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July 2024 Page 12 City of San Leandro Post Collection Except as provided for in the following paragraph and for the conditions described in this Section, 417 Contractor shall not change its selection of the Approved Facility(ies) without City’s written 418 approval, which may be withheld in the City’s sole discretion. If Contractor elects to use a facility 419 that is different than the initial Approved Facility(ies), it shall request written approval from the City 420 Contract Manager sixty (60) calendar days prior to use of the site and obtain City’s written approval 421 no later than ten (10) calendar days prior to use of the site. City’s approval may be conditioned on 422 such facility’s ability to guarantee sufficient Transfer, Processing, or Disposal capacity to the City for 423 the Term of this Agreement, and the status of such facility’s permits. 424 Should, under the conditions described in this Section, the Alternative Recyclable Materials 425 Processing Facility be unable to accept the volume of Recyclable Materials requiring Transfer by the 426 Contractor, then Contractor shall have discretion to utilize any fully permitted Recyclables 427 Processing facility within an eighty (80) mile radius of the City for a period not to exceed two 428 calendar weeks from the date in which the Approved Recyclable Materials Processing Facility first 429 becomes unable to Accept City Delivered Materials. In such event, Contractor shall notify the City 430 of the Tons of material Transferred and to which Processing Facility they are Transferred within one 431 business day. 432 Contractor is solely responsible for ensuring continued availability of City-approved Alternative 433 Facility(ies) throughout the Term. 434 C. Secondary Processing. Contractor may use the Secondary Processing Facilities listed in Exhibit G5. 435 Should Contractor wish to utilize a Secondary Processing Facility to perform services under this 436 Agreement that is not listed in Exhibit G5, Contractor shall request approval from the City Contract 437 Manager. Contractor shall provide any requested records, documentation, or other information 438 that the City considers reasonable to evaluate the impact on Post-Collection Services of the 439 proposed Secondary Processing Facility. In particular, the City may not approve a facility on the basis 440 of any number of factors including distance from the City, demonstrated performance of the facility, 441 regulatory and litigation history of the facility, operating track record of the facility, cost of using 442 the facility, consistency of the facility with City, County, or State policy, or any other factor relevant 443 to the City Contract Manager. Contractor shall not commence use of the proposed Secondary 444 Processing Facility without written approval from the City. Contractor shall document use of all 445 Secondary Processing Facilities in accordance with Exhibit D.3.8 and D.3.9. 446 4.2 TRANSFER AND TRANSPORT 447 A. General. Contractor shall Accept City Delivered Materials at the Approved Transfer Facility, load 448 such material into large-capacity Transfer vehicles, and Transport the City Delivered Materials to 449 the Approved Facility for each material type. All costs associated with Transporting City Delivered 450 Materials from the Approved Transfer Facility to the Approved Processing or Disposal Facility shall 451 be paid by Contractor. Contractor shall operate the Approved Transfer Facility in accordance with 452 Applicable Law and all standards of performance described in Article 5. Contractor shall Transfer 453 and Transport the following materials: 454 1. Solid Waste shall be Transferred and Transported to the Approved Disposal Facility 455 2. Commercial Organic Materials shall be Transferred and Transported to the Approved 456 Commercial Organics Processing Facility. 457 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B