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July 15, 2024 Page 10 City of San Leandro Post Collection shall by default accept the City’s request to enact the Extended Producer Responsibility program, 339 unless the Contractor can demonstrate significant barriers that would make providing such 340 services impracticable. Contractor shall express any objections or concerns during the meet and 341 confer period and provide substantial evidence of such barriers in the Contractor’s proposal, for 342 further review by the City. 343 B. Extended Producer Responsibility Program Proposal. Upon the City’s written request, Contractor 344 shall seek out and coordinate with the applicable Stewardship Organization designated for the 345 specified Extended Producer Responsibility Program and shall describe such partnership in its 346 proposal, in addition to the requirements provided in Section 3.5. In its written request, the City 347 may additionally describe specific information required to be included in the Contractor’s 348 proposal, as the City Contract Manager deems reasonably necessary in relation to the Extended 349 Producer Responsibility Program. The City shall review the proposal and may request additional 350 supporting documentation, calculations, or other information necessary to evaluate the 351 Contractor’s proposal for reasonableness and ability to comply with requirements of the Extended 352 Producer Responsibility Program. The City retains the right to negotiate with Contractor and 353 amend the Agreement to reflect changes in services, as needed, or may reject the proposal 354 without further negotiation. Contractor shall not be compensated for the proposal preparation 355 costs or costs incurred during the negotiation of its proposal. 356 At any time during the Term of this Agreement, the City may solicit proposals from other Persons 357 related to Extended Producer Responsibility Programs, as provided for in Section 1.2.N. 358 C. Funding Provided Through Extended Producer Responsibility Programs. Contractor’s 359 participation or compliance with Extended Producer Responsibility Programs shall not warrant an 360 increase to the Contractor’s compensation, except as otherwise provided for in Section 8.4.D. 361 Contractor shall maintain records of all funding or other resources the Contractor receives directly 362 or indirectly through an Extended Producer Responsibility Program. The Contractor shall calculate 363 and demonstrate the dollar amount that can be attributed to services provided under this 364 Agreement. Any cost savings identified shall be remitted to the City as either a direct payment 365 sent to the City within thirty (30) Business Days of Contractor’s receipt of funds; or, as a reduction 366 to the appropriate Per-Ton-Rate(s) that are established in accordance with Article 8, at the City 367 Manager’s sole discretion. Contractor shall include copies of invoices or receipts submitted to or 368 provided by the applicable Stewardship Organization with its payment. 369 D. Recordkeeping. Contractor shall maintain all operational and financial records related to 370 Extended Producer Responsibility Programs, and report such information to the City in 371 accordance with Exhibit D or as otherwise requested by the City Contract Manager. 372 ARTICLE 4. 373 SCOPE OF SERVICES 374 Contractor shall perform the Post-Collection Services described in this Article 4. This Article 4 describes 375 the requirements for the services to be provided. More specific requirements for how each service shall 376 be provided for each material type are described in Exhibit G, Contractor’s Proposal. Failure to specifically 377 require an act necessary to perform the Post-Collection Services under this Agreement does not relieve 378 Contractor of its obligation to perform such act. 379 Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C