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