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July 2024 Page 31 City of San Leandro Post Collection compliance with this Agreement. Unless otherwise required in this Article, Contractor shall retain all 1204 records and data required to be maintained by this Agreement for the Term of this Agreement plus three 1205 (3) years after its expiration or earlier termination. Records and data shall be in chronological order and 1206 an organized form and readily and easily interpreted. Upon request, any such records shall be retrieved 1207 within ten (10) Working Days of a request by the City Contract Manager and made available to the City 1208 Contract Manager. Contractor shall maintain adequate record security to preserve records from events 1209 that can be reasonably anticipated such as a fire, theft, and an earthquake. Electronically-maintained data 1210 and records shall be protected and backed-up. To the extent that Contractor utilizes its computer systems 1211 to comply with record keeping and reporting requirements under this Agreement, Contractor shall, on a 1212 monthly basis, save all system-generated reports supporting those record keeping and reporting 1213 requirements in a static format in order to provide an audit trail for all data required. City shall have the 1214 right to inspect all documents upon which the representations contained in monthly and annual reports 1215 are based. 1216 City views its ability to defend itself against the Comprehensive Environmental Response, Compensation 1217 and Liability Act (CERCLA), and related litigation as a matter of great importance. For this reason, City 1218 regards its ability to prove where City Delivered Materials are taken for Transfer, Processing, or Disposal. 1219 Contractor shall maintain records which can establish where City Delivered Materials were Transferred, 1220 Processed, or Disposed. Additionally, the City finds it essential to accurately determine the origin of 1221 materials received at Approved Facilities to ensure the appropriate attribution and allocation of City 1222 Delivered Materials to the City and to track the final placement of Diverted Commodities at Responsible 1223 End Markets. Contractor shall maintain all necessary records and supporting documentation to accurately 1224 allocate the Tons of City Delivered Materials Diverted or Disposed and to prove City Delivered Materials 1225 are Recycled or Composted at Responsible End Markets. Contractor shall make such records related to 1226 the Person delivering the material, the origin of the material reported by that Person, and any other 1227 information required to reconcile Contractor’s reports available to the City Contract Manager without any 1228 requirement for confidentiality agreement or claim of proprietary/trade secret protection. This provision 1229 shall survive the expiration or earlier termination of this Agreement. Contractor shall maintain these 1230 records for a minimum of ten (10) years beyond expiration or earlier termination of the Agreement. 1231 Contractor shall provide these records to City (upon request or at the end of the record retention period) 1232 in an organized and indexed manner rather than destroying or Disposing of them. 1233 6.2 REPORT SUBMITTAL REQUIREMENTS 1234 Contractor shall submit monthly reports no later than fifteen (15) calendar days after the end of each 1235 month. Contractor shall submit annual reports no later than forty-five (45) calendar days after the end of 1236 each calendar year. Monthly and annual reports shall, at a minimum, include all data and information as 1237 described in Exhibit D. Additionally, upon request by the City, Contractor shall provide any data, described 1238 in Exhibit D, required to respond to requests by local, regional, or State agencies within five (5) Business 1239 Days. 1240 Contractor may propose report formats that are responsive to the objectives and audiences for each 1241 report. The format of each report shall be approved by the City Contract Manager, in their sole discretion. 1242 City Contract Manager may, from time to time during the Term, review and request changes to 1243 Contractor’s report formats and content and Contractor shall not unreasonably deny such requests. 1244 Contractor shall submit all reports to the City Contract Manager electronically via email using software 1245 acceptable to the City. 1246 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B