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July 2024 Page 18 City of San Leandro Post Collection the estimated number of days when no Storage Capacity will remain. Contractor and the City shall 662 meet and confer at the earliest mutually convenient opportunity to discuss the market conditions. 663 In such case Contractor shall have the burden of proving its good faith efforts to identify higher 664 value markets for the subject material and shall present to the City any information available to 665 Contractor about the status of primary and alternative markets for the material, pricing histories, 666 and any other information which may be helpful to the City in making a finding about the 667 Contractor’s need for relief. The City Contract Manager shall make a reasonable finding that a 668 significant change in pricing has or has not occurred, based on the information presented and any 669 other information available, within twenty (20) Business Days after the parties meet and confer or, 670 if sooner, before the date when no Storage Capacity remains. If the City reasonably determines that 671 a significant change in pricing has not occurred, Contractor or the Processing Subcontractor shall be 672 required to continue to market all materials as required under this Agreement. If the City reasonably 673 determines that a significant change in pricing has occurred, the City shall simultaneously either: 1) 674 authorize the Contractor or the Processing Subcontractor to send the materials to market at the 675 significantly reduced value and agree to compensate the Contractor for any amount, including 676 Transportation costs, that exceeds one hundred and fifty percent (150%) of the Disposal tipping fee; 677 or 2) identify an alternate, productive, non-disposal outlet for the subject material at a value, 678 including Transportation costs, less than one hundred and fifty percent (150%) of the Disposal 679 tipping fee. Contractor or the Processing Subcontractor shall follow the City’s direction if either of 680 those options is elected. If the City is unable to identify an outlet and unwilling to compensate 681 Contractor for the significant change in price, including Transportation costs, beyond one hundred 682 and fifty percent (150%) of the Disposal tipping fee, the City shall authorize Contractor or the 683 Processing Subcontractor to temporarily Dispose of the subject material. In such case, Contractor 684 and the City shall review the status of the markets at a frequency established by the City until such 685 time as the market demand returns or the City reasonably determines that the review process may 686 be discontinued. 687 Notwithstanding any other provision of this Section, Contractor or the Processing Subcontractor 688 shall not Dispose of any material prior to receiving written City authorization to do so and, as 689 necessary and appropriate under the circumstances, Contractor or the Processing Subcontractor 690 may also be required by the City to secure authorization from the ACWMA and/or CalRecycle and/or 691 other relevant regulatory entities. 692 In the event that the City authorizes Disposal of materials under this Agreement related to the 693 provisions of this section, Contractor or the Processing Subcontractor may only Dispose of materials 694 originating from the City in the same proportion as it Disposes of materials from other jurisdictions 695 using the same facility. For example, if the City’s materials represent thirty-three percent (33%) of 696 the materials processed at the facility, Contractor may only Dispose of one (1) ton of City materials 697 for every two (2) tons of other users’ materials that are Disposed. This provision is intended to 698 ensure that the City is treated equally in this regard with all other users of the facility. 699 4.6 PUBLIC EDUCATION AND OUTREACH 700 A. General. Contractor acknowledges that they are part of a multi-party effort to operate and educate 701 the public about the regional integrated waste management system. Contractor shall proactively 702 and on an ongoing basis cooperate with, and coordinate with, the City Contract Manager and 703 Collection Contractor on the design and expansion of the public education materials. The Contractor 704 shall have a supporting role in developing education materials used to educate City residents and 705 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B