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July 15, 2024 Page 39 City of San Leandro/ACI Franchise Agreement Manager for those matters to which they have been engaged. Such designates shall be afforded all of the 1546 rights and access granted thereto. In the event of a dispute between the City Contract Manager’s 1547 designate and Contractor, Contractor may only appeal to the City Contract Manager. 1548 In the event of dispute between the City Contract Manager and the Contractor regarding the 1549 interpretation of or the performance of services under this Agreement, the City Contract Manager’s 1550 determination shall be conclusive except where such determination results in a material impact to the 1551 Contractor’s revenue and/or cost of operations. In the event of a dispute between the City Contract 1552 Manager and the Contractor results in such material impact to the Contractor, the provisions of Section 1553 10.9 shall apply. For the purposes of this Section 5.9, “material impact” is an amount equal to or greater 1554 than fifty thousand dollars ($50,000) per year. 1555 City Contract Manager or their designate shall have the right to observe and review Contractor operations 1556 and enter Premises for the purposes of such observation and review, including review of Contractor’s 1557 records, during reasonable hours with reasonable notice. Contractor shall, under normal working 1558 conditions, allow access to such Premises after a period of not more than three (3) calendar days after 1559 receiving such a request. City Contract Manager shall be granted access to Contractor’s information 1560 systems and Customer service database in accordance with Section 4.9. 1561 5.9 ENVIRONMENTALLY PREFERRABLE PURCHASING 1562 Contractor shall adhere to the Environmentally Preferred Purchasing policy approved by the City and 1563 included in Exhibit I for all purchases made in conjunction with this Agreement. Contractor shall include a 1564 summary of their environmentally preferable purchasing activities in their Annual Report to City (e.g., 1565 volume of Recycled content paper purchased, Source Reduction strategies implemented during the year 1566 and the quantified results of that strategy). 1567 5.10 LOCAL PURCHASING PREFERENCE 1568 Contractor shall, throughout the Term of this Agreement, give preference to purchasing materials and 1569 supplies used in connection with this Agreement from local vendors within the County or State; and in 1570 that order of preference. At a minimum, upon mutual agreement with City, Contractor shall purchase the 1571 following items from vendors within the County: vehicle supplies (e.g., fuel, fluids, tires, parts that are 1572 available from vendors within the County); printing and publishing services for any and all public education 1573 and outreach materials (unless printing and publishing of outreach and education materials are elements 1574 of Contractor’s billings, such as newsletters and inserts included with bills); uniforms, safety clothing and 1575 equipment, and work boots; and office supplies. 1576 5.11 DIVERSION REQUIREMENTS 1577 Contractor shall perform services under this Agreement in a manner which supports achievement of City’s 1578 environmental goals. This includes, but is not limited to, providing services, education, and outreach to 1579 Customers and in the community which promote Source Reduction, reuse, Recycling, Composting, and 1580 other methods to reduce landfill Disposal. Contractor shall seek opportunities for Customers to reduce 1581 their Solid Waste subscription levels, increase their level of Recyclable Materials and Organic Materials 1582 service, and practice proper material separation. 1583 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A