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July 15, 2024 Page 8 City of San Leandro Post Collection City shall adjust Contractor’s compensation for any demonstrable change in direct costs or 258 revenue resulting from such change, in accordance with Section 8.4. 259 Changes to the accepted and prohibited materials lists shall l be managed in accordance with 260 Section 4.4.G of this Agreement. 261 B. Proposal for Modification of Services. Within thirty (30) Working Days of City request for a proposal 262 or at any time Contractor chooses to propose additional services, Contractor shall present its 263 proposal to modify existing Post-Collection Services, unless an alternate schedule is mutually 264 agreed-upon. A written proposal, at a minimum, shall contain a completed description of the 265 following: 266 1. Methodology to be employed (changes to equipment, labor needs, staffing, etc.) 267 2. Equipment to be utilized (equipment number, types, capacity, age, etc.) 268 3. Labor requirements (changes in number of employees by classification) 269 4. Provision for program publicity, education, or marketing (if appropriate) 270 5. Estimate of the impact of the service modification (increased Diversion Tonnage, reduced 271 costs, increased public service, etc.) 272 6. Five- (5-) year projection of the financial results of the program’s operations in a balance sheet 273 and operating statement format including documentation of the key assumption underlying 274 the projections and the support for those assumptions, giving full effect to the savings or costs 275 to existing Post-Collection Services. 276 C. City’s Review. If the City does not review, comment, and approve or disapprove of the modification 277 to the scope of services within ninety (90) Business Days of receiving the Contractor’s Proposal, the 278 proposal will be deemed disapproved. The City and Contractor may mutually agree to extend the 279 time period for review due to the complexity of the scope of service modification under 280 consideration, the time needed for the review or approval, or for other reasonable reasons. 281 The City may request the assistance of an independent third party to review the proposal. 282 Contractor shall pay the reasonable costs of that review if the modification to the scope of Post-283 Collection Services is initiated by the Contractor. City shall pay those costs if the modification to 284 the scope of Post-Collection Services is initiated by the City. The cost of that review will be 285 estimated in advance of the work and provided to the Contractor for comment and agreement to 286 pay. Contractor’s refusal to pay the reasonable cost of review of a Contractor-initiated proposal 287 shall be grounds for City rejection of that proposal. 288 Contractor shall promptly provide operating and business records requested by City that are 289 reasonably required to verify the reasonableness and accuracy of the impacts associated with a 290 modification to the scope of Post-Collection Services. Contractor shall fully cooperate with City’s 291 request and provide City and its agent(s) copies of or access to Contractor’s records. 292 If the City and Contractor are unable to agree on terms and conditions, including compensation 293 adjustments, of such services within one hundred and twenty (120) Business Days from City 294 receipt of Contractor’s Proposal for such services, the City may permit other Persons to provide 295 such services, provided that such services do not conflict with the exclusivity granted to the 296 Contractor under Section 1.1. Nothing herein shall prevent the City from soliciting cost and 297 Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C