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July 15, 2024 Page 17 City of San Leandro Post Collection reserved by the Contractor for that purpose. This obligation survives expiration or termination of 624 the Agreement. 625 4.5 CLIMATE AND DISASTER RESILIENCY 626 A. Climate and Disaster Resiliency Planning. No less than ninety (90) calendar days prior to the 627 Commencement Date, the Parties shall meet to discuss development of a Climate and Disaster 628 Response Plan to address the role of the Contractor in addressing City’s disaster debris management 629 needs related to wartime, natural, physical, or other disaster in, or proximate to the City resulting 630 in the declaration of a State of Emergency by the City Manager or City Council, as well as any 631 measures that may be necessary for the Contractor to take over time to address climate change. 632 B. Disaster Response Protocol. The Parties shall develop and finalize a Disaster Response Protocol 633 prior to the Commencement Date that identifies specific communication and logistical actions, and 634 such other coordination between the Parties and internal to each Party such that Contractor 635 assistance can occur immediately following City declaration of an emergency, except as provided in 636 Section 10.7. The protocol shall become part of the Climate and Disaster Response Plan to be 637 developed by the Parties as provided in in this Section. The Parties shall review the Protocol no less 638 than annually and revise as warranted. 639 C. Essential Service. Contractor acknowledges that it provides an essential service, and that while 640 Processing and Disposal services during or following a disaster may be affected by impacts to 641 facilities, equipment, and/or public infrastructure, Contractor is obligated to take all measures 642 necessary to provide such service in a timely and effective manner in compliance with this 643 Agreement, except as provided in Section 10.7. 644 D. Use of Contractor’s Facility. In the event of a State of Emergency declared by the City Manager or 645 City Council, Contractor shall provide Disposal capacity for up to ten thousand (10,000) tons of 646 disaster debris from the City, at a cost not to exceed the then current Per-Ton Rates for Disposal 647 E. Contractor Reimbursement for Use of Additional Resources. Should Contractor provide additional 648 Disposal capacity during a declared State of Emergency beyond that normally required to perform 649 services under this Agreement, Contractor shall submit to City an invoice for the additional tons 650 delivered for Disposal. City shall compensate Contractor for such Tons Disposed within two hundred 651 and seventy (270) calendar days or upon receipt of State and/or Federal emergency agency 652 reimbursement specific to the City’s Disposal costs, whichever is sooner. Should any costs borne by 653 Contractor by disputed by City, Contractor and City shall resolve such a dispute in accordance with 654 Section 10.9. Contractor shall reasonably cooperate with City, State and/or Federal reporting and 655 documentation requirements related to City receipt of State and/or Federal emergency agency 656 reimbursement, including if City is pursuing reimbursement after having paid the Contractor. 657 4.6 MATERIAL MARKETING 658 Contractor shall market Diverted Materials in accordance with this Section. 659 A. Market Arrangements. Contractor shall continually monitor market conditions and engage in 660 marketing activities to assure continuous material movement to the extent practicable and 661 consistent with applicable laws and programs described in subsection C below. 662 Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C