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July 2024 Page 9 City of San Leandro Post Collection The City may request the assistance of an independent third party to review the proposal. 296 Contractor shall pay the reasonable costs of that review if the modification to the scope of Post-297 Collection Services is initiated by the Contractor. City shall pay those costs if the modification to the 298 scope of Post-Collection Services is initiated by the City. The cost of that review will be estimated in 299 advance of the work and provided to the Contractor for comment and agreement to pay. 300 Contractor’s refusal to pay the reasonable cost of review of a Contractor-initiated proposal shall be 301 grounds for City rejection of that proposal. 302 Contractor shall promptly provide operating and business records requested by City that are 303 reasonably required to verify the reasonableness and accuracy of the impacts associated with a 304 modification to the scope of Post-Collection Services. Contractor shall fully cooperate with City’s 305 request and provide City and its agent(s) copies of or access to Contractor’s records. 306 If Contractor and City cannot agree on terms and conditions of services within thirty (30) Business 307 Days of the end of City’s review period described in this subsection, City may permit Persons other 308 than Contractor to provide those services at a location other than the Approved Facility. 309 D. Approval of Modification to Scope of Services. Upon City approval or determination, City shall issue 310 a written notice approving the modification to the scope of service and documenting any change to 311 the Per-Ton Rates, and approved change to Contractor’s obligations under this Agreement. The 312 Parties shall prepare a written amendment to the Agreement documenting any and all changes 313 resulting from the modification to the scope of services. No adjustment in Per-Ton Rates, change in 314 Contractor’s obligations, or change in scope of Post-Collection Services shall become effective 315 absent that City approval or determination. 316 3.6 NO TONNAGE OBLIGATION OR LIMIT ON WASTE PREVENTION 317 Neither City nor the Collection Contractor is obligated to deliver any specified quantity of City Delivered 318 Materials to the Approved Facility(ies). 319 The City maintains programs to reduce the amount of waste intended for Disposal. It is the City’s intent 320 to continue to improve, develop, and enhance existing programs as well as to implement new programs 321 and services throughout the Term as it deems necessary to meet or exceed mandated Diversion program 322 requirements and goals established by AB 939 and subsequent Federal, State, County, or local legislation 323 including, but not limited to, the State’s seventy-five percent (75%) Recycling goal established in AB 341, 324 the programmatic requirements of AB 1826, the requirements of SB 1383, the requirements of SB 54, and 325 the Diversion requirements under CALGreen. Contractor acknowledges that the characterization and 326 quantity of City Delivered Materials that are delivered to the Approved Facility(ies) will change over the 327 Term and may, over time, be significantly different than that as of the Commencement Date of the 328 Agreement, but the obligation of Contractor to Accept the City Delivered Materials will continue for the 329 Term of the Agreement so long as it conforms to the definitions and requirements of this Agreement. 330 Nothing in this Agreement shall, in any manner, prevent, penalize, or impede the City from continuing 331 programs, altering programs, or developing new programs that have the effect of reducing or increasing 332 the amount of City Delivered Materials Collected and delivered to the Approved Facility(ies) by the 333 Collection Contractor. 334 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B