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July 15, 2024 Page 41 City of San Leandro/ACI Franchise Agreement compliance reports shall be in a format approved by the City. Contractor shall separately submit a 1624 Quarterly SB 1383 compliance report in a format approved by the City. 1625 ARTICLE 6. 1626 RECORD KEEPING AND REPORTING 1627 6.1 RECORD KEEPING 1628 Contractor shall maintain Customer contact data, Customer service, accounting, statistical, operational, 1629 and other records related to its performance as shall be necessary to provide reporting under this 1630 Agreement, Applicable Law, and to demonstrate compliance with this Agreement. Unless otherwise 1631 required in this Article, Contractor shall retain all records and data required to be maintained by this 1632 Agreement for the Term of this Agreement plus three (3) years after its expiration or earlier termination. 1633 Records and data shall be in chronological and organized form and readily and easily interpreted. Upon 1634 request, any such records shall be retrieved within ten (10) Working Days of a request by the City Contract 1635 Manager and made available to the City Contract Manager. Contractor shall maintain adequate record 1636 security to preserve records from events that can be reasonably anticipated such as a fire, theft, and an 1637 earthquake. Electronically-maintained data and records shall be protected and backed-up. To the extent 1638 that Contractor utilizes its computer systems to comply with record keeping and reporting requirements 1639 under this Agreement, Contractor shall, on a monthly basis, save all system-generated reports supporting 1640 those record keeping and reporting requirements in a static format in order to provide an audit trail for 1641 all data required. 1642 City views its ability to defend itself against Comprehensive Environmental Response, Compensation and 1643 Liability Act (CERCLA), and related litigation as a matter of great importance. For this reason, City regards 1644 its ability to prove where Collected Recyclable Materials, Organic Materials, C&D Debris, and Solid Waste 1645 are taken for Transfer, Processing, or Disposal. Contractor shall maintain records which can establish 1646 where Recyclable Materials, Organic Materials, C&D Debris, and Solid Waste Collected were Transferred, 1647 Processed, or Disposed. This provision shall survive the expiration or earlier termination of this 1648 Agreement. Contractor shall maintain these records for a minimum of ten (10) years beyond expiration 1649 or earlier termination of the Agreement. Contractor shall provide these records to City (upon request or 1650 at the end of the record retention period) in an organized and indexed manner rather than destroying or 1651 Disposing of them. 1652 6.2 REPORT SUBMITTAL REQUIREMENTS 1653 Contractor shall submit quarterly reports no later than fifteen (15) calendar days after the end of each 1654 calendar quarter. Contractor shall submit annual reports no later than forty-five (45) calendar days after 1655 the end of each calendar year. Quarterly and annual reports shall, at a minimum, include all data and 1656 information as described in Exhibit D. Additionally, upon request by the City, Contractor shall provide any 1657 data, described in Exhibit D, required to respond to requests by local, regional, or State agencies within 1658 five (5) Business Days. 1659 Contractor may propose report formats that are responsive to the objectives and audiences for each 1660 report. The format of each report shall be approved by the City Contract Manager, in their sole discretion. 1661 City Contract Manager may, from time to time during the Term, review and request changes to 1662 Contractor’s report formats and content and Contractor shall not unreasonably deny such requests. 1663 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A