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CM City Clerk-City Council - Document Type
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<br />July 15, 2024 Page 11 City of San Leandro Post Collection <br />4.1 APPROVED FACILITIES 380 <br />A. Use of Approved Facility(ies). Contractor shall Accept City Delivered Materials at the appropriate 381 <br />Approved Facility(ies) for each material type and shall comply with all material delivery and 382 <br />Acceptance procedures specified in this Agreement. 383 <br />B. Use of Alternative Facilities. If Contractor is unable to use an Approved Facility due to an emergency 384 <br />or sudden and unforeseen closure of the facility that is outside the control of the Contractor, 385 <br />Contractor shall immediately notify the City Contract Manager, and shall use the appropriate 386 <br />Alternative Facility(ies) as defined in Exhibit A. Contractor shall continue to use such Alternative 387 <br />Facility(ies) until the Approved Facility is reopened or the need for the Alternate Facility is abated. 388 <br />Contractor shall notify City in writing prior to recommencing use of the Approved Facility. During 389 <br />such time, to the extent feasible, Contractor shall continue to comply with the requirements of 390 <br />Article 5. 391 <br />If the need to use an Alternative Facility is discretionary or for reasons within Contractor’s, or its 392 <br />Subcontractor’s, reasonable control, Contractor’s Compensation shall not be adjusted for any 393 <br />change in costs associated with use of the Alternative Facility and Contractor shall be responsible 394 <br />for any increased Transfer costs which shall be paid to the Transfer operator through a credit to 395 <br />the Transfer operator’s invoice. If the need to use the Alternative Facility results from reasons 396 <br />beyond Contractor’s, or its Subcontractor’s, reasonable control, City shall adjust, either up or 397 <br />down, Contractor’s Compensation for changes in Processing or Disposal costs associated with use 398 <br />of the Alternative Facility and Contractor shall not be responsible for any increased Transfer costs. 399 <br />In the event that a change in the Approved Facility(ies) results in increased costs, City may identify 400 <br />and direct Contractor to an Alternative Facility that results in less cost than the Contractor-401 <br />identified alternative. 402 <br />Except for the emergency conditions described in this Section, Contractor shall not change its 403 <br />selection of the Approved Facility(ies) without City’s written approval, which may be withheld in 404 <br />the City’s reasonable discretion. Contractor may use an Alternative Facility (Processing or 405 <br />Disposal) in lieu of the primary Approved Facility so long as it notifies the City in writing and 406 <br />includes the reason for using the Alternative Facility and expected duration of time for which the 407 <br />Alternative Facility will be used. If Contractor elects to use a facility that is different than the initial 408 <br />Approved Facility(ies) or Alternative Facilities, it shall request written approval from the City 409 <br />Contract Manager sixty (60) calendar days prior to use of the site and obtain City’s written 410 <br />approval no later than ten (10) calendar days prior to use of the site. City’s approval may be 411 <br />conditioned on such facility’s ability to guarantee sufficient Transfer, Processing, or Disposal 412 <br />capacity to the City for the period of time proposed by Contractor for use of the proposed facility, 413 <br />and the status of such facility’s permits. 414 <br />Contractor is solely responsible for ensuring continued availability of City-approved Alternative 415 <br />Facility(ies) throughout the Term. 416 <br />C. Secondary Processing. Contractor may use the Secondary Processing Facilities listed in Exhibit G5. 417 <br />Should Contractor wish to utilize a Secondary Processing Facility to perform services under this 418 <br />Agreement that is not listed in Exhibit G5, Contractor shall request approval from the City Contract 419 <br />Manager. Contractor shall provide any requested records, documentation, or other information 420 <br />that the City considers reasonable to evaluate the impact on Post-Collection Services of the 421 <br />Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C
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