Waste Processing Facility.
"Yard Waste. Processing Facility" means the site known as the Gual
Landfill, San Jose, California, Solid Waste Facility Permit Number 43-A
0015, located at 15999 Guadalupe Mines Road, in the City of San Jos
California, and currently authorized to receive Solid Waste for Dispos,
receive and process Construction and Demolition Debris, and receive a
process or arrange to be processed Yard Waste for beneficial use und
applicable laws and regulations of the State of California." 11
"B. Receipt and Processing of Franchise Yard Waste.
CONTRACTOR shall receive, accept, and safely and lawfully process, at the
Yard Waste Processing Facility, any or all Franchise Yard Waste delivered by
AUTHORM, or it's Designated. Hauler, to the Guadalupe Landfill.
CONTRACTOR covenants that no Franchise Yard Waste delivered by
AU'17HORlTY or its Designated Hauler shall be disposed of at a landfill unless
agreed to in writing by AUTHORITY prior to such Disposal. Further,
CON'rRACTOR shall process or arrange to be processed Franchise Yard
Waste delivered by the AUTHORITY'S Designated Hauler for uses that
quality for diversion under the rules and regulations of the CalRecycle. At
such time as CalRecycle rules and regulations no longer allow such uses for
diversion, then the AUTHORITY and CONTRACFOR shall meet and confer
and the AUTHORITY may direct its Yard Waste to its Designated Yard Waste
Composter and terminate its obligations to Contractor under this Agreement
with regard to Franchise Yard Waste."
"2. Olar,d Wa.s.te.,Pro.ce,ss�4f'uir,e-me-nts.
In addition to CONTRACTOR'S compliance with all conditions in all
permits in effect from time to time and the Yard Waste Processing
Operations Plan provisions, Yard Waste Processor shall comply with the
following mum requirements:
a. Pre-processing activities shall include the inspection for and removal
of Hazardous Waste and glass.
b. Processed material shall be deemed for Beneficial Use.
c. Ensure that there is sufficient capacity at its facility or its sub-
contractor's facility to process and store, until marketed, all Franchise
Yard Waste. Nothing in this Agreement shall be deemed to require or
allow storage of any materials at the Yard Waste Processing Facility
Disposal Agreement Amendment 3
contrary to or in violation of any order by a regulatory agency having
jurisdiction over the Yard Waste Processing Facility.
d. Provide the necessary labor and equipment for the processing of an
Franchise Yard Waste accepted by CONTRACTOR into finished
products.
e. Operate the Yard Waste Processing Facility to ensure smooth,
continuous operation for the Term of this Agreement.
f. Properly dispose of any and all residue remaining from the processing
of Franchise Yard Waste.
In addition, CONTRACFOR shall maintain procedures, recording and
�mternal controls to ensure complete, accurate, and timely recording and
reporting of Yard Waste Processing at its designated Yard Waste
Processing Facility."
6. Except as otherwise provided herein, all other provisions of the Agreement shall
remain the same.
Disposal Agreement Amendment 4
IN WITNESS WI IEREOF, the parties hereto have caused this Amendment to be
executed on this ls' day of July, 2017.
WON
.................
By: Kirsten Powell, Authority Counsel
RMMEEMEMMM�
DISPOSAL, COMPANY, INC.
Eyo
Title: