Common use of Alternative Facilities Clause in Contracts

Alternative Facilities. If Contractor is unable to use the Designated Disposal Facility due to an emergency or sudden and unforeseen closure of the Designated Disposal Facility that is outside the control of the Contractor, Contractor may use an alternative Disposal Facility as consistent with the provisions of the Post-Collection Services Agreement and provided that the Contractor provides written notice to Authority Contract Manager. Within forty-eight (48) hours of emergency or sudden and unforeseen closure, the Contractor shall provide a written description of the reasons the use of the Designated Disposal Facility is not feasible and the period of time Contractor proposes to use the alternative Disposal Facility. Such a change in Disposal Facility shall be temporarily permitted until such time as the Authority Contract Manager is able to consider and respond to the use of the proposed alternative Disposal Facility. If the use of the proposed alternative Disposal Facility is anticipated to or actually does exceed thirty (30) days in a consecutive twelve (12) month period, the use of such Processing Facility shall be subject to approval by the Authority Contract Manager. The Authority Contract Manager may, in their sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed alternative Disposal Facility. In the event that the Authority Contract Manager disapproves the use of the proposed alternative Disposal Facility, the Parties shall meet and confer to determine an acceptable Disposal Facility. If the need to use the alternative Disposal Facility is discretionary or for reasons within Contractor’s reasonable control, Contractor’s Compensation shall not be adjusted for any change in Transportation costs associated with use of the alternative Disposal Facility. If the need to use the alternative Disposal Facility results from reasons beyond Contractor’s, or its Subcontractor’s, reasonable control, Authority shall adjust, either up or down, Contractor’s Compensation for changes in Transportation costs associated with use of the alternative Disposal Facility. In the event that a change in the Disposal Facility results in increased costs, Authority Contract Manager may identify and direct Contractor to an alternative Processing Facility that results in less cost than the Contractor-identified alternative.

Alternative Facilities. If Contractor is unable to use the Designated Disposal Approved Recyclable Materials Processing Facility due to an emergency or sudden and unforeseen closure of the Designated Disposal Approved Recyclable Materials Processing Facility that is outside the control of the Contractor, Contractor may use an alternative Disposal Processing Facility as consistent with the provisions of the Post-Collection Services Agreement and provided that the Contractor provides written notice to Authority Contract Manager. Within forty-eight (48) hours of such emergency or sudden and unforeseen closure, the Contractor shall provide a written description of the reasons the use of the Designated Disposal Approved Recyclable Materials Processing Facility is not feasible and the period of time Contractor proposes to use the alternative Disposal Processing Facility. Such a change in Disposal Processing Facility shall be temporarily permitted until such time as the Authority Contract Manager is able to consider and respond to the use of the proposed alternative Disposal Processing Facility. If the use of the proposed alternative Disposal Processing Facility is anticipated to or actually does exceed thirty (30) days in a consecutive twelve (12) month period, the use of such Processing Facility shall be subject to approval by the Authority Contract Manager. The Authority Contract Manager may, in their sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed alternative Disposal Processing Facility. In the event that the Authority Contract Manager disapproves the use of the proposed alternative Disposal Processing Facility, the Parties shall meet and confer to determine an acceptable Disposal Processing Facility. If the need to use the alternative Disposal Processing Facility is discretionary or for reasons within Contractor’s reasonable control, Contractor’s Compensation shall not be adjusted for any change in Transportation and Processing costs associated with use of the alternative Disposal Processing Facility. If the need to use the alternative Disposal Processing Facility results from reasons beyond Contractor’s, or its Subcontractor’s, reasonable control, Authority shall adjust, either up or down, Contractor’s Compensation for changes in Transportation and Processing costs associated with use of the alternative Disposal Processing Facility. In the event that a change in the Disposal Processing Facility results in increased costs, Authority Contract Manager may identify and direct Contractor to an alternative Processing Facility that results in less cost than the Contractor-identified alternative.

Alternative Facilities. If Contractor is unable to use the Designated Disposal Approved Recyclable Materials Processing Facility due to an emergency or sudden and unforeseen closure of the Designated Disposal Approved Recyclable Materials Processing Facility that is outside the control of the Contractor, Contractor may use an alternative Disposal Processing Facility as consistent with the provisions of the Post-Collection Services Agreement and provided that the Contractor provides written notice to Authority City Contract Manager. Within forty-eight (48) hours of such emergency or sudden and unforeseen closure, the Contractor shall provide a written description of the reasons the use of the Designated Disposal Approved Recyclable Materials Processing Facility is not feasible and the period of time Contractor proposes to use the alternative Disposal Processing Facility. Such a change in Disposal Processing Facility shall be temporarily permitted until such time as the Authority City Contract Manager is able to consider and respond to the use of the proposed alternative Disposal Processing Facility. During such time, to the extent feasible, Contractor shall continue to comply with the requirements of Article 6. If the use of the proposed alternative Disposal Processing Facility is anticipated to or actually does exceed thirty (30) days in a consecutive twelve (12) month period, the use of such Processing Facility shall be subject to approval by the Authority City Contract Manager. The Authority City Contract Manager may, in their sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed alternative Disposal Processing Facility. In the event that the Authority Contract Manager City disapproves the use of the proposed alternative Disposal Processing Facility, the Parties shall meet and confer to determine an acceptable Disposal Processing Facility. If the need to use the alternative Disposal Processing Facility is discretionary or for reasons within Contractor’s reasonable control, Contractor’s Compensation shall not be adjusted for any change in Transportation and Processing costs associated with use of the alternative Disposal Processing Facility. If the need to use the alternative Disposal Processing Facility results from reasons beyond Contractor’s, or its Subcontractor’s, reasonable control, Authority City shall adjust, either up or down, Contractor’s Compensation for changes in Transportation and Processing costs associated with use of the alternative Disposal Processing Facility. In the event that a change in the Disposal Processing Facility results in increased costs, Authority Contract Manager City may identify and direct Contractor to an alternative Processing Facility that results in less cost than the Contractor-identified alternative.

Alternative Facilities. If Contractor is unable to use the Designated Disposal Approved Solid Waste Facility due to an emergency or sudden and unforeseen closure of the Designated Disposal Approved Solid Waste Facility that is outside the control of the Contractor, Contractor may use an alternative Disposal Solid Waste Facility as consistent with the provisions of the Post-Collection Services Agreement and provided that the Contractor provides written notice to Authority City Contract Manager. Within forty-eight (48) hours of emergency or sudden and unforeseen closure, the Contractor shall provide a written description of the reasons the use of the Designated Disposal Approved Solid Waste Facility is not feasible and the period of time Contractor proposes to use the alternative Disposal Solid Waste Facility. Such a change in Disposal Processing Facility shall be temporarily permitted until such time as the Authority City Contract Manager is able to consider and respond to the use of the proposed alternative Disposal Solid Waste Facility. If the use of the proposed alternative Disposal Processing Facility is anticipated to or actually does exceed thirty (30) days in a consecutive twelve (12) month period, the use of such Processing Solid Waste Facility shall be subject to approval by the Authority City Contract Manager. The Authority City Contract Manager may, in their sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed alternative Disposal Solid Waste Facility. In the event that the Authority Contract Manager City disapproves the use of the proposed alternative Disposal Solid Waste Facility, the Parties shall meet and confer to determine an acceptable Disposal Processing Facility. If the need to use the alternative Disposal Solid Waste Facility is discretionary or for reasons within Contractor’s reasonable control, Contractor’s Compensation shall not be adjusted for any change in Transportation and Solid Waste Facility costs associated with use of the alternative Disposal Processing Facility. If the need to use the alternative Disposal Solid Waste Facility results from reasons beyond Contractor’s, or its Subcontractor’s, reasonable control, Authority City shall adjust, either up or down, Contractor’s Compensation for changes in Transportation and Solid Waste Facility costs associated with use of the alternative Disposal Solid Waste Facility. In the event that a change in the Disposal Solid Waste Facility results in increased costs, Authority Contract Manager City may identify and direct Contractor to an alternative Processing Solid Waste Facility that results in less cost than the Contractor-identified alternative.

Alternative Facilities. If Contractor is unable to use the Designated Disposal Approved Organic Materials Processing Facility due to an emergency or sudden and unforeseen closure of the Designated Disposal Approved Organic Materials Facility that is outside the control of the Contractor, Contractor may use an alternative Disposal Processing Facility as consistent with the provisions of the Post-Collection Services Agreement and provided that the Contractor provides written notice to Authority City Contract Manager. Within forty-eight (48) hours of emergency or sudden and unforeseen closure, the Contractor shall provide a written description of the reasons the use of the Designated Disposal Approved Organic Materials Processing Facility is not feasible and the period of time Contractor proposes to use the alternative Disposal Processing Facility. Such a change in Disposal Processing Facility shall be temporarily permitted until such time as the Authority City Contract Manager is able to consider and respond to the use of the proposed alternative Disposal Processing Facility. If the use of the proposed alternative Disposal Processing Facility is anticipated to or actually does exceed thirty (30) days in a consecutive twelve (12) month period, the use of such Processing Facility shall be subject to approval by the Authority City Contract Manager. The Authority City Contract Manager may, in their sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed alternative Disposal Processing Facility. In the event that the Authority Contract Manager City disapproves the use of the proposed alternative Disposal Processing Facility, the Parties shall meet and confer to determine an acceptable Disposal Processing Facility. If the need to use the alternative Disposal Processing Facility is discretionary or for reasons within Contractor’s reasonable control, Contractor’s Compensation shall not be adjusted for any change in Transportation and Processing costs associated with use of the alternative Disposal Processing Facility. If the need to use the alternative Disposal Processing Facility results from reasons beyond Contractor’s, or its Subcontractor’s, reasonable control, Authority City shall adjust, either up or down, Contractor’s Compensation for changes in Transportation and Processing costs associated with use of the alternative Disposal Processing Facility. In the event that a change in the Disposal Processing Facility results in increased costs, Authority Contract Manager City may identify and direct Contractor to an alternative Processing Facility that results in less cost than the Contractor-identified alternative.

Alternative Facilities. If Contractor is unable to use the Designated Disposal Organic Materials Processing Facility or Approved Organic Materials Processing Facility due to an emergency or sudden and unforeseen closure of the Designated Disposal Organic Materials Processing Facility or Approved Organic Materials Facility that is outside the control of the Contractor, Contractor may use an alternative Disposal Processing Facility as consistent with the provisions of the Post-Collection Services Agreement and provided that the Contractor provides written notice to Authority Contract Manager. Within forty-eight (48) hours of emergency or sudden and unforeseen closure, the Contractor shall provide a written description of the reasons the use of the Designated Disposal Organic Materials Processing Facility or Approved Organic Materials Processing Facility is not feasible and the period of time Contractor proposes to use the alternative Disposal Processing Facility. Such a change in Disposal Processing Facility shall be temporarily permitted until such time as the Authority Contract Manager is able to consider and respond to the use of the proposed alternative Disposal Processing Facility. If the use of the proposed alternative Disposal Processing Facility is anticipated to or actually does exceed thirty (30) days in a consecutive twelve (12) month period, the use of such Processing Facility shall be subject to approval by the Authority Contract Manager. The Authority Contract Manager may, in their sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed alternative Disposal Processing Facility. In the event that the Authority Contract Manager disapproves the use of the proposed alternative Disposal Processing Facility, the Parties shall meet and confer to determine an acceptable Disposal Processing Facility. If the need to use the alternative Disposal Processing Facility is discretionary or for reasons within Contractor’s reasonable control, Contractor’s Compensation shall not be adjusted for any change in Transportation and Processing costs associated with use of the alternative Disposal Processing Facility. If the need to use the alternative Disposal Processing Facility results from reasons beyond Contractor’s, or its Subcontractor’s, reasonable control, Authority shall adjust, either up or down, Contractor’s Compensation for changes in Transportation and Processing costs associated with use of the alternative Disposal Processing Facility. In the event that a change in the Disposal Processing Facility results in increased costs, Authority Contract Manager may identify and direct Contractor to an alternative Processing Facility that results in less cost than the Contractor-identified alternative. Except for the emergency conditions described in this section, Contractor shall not change its selection of the Approved Organic Materials Processing Facility without Authority Contract Manager’s written approval, which may be withheld in the Authority’s sole discretion. If Contractor elects to use an Organic Materials Processing Facility that is different than the initial Approved Organic Materials Processing Facility, it shall request written approval from the Authority Contract Manager sixty (60) calendar days prior to use of the site and obtain Authority Contract Manager’s written approval no later than ten (10) calendar days prior to use of the site. Failure to meet the requirements of this Section shall result in Liquidated Damage as identified in Exhibit F. {Note to Proposers: This section will be revised to align with the selected Exhibit F1 or F2.}