Complete_with_Docusign_San_Leandro_and_ACI_P

Home

July 2024 Page 10 City of San Leandro Post Collection 3.7 EXTENDED PRODUCER RESPONSIBILITY PROGRAMS 335 A. General. In addition to the services provided by the Contractor pursuant to existing Extended 336 Producer Responsibility Programs, including, but not limited to SB 54, the City and Contractor 337 acknowledge that additional or amended Extended Producer Responsibility Programs may be 338 established in the future. The City may request that the Contractor initiate or participate in an 339 Extended Producer Responsibility Program. In the event of such request, the Parties shall meet and 340 confer to discuss the scope of the Extended Producer Responsibility Program and to negotiate 341 proposed revisions to this Agreement and any changes in compensation or fees, if appropriate. 342 Contractor shall by default accept the City’s request to enact the Extended Producer Responsibility 343 Program, unless the Contractor can demonstrate barriers that would make providing such services 344 impracticable. Should Contractor demonstrate to the reasonable satisfaction of the City Contract 345 Manager that Contractor can operate the program itself and in such a manner that achieves the 346 minimum programmatic and regulatory requirements established by the Extended Producer 347 Responsibility program, Contractor may choose to enact the Extended Producer Responsibility 348 Program under its own direction. Contractor shall express any objections or concerns during the 349 meet and confer period and provide substantial evidence of such barriers in the Contractor’s 350 proposal, for further review by the City. 351 B. Extended Producer Responsibility Program Proposal. Upon sixty (60) Working Days of City’s written 352 request, Contractor shall provide a written proposal describing the Contractor’s approach to 353 implementing the Extended Producer Responsibility Program, including operational and cost 354 information. Contractor shall seek out and coordinate with the applicable Stewardship Organization 355 designated for this program and shall describe such partnership in its proposal. In its written 356 request, the City may describe specific information required to be included in the Contractor’s 357 proposal, as the City Contract Manager deems reasonably necessary in relation to the Extended 358 Producer Responsibility Program. The City shall review the proposal and may request additional 359 supporting documentation, calculations, or other information necessary to evaluate the 360 Contractor’s proposal for reasonableness and ability to comply with requirements of the Extended 361 Producer Responsibility Program. The City retains the right to negotiate with Contractor and amend 362 this Agreement to reflect changes in services, as needed, or may reject the proposal without further 363 negotiation. Contractor shall not be compensated for the proposal preparation costs or costs 364 incurred during the negotiation of its proposal. 365 If the City and the Contractor cannot agree on terms and conditions, including compensation and/or 366 Per-Ton Rate adjustments, of the Extended Producer Responsibility Program services within one 367 hundred twenty (120) calendar days from the date when the City receives a proposal from 368 Contractor to perform such services, Contractor acknowledges and agrees that the City may permit 369 other Persons besides Contractor to provide such services, as provided for in Section 1.2.N. Nothing 370 herein shall prevent the City from soliciting cost and operating information from other Persons in 371 order to inform the evaluation of the Contractor’s proposal. 372 At any time during the Term of this Agreement, the City may solicit proposals from other Persons 373 related to Extended Producer Responsibility Programs, as provided for in Section 1.2.N. 374 C. Funding Provided By Extended Producer Responsibility Programs. Contractor’s participation or 375 compliance with Extended Producer Responsibility Programs shall not warrant an increase to the 376 Contractor’s compensation, except as otherwise provided for in Section 8.4.D. Contractor shall 377 maintain records of all funding or other resources the Contractor receives directly or indirectly 378 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B