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July 2024 Page 28 City of San Leandro Post Collection Contractor’s then-current assessment of: i) the potential for regulatory or statutory relief from the 1085 requirements of the Advanced Clean Fleets Rule; ii) the technical feasibility of using the proposed 1086 equipment including the adequacy of that equipment for the type, size, terrain, and weather 1087 conditions experienced by that vehicle in its operations; iii) the cost effectiveness of this 1088 specification as demonstrated by at least three vendor quotes/bids for similarly specified 1089 equipment; iv) a statement of Contractor’s expansion of service into a new market area and the 1090 implications of the Advanced Clean Fleets Rule’s common ownership provisions; and v) Contractor’s 1091 proposed changes to vehicle maintenance, fuel, utilities, depreciation, and interest expense and/or 1092 schedule resulting from the purchase, relative to the initial plan and financial forecast approved by 1093 the City. The City Contract Manager shall have fifteen (15) days to respond to Contractor’s notice of 1094 intended fleet/equipment purchase with either an approval of the purchase or with specific 1095 reasonable concerns and/or objections. In the event that the City Contract Manager agrees with the 1096 purchase, the changes in vehicle maintenance, fuel, utilities, depreciation, and interest expense 1097 shall take effect in the rate application immediately following Contractor’s receipt of the vehicle(s) 1098 and/or equipment, prorated to the first day of the month following the date such vehicle(s) and/or 1099 equipment were placed into service. In the event that City Contract Manager objects to a purchase 1100 or the allocation of its costs to the City, Contractor and the City Contract Manager shall meet and 1101 confer within fifteen (15) days of City Contract Manager’s response to Contractor. In the event that 1102 the Parties are unable to resolve the matter, the Parties shall submit the specific unresolved issue(s) 1103 for consideration by an independent third-party fleet expert whose decision shall be binding on the 1104 Parties. The independent third-party expert shall be one of the third party experts identified and 1105 agreed to by the Parties prior to the execution date of this Agreement or mutually agreed upon by 1106 the Parties, the work shall be directed jointly by the Parties, and the cost of their review and 1107 recommendation shall be shared equally by the City and Contractor. 1108 Contractor’s fleet shall include all vehicles listed in Exhibit G. Changes or substitutes of vehicles by 1109 service type from those specified herein shall be subject to approval from the City Contract 1110 Manager. 1111 D. Reporting. Contractor shall furnish the City a written (electronic) inventory of all vehicles, including 1112 Transfer vehicles, used in providing Post-Collection Services, and shall update the inventory report 1113 annually in accordance with Exhibit D. The inventory shall list all vehicles by manufacturer, model 1114 year, vehicle mileage, ID number, date of acquisition, anticipated replacement date, fuel type, 1115 capacity, and decibel rating. 1116 E. Parking and Maintenance of Transfer Vehicles. Transfer vehicles containing City Delivered 1117 Materials shall be parked in areas that prevent liquids that have come into contact with or resulted 1118 from the materials in the Transfer vehicles from entering the stormwater system. In addition, 1119 Contractor shall use due care generally to prevent liquids that have come into contact with or 1120 resulted from the materials in the Transfer vehicle from entering the stormwater system. 1121 F. Segregation of Materials for Transportation. Contractor and its Subcontractors shall maintain the 1122 segregation of all Recyclable Materials, Organic Materials, C&D Debris, Solid Waste, and disaster 1123 debris that have been delivered to the Approved Transfer Facility(ies) from one another and other 1124 materials and shall separately Transport such materials to the applicable Approved Facility(ies) 1125 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B