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CM City Clerk-City Council - Document Type
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<br />July 15, 2024 Page 7 City of San Leandro Post Collection <br />3.2 USE OF APPROVED FACILITIES 218 <br />The Contractor, without constraint and as a free-market business decision in accepting this Agreement, 219 <br />agrees to use the Approved Facility(ies) for the purposes of performing Post-Collection Services under this 220 <br />Agreement. Such decision by Contractor in no way constitutes a restraint of trade notwithstanding any 221 <br />Change in Law regarding flow control limitations or any definition thereof. 222 <br />3.3 SUBCONTRACTING 223 <br />Contractor is solely responsible for management and oversight of the activities of all Subcontractor (s). 224 <br />Contractor shall be considered to be in breach or default should the activities of any Subcontractor(s) 225 <br />constitute a breach or event of default under this Agreement. 226 <br />Contractor shall not engage a Subcontractor(s) for Post-Collection Services without the prior written 227 <br />consent of City Contract Manager, which may be granted subject to their reasonable discretion. As of the 228 <br />Effective Date of this Agreement, City has approved Contractor’s use of Subcontractor (s) identified in 229 <br />Contractor’s Proposal, included herein as Exhibit G. Following the Effective Date, if the Contractor plans 230 <br />to engage any Affiliate as a Subcontractor in the provision of services, Contractor shall provide City 231 <br />Contract Manager with thirty (30) calendar days written notification of its plans and provide an 232 <br />explanation of any potential impacts related to the quality, timeliness, or cost of providing services under 233 <br />this Agreement. Contractor shall require that all Subcontractors file an insurance certificate with the City 234 <br />describing such Subcontractor’s insurance coverage, and name City as an additional insured. The City Risk 235 <br />Manager may waive or excuse these insurance requirements in its sole discretion. Contractor shall require 236 <br />that all Subcontractors comply with all material terms of this Agreement. 237 <br />3.4 RESPONSIBILITY FOR MATERIALS 238 <br />Once City Delivered Materials are delivered to the Approved Facility(ies) and received and Accepted by 239 <br />Contractor, ownership and the right to possession of City Delivered Materials will transfer directly from 240 <br />the Collection Contractor or other Person designated to deliver City Delivered Materials to Contractor, 241 <br />with the exception of Excluded Waste if Contractor can identify the Excluded Waste pursuant to Section 242 <br />5.2.2. For Solid Waste received at the Disposal Facility, Contractor may retain, Recycle, Process, Dispose 243 <br />of, and otherwise use City’s Solid Waste in any lawful fashion or for any lawful purpose. Both benefits and 244 <br />Liabilities resulting from ownership and possession will accrue to Contractor. 245 <br />3.5 CITY-DIRECTED CHANGES TO SCOPE 246 <br />A. General. City may direct Contractor to perform additional services (including, but not limited to, the 247 <br />performance of additional Diversion activities) or the Contractor may propose additional services. 248 <br />Per-Ton Rates will be increased or decreased, in accordance with this Section, to give effect to these 249 <br />adjustments. 250 <br />At any time during the Term of this Agreement, the City may solicit proposals from other Persons 251 <br />for services not contemplated under this Agreement. In the event that contracting with other 252 <br />Persons for such services will reduce Contractor’s Compensation or increase Contractor’s costs 253 <br />under this Agreement, the Contractor shall be offered the opportunity to match any other 254 <br />Person’s proposed pricing and provide the added scope of services. However, nothing in this 255 <br />Agreement shall prevent the City from contracting with other Persons in the event that Contractor 256 <br />is unable or unwilling to provide such services at or below the cost proposed by the other Person. 257 <br />Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C
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