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July 15, 2024 Page 6 City of San Leandro Post Collection and environmental challenges being referred to collectively as “Legal Challenges”). Accordingly, 184 this Agreement shall not become effective until the City Manager or City Manager’s designee 185 reasonably determines that (i) any Legal Challenges that had been initiated as of the time of such 186 determination have been resolved in favor of the City’s award of this Agreement to Contractor; and, 187 (ii) the deadline to initiate any additional Legal Challenges has expired; provided, however, that 188 Contractor shall be entitled to rescind this Agreement upon thirty (30) calendar days’ prior written 189 notice to the City Manager if such determination is not made within seventy-five (75) calendar days 190 after City Council approval of the Agreement. 191 F. Directed Flow of City Delivered Materials. City has entered into a franchise agreement with the 192 Collection Contractor for Collection of City Delivered Materials. To the extent that such materials 193 are Collected by Collection Contractor, they will be directed by City, through that agreement, to the 194 appropriate Approved Facilities as required under this Agreement. 195 ARTICLE 3. 196 SCOPE OF AGREEMENT 197 3.1 SUMMARY SCOPE OF SERVICES 198 The Contractor or its Subcontractor(s) shall be responsible for the following: 199 A. Receiving, Accepting, and safely and lawfully Processing or Disposing of City Delivered Materials at 200 the Approved Facility(ies) in accordance with Article 4, Contractor’s Proposal (Exhibit G), and 201 Applicable Law. Contractor’s failure to specifically require an act necessary to perform the Post-202 Collection Services does not relieve Contractor of its obligations to perform such act or services; 203 B. Performing all other services required by this Agreement including, but not limited to, billing, public 204 education, record keeping, and reporting pursuant to Article 4, Article 5, Article 6, and Article 8; 205 C. Furnishing all labor, supervision, vehicles, Containers, other equipment, materials, supplies, and all 206 other items and services necessary to perform its obligations under this Agreement; 207 D. Paying all expenses related to provision of services required by this Agreement including, but not 208 limited to, taxes, regulatory fees (including City Reimbursements), and utilities; 209 E. Performing or providing all services necessary to fulfill its obligations in substantial conformance 210 with the Contractor’s Proposal, and in full accordance with this Agreement, and the performance 211 standards contained within, at all times using best industry practice for comparable operations; and, 212 F. Complying with all Applicable Laws. 213 The enumeration and specification of particular aspects of service, labor, or equipment requirements shall 214 not relieve Contractor of the duty to perform all other tasks and activities necessary to fulfill its obligations 215 under this Agreement, regardless of whether such requirements are enumerated elsewhere in the 216 Agreement, unless excused in accordance with Section 10.7. 217 Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C