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July 2024 Page 11 City of San Leandro Post Collection through an Extended Producer Responsibility Program. The Contractor shall calculate and 379 demonstrate the dollar amount that can be attributed to services provided under this Agreement. 380 Any cost savings identified shall be remitted to the City as either a direct payment sent to the City 381 within thirty (30) Business Days of Contractor’s receipt of funds; or, as a reduction to the appropriate 382 Per-Ton-Rate(s) that are established in accordance with Article 8, at the City Manager’s sole 383 discretion. Contractor shall include copies of invoices or receipts submitted to or provided by the 384 applicable Stewardship Organization with its payment. 385 D. Recordkeeping. Contractor shall maintain all operational and financial records related to Extended 386 Producer Responsibility Programs, and report such information to the City in accordance with 387 Exhibit D or as otherwise requested by the City Contract Manager. 388 ARTICLE 4. 389 SCOPE OF SERVICES 390 Contractor shall perform the Post-Collection Services described in this Article 4. This Article 4 describes 391 the requirements for the services to be provided. More specific requirements for how each service shall 392 be provided for each material type are described in Exhibit G, Contractor’s Proposal. Failure to specifically 393 require an act necessary to perform the Post-Collection Services under this Agreement does not relieve 394 Contractor of its obligation to perform such act. 395 4.1 APPROVED FACILITIES 396 A. Use of Approved Facility(ies). Contractor shall Accept City Delivered Materials at the appropriate 397 Approved Facility(ies) for each material type and shall comply with all material delivery and 398 Acceptance procedures specified in this Agreement. 399 B. Use of Alternative Facilities. If Contractor is unable to use an Approved Facility due to reasons 400 beyond Contractor’s, or its Subcontractor’s, reasonable control, such as an emergency or sudden 401 and unforeseen closure of the facility, Contractor shall immediately notify the City Contract 402 Manager, and shall use the appropriate Alternative Facility(ies). Contractor shall continue to use 403 such Alternative Facility(ies) until the Approved Facility is reopened and the City Contract Manager 404 has approved recommencing use of such facility or until the City Contract Manager directs 405 Contractor to use another facility. During such time, to the extent feasible, Contractor shall continue 406 to comply with the requirements of Article 5. 407 If the need to use an Alternative Facility is discretionary or for reasons within Contractor’s, or its 408 Subcontractor’s, reasonable control, Contractor’s Compensation shall not be adjusted for any 409 change in Transportation, Transfer, Processing or Disposal costs associated with use of the 410 Alternative Facility. If the need to use the Alternative Facility results from reasons beyond 411 Contractor’s, or its Subcontractor’s, reasonable control, City shall adjust, either up or down, 412 Contractor’s Compensation for changes in Transportation, Transfer, Processing and/or Disposal 413 costs associated with use of the Alternative Facility. In the event that a change in the Approved 414 Facility(ies) results in increased costs, City may identify and direct Contractor to an Alternative 415 Facility that results in less cost than the Contractor-identified alternative. 416 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B