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July 2024 Page 48 City of San Leandro Post Collection pursuant to Section 8.3). Contractor shall notify the City in writing sixty (60) calendar days in 1711 advance of any request for increase in the Per-Ton Rate pursuant to this Section. 1712 D. Change in Scope. The City may require Contractor’s compliance with and participation in Extended 1713 Producer Responsibility Programs established by existing and/or future Applicable Law. The Parties 1714 shall mutually agree as to whether Contractor is reasonably suited, or required under Applicable 1715 Law, to participate in such an Extended Producer Responsibility Program. Upon agreement that 1716 Contractor is reasonably suited to participate in such an Extended Producer Responsibility Program, 1717 or if directed under Applicable Law, Contractor shall be required to implement such programs at 1718 the Approved Facility(ies), to the extent that doing so does not violate the permits of the subject 1719 Facility. Contractor and the City shall meet and confer to determine alternative options for 1720 consideration by the City if the Parties cannot come to agreement on Contractor’s suitability to 1721 participate in such programs. Prior to implementing any Extended Producer Responsibility Program, 1722 the Parties shall meet and confer to discuss any adjustments to Contractor’s compensation, the 1723 mechanism for receiving funds from the Extended Producer Responsibility Program’s administrator, 1724 and the allocation of such funds between the City and Contractor. Contractor shall be responsible 1725 for demonstrating all Contractor’s costs associated with implementation of the Extended Producer 1726 Responsibility Program to the City Contract Manger and/or the Extended Producer Responsibility 1727 Program’s administrator. Contractor shall not be entitled to an extraordinary rate adjustment under 1728 this Section for any costs that the Extended Producer Responsibility Program provides funding for. 1729 For example, if Contractor’s participation in an Extended Producer Responsibility Program for 1730 Mattresses is requested by City in accordance with Section 3.7, the Contractor may site a trailer at 1731 the Approved Transfer Station where mattresses could be deposited by Facility Users or staff and 1732 where the costs of the trailer, Transportation, and Disposition of materials are paid for by the 1733 Extended Producer Responsibility Program and Contractor’s sole obligation is to find a location for 1734 the trailer and to direct facility users and staff to use it properly. 1735 E. Change in Law. Except as provided in Section 3.7 and Section 5.3.C, the provisions of this Section 1736 8.4 shall only include Changes in Law after the Effective Date that: (1) were not reasonably known 1737 to the Contractor before the Effective Date; and, (2) the Contractor substantiates the cost impact 1738 to the reasonable satisfaction of the City Contract Manager. 1739 The Parties acknowledge that, as of the date of this Agreement, the State has passed legislation 1740 including, but not limited to, AB 1201, SB 54, SB 343, and the Advanced Clean Fleets Rule, where 1741 further regulatory requirements may be established. Contractor’s compliance with such regulations 1742 shall not warrant any increase to the Contractor’s compensation, except as provided in Section 3.7 1743 and Section 5.3.C. Contractor agrees to minimize the impact of the costs related to such rules and 1744 regulations prior to the final rules and regulations being promulgated, to ensure the greatest 1745 flexibility for compliance. Contractor specifically acknowledges that SB 54 is intended to provide 1746 cost relief and/or new revenue to local governments and their ratepayers, however the specific 1747 nature and mechanics of such compensation remains to be defined in final regulations. The City 1748 may initiate a special review of the Per-Ton Rates in order to maximize the value of such ratepayer 1749 relief, once defined in final regulations. The Contractor shall cooperate with the City in 1750 implementing the compensation mechanics and procedures specified under the final regulations. 1751 Such cooperation may include, but is not limited to, providing additional data, calculations, or 1752 records, meeting with the City and/or the applicable Stewardship Organization(s), and supporting 1753 with administrative activities that the City Contract Manager deems reasonably necessary to 1754 implement the regulations. 1755 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B