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July 15, 2024 Page 9 City of San Leandro Post Collection operating information from other Persons in order to inform the City’s evaluation of Contractor’s 298 Proposal. 299 D. Approval of Modification to Scope of Services. Upon City approval or determination, City shall issue 300 a written notice approving the modification to the scope of service and documenting any change to 301 the Per-Ton Rates made in accordance with Section 8.4, and approved change to Contractor’s 302 obligations under this Agreement. The Parties shall prepare a written amendment to the Agreement 303 documenting any and all changes resulting from the modification to the scope of services. No 304 adjustment in Per-Ton Rates, change in Contractor’s obligations, or change in scope of Post-305 Collection Services shall become effective absent that City approval or determination. 306 3.6 NO TONNAGE OBLIGATION OR LIMIT ON WASTE PREVENTION 307 Neither City nor the Collection Contractor is obligated to deliver any specified quantity of City Delivered 308 Materials to the Approved Facility(ies). 309 The City maintains programs to reduce the amount of waste intended for Disposal. It is the City’s intent 310 to continue to improve, develop, and enhance existing programs as well as to implement new programs 311 and services throughout the Term as it deems necessary to meet or exceed mandated Diversion program 312 requirements and goals established by AB 939 and subsequent Federal, State, County, or local legislation 313 including, but not limited to, the State’s seventy-five percent (75%) Recycling goal established in AB 341, 314 the programmatic requirements of AB 1826, the requirements of SB 1383, the requirements of SB 54, and 315 the Diversion requirements under CALGreen. Contractor acknowledges that the characterization and 316 quantity of City Delivered Materials that are delivered to the Approved Facility(ies) will change over the 317 Term and may, over time, be significantly different than that as of the Commencement Date of the 318 Agreement, but the obligation of Contractor to Accept the City Delivered Materials will continue for the 319 Term of the Agreement so long as it conforms to the definitions and requirements of this Agreement. 320 Nothing in this Agreement shall, in any manner, prevent, penalize, or impede the City from continuing 321 programs, altering programs, or developing new programs that have the effect of reducing or increasing 322 the amount of City Delivered Materials Collected and delivered to the Approved Facility(ies) by the 323 Collection Contractor. However, notwithstanding anything to the contrary in this Agreement, during the 324 term of this Agreement, the City shall direct for delivery all City Delivered Organic Materials and C&D to 325 Contractor for Processing and City Delivered Solid Waste for Disposal. 326 3.7 EXTENDED PRODUCER RESPONSIBILITY PROGRAMS 327 A. General. In addition to the services provided by the Contractor pursuant to existing Extended 328 Producer Responsibility Programs, including, but not limited to SB 54, the City and Contractor 329 acknowledge that additional or amended Extended Producer Responsibility Programs may be 330 established in the future. The City may request that the Contractor participate in an Extended 331 Producer Responsibility Program. Notwithstanding Section 8.4.E, any and all such City requests 332 and/or new requirements related to any Extended Producer Responsibility Program shall be 333 treated as a change in scope in accordance with Sections 3.5 and 8.4.D and shall not be treated 334 as a Change in Law pursuant to Section 8.4.E; provided, however, that the Contractor shall be 335 expressly precluded from requesting an Extraordinary Rate Adjustment for a change in scope to 336 the extent Contractor is fully compensated for Processing, Recovery, Diversion, or other direct 337 cost associated with such Extended Producer Responsibility Program participation. Contractor 338 Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C