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July 2024 Page 8 City of San Leandro Post Collection 3.5 CITY-DIRECTED CHANGES TO SCOPE 256 A. General. City may direct Contractor to perform additional services (including, but not limited to, the 257 performance of additional Diversion activities and/or the use of facilities other than Approved 258 Facilities) or the Contractor may propose additional services. Per-Ton Rates will be increased or 259 decreased, in accordance with this Section, to give effect to these adjustments. Contractor shall not 260 implement any proposed service changes or additional services without the written approval of the 261 City. 262 At any time during the Term of this Agreement, the City may solicit proposals from other Persons 263 for services not contemplated under this Agreement. In the event that contracting with other 264 Persons for such services will reduce Contractor’s Compensation under this Agreement, as 265 described in Article 8, the Contractor shall be offered the opportunity to match any other Person’s 266 proposed pricing and retain the added scope of services. However, nothing in this Agreement shall 267 prevent the City from contracting with other Persons in the event that Contractor is unable or 268 unwilling to provide such services at or below the cost proposed by the other Person. 269 B. Proposal for Modification of Services. Within thirty (30) Working Days of City request for a proposal 270 or at any time Contractor chooses to propose additional services, Contractor shall present its 271 proposal to modify existing Post-Collection Services, unless an alternate schedule is mutually 272 agreed-upon. A written proposal, at a minimum, shall contain a completed description of the 273 following: 274 1. Methodology to be employed (changes to equipment, labor needs, staffing, etc.) 275 2. Equipment to be utilized (equipment number, types, capacity, age, etc.) 276 3. Labor requirements (changes in number of employees by classification) 277 4. Provision for program publicity, education, or marketing (if appropriate) 278 5. Estimate of the impact of the service modification (increased Diversion Tonnage, reduced 279 costs, increased public service, etc.) 280 6. Five- (5-) year projection of the financial results of the program’s operations in a balance sheet 281 and operating statement format including documentation of the key assumption underlying 282 the projections and the support for those assumptions, giving full effect to the savings or costs 283 to existing Post-Collection Services. 284 C. City’s Review. If the City does not review, comment, and approve or disapprove of the modification 285 to the scope of services within ninety (90) Business Days of receiving the Contractor’s Proposal, the 286 proposal will be deemed disapproved. The City and Contractor may mutually agree to extend the 287 time period for review due to the complexity of the scope of service modification under 288 consideration, the time needed for the review or approval, or for other reasonable reasons. 289 If the City and Contractor are unable to agree on terms and conditions, including compensation 290 adjustments, of such services within ninety (90) Business Days from City receipt of Contractor’s 291 Proposal for such services, the City may permit other Persons to provide such services, provided 292 that such services do not conflict with the exclusivity granted to the Contractor under Section 1.1. 293 Nothing herein shall prevent the City from soliciting cost and operating information from other 294 Persons in order to inform the City’s evaluation of Contractor’s Proposal. 295 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B