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July 15, 2024 Page 24 City of San Leandro/ACI Franchise Agreement responsible for confirming acceptance or denial of the exemption request and adjusting Collection 932 services in accordance with Section 4.14.F. 933 4.15 CLIMATE AND DISASTER RESILIENCY 934 A. Climate and Disaster Resiliency Planning. No less than one-hundred and twenty (120) days prior to 935 the Commencement Date, the Parties shall meet to discuss development of a Climate and Disaster 936 Response Plan to address the role of the Contractor in addressing City needs related to wartime, 937 natural, physical, or other disaster in, or proximate to, the City resulting in the declaration of a State 938 of Emergency by the City Manager or City Council, as well as any measures that may be necessary 939 for the Contractor to take over time to address climate change. No less than sixty (60) days prior to 940 the Commencement Date, Contractor shall develop a Climate and Disaster Response Plan and 941 submit the plan to the City for review and approval. Contractor shall make any City-requested 942 changes to the plan prior to final approval. 943 B. Disaster Response Protocol. The Parties shall develop and finalize a Disaster Response Protocol 944 prior to the Commencement Date that identifies specific communication and logistical actions, and 945 such other coordination between the Parties and internal to each Party such that Contractor 946 assistance can occur immediately following City declaration of an emergency. The protocol shall 947 become part of the Climate and Disaster Response Plan to be developed by the Parties as provided 948 in Section 4.15.A above. The Parties shall review the Protocol no less than annually and revise as 949 warranted. 950 C. Essential Service. Contractor acknowledges that it provides an essential service, and that while 951 provision of Collection service during or following a disaster may be affected by impacts to facilities, 952 equipment, and/or public infrastructure, Contractor is obligated to take all measures necessary to 953 provide such service in a timely and effective manner in compliance with this Agreement, Section 954 10.7 notwithstanding. 955 D. Availability of Contractor’s Personnel and Equipment. In event of a State of Emergency declared 956 by the City Manager or City Council, Contractor shall make available to the City the total amount of 957 resources (i.e. all equipment, vehicles, and/or personnel, including personnel time) used to perform 958 services under this Agreement as described in Section 4.2 through 4.9 that are necessary to deal 959 with the State of Emergency.  Contractor shall comply with the City’s determination for how to 960 allocate Contractor’s resources during a State of Emergency such that some or all of Contractor’s 961 resources may be redirected for emergency services outside the scope of Sections 4.2 through 4.9 962 of this Agreement. Contractor shall be compensated for such emergency services through 963 procedures set forth in subsection E below. For any resources directed towards the uninterrupted 964 Collection services provided to Customers in accordance with Section 4.2 through 4.9 of this 965 Agreement, Contractor shall receive compensation for Collection services provided through the 966 then current Rates paid by Customers receiving such uninterrupted Collection service. . 967 E.       Contractor Reimbursement for Use of Additional Resources. Should Contractor provide emergency 968 services utilizing resources made available to the City, pursuant to subsection D above, during a 969 declared State of Emergency, Contractor shall submit to City detailed records of specific, and 970 reasonable costs and expenses borne by Contractor in providing such emergency services . City shall 971 compensate Contractor for such documented, reasonable expenses for emergency services 972 provided pursuant to subsection D within ninety (90) days of receipt of State and/or Federal 973 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A