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July 15, 2024 Page 28 City of San Leandro Post Collection ARTICLE 6. 1074 RECORD KEEPING AND REPORTING 1075 6.1 RECORD KEEPING 1076 Contractor shall maintain accounting, statistical, operational, and other records related to its performance 1077 as shall be necessary to provide reporting under this Agreement, Applicable Law, and to demonstrate 1078 compliance with this Agreement. Unless otherwise required in this Article, Contractor shall retain all 1079 records and data required to be maintained by this Agreement for the Term of this Agreement plus three 1080 (3) years after its expiration or earlier termination. Records and data shall be in chronological order and 1081 an organized form and readily and easily interpreted . Upon request, any such records shall be retrieved 1082 within ten (10) Working Days of a request by the City Contract Manager and made available to the City 1083 Contract Manager. Contractor shall maintain adequate record security to preserve records from events 1084 that can be reasonably anticipated such as a fire, theft, and an earthquake. Electronically-maintained data 1085 and records shall be protected and backed-up. To the extent that Contractor utilizes its computer systems 1086 to comply with record keeping and reporting requirements under this Agreement, Contractor shall, on a 1087 monthly basis, save all system-generated reports supporting those record keeping and reporting 1088 requirements in a static format in order to provide an audit trail for all data required. City shall have the 1089 right to inspect all documents upon which the representations contained in monthly and annual reports 1090 are based. 1091 City views its ability to defend itself against the Comprehensive Environmental Response, Compensation 1092 and Liability Act (CERCLA), and related litigation as a matter of great importance . For this reason, City 1093 regards its ability to prove where City Delivered Materials are taken for Transfer, Processing, or Disposal. 1094 Contractor shall maintain records which can establish where City Delivered Materials were Transferred, 1095 Processed, or Disposed. Additionally, the City finds it essential to accurately determine the origin of 1096 materials received at Approved Facilities to ensure the appropriate attribution and allocation of City 1097 Delivered Materials to the City and to track the final placement of Diverted Commodities at Responsible 1098 End Markets. Contractor shall maintain all necessary records and supporting documentation to accurately 1099 allocate the Tons of City Delivered Materials Diverted or Disposed and to prove City Delivered Materials 1100 are Recycled or Composted at Responsible End Markets. Contractor shall make such records related to 1101 the Person delivering the material, the origin of the material reported by that Person, and any other 1102 information required to reconcile Contractor’s reports available to the City Contract Manager without any 1103 requirement for confidentiality agreement or claim of proprietary/trade secret protection. This provision 1104 shall survive the expiration or earlier termination of this Agreement. Contractor shall maintain these 1105 records for a minimum of ten (10) years beyond expiration or earlier termination of the Agreement. 1106 Contractor shall provide these records to City (upon request or at the end of the record retention period) 1107 in an organized and indexed manner rather than destroying or Disposing of them. 1108 6.2 REPORT SUBMITTAL REQUIREMENTS 1109 Contractor shall submit monthly reports no later than fifteen (15) calendar days after the end of each 1110 month. Contractor shall submit annual reports no later than forty-five (45) calendar days after the end of 1111 each calendar year. Monthly and annual reports shall, at a minimum, include all data and information as 1112 described in Exhibit D. Additionally, upon request by the City, Contractor shall provide any data, described 1113 in Exhibit D, required to respond to requests by local, regional, or State agencies within five (5) Business 1114 Days unless such request is made within the first (1st) and tenth (10th) of any month for current data, in 1115 which case Contractor shall provide the requested data within seven (7) Business Days. 1116 Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C