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<br />April 1, 2025 44 City of Pleasanton/GreenWaste Recovery, LLC <br />The granting of any change in scope shall be contingent upon the City’s written approval and establishment of a new 1693 <br />per-Ton Tipping Fees, if appropriate. The City Council shall approve the per-Ton Tipping Fees adjustment, in good 1694 <br />faith, so that the change in scope and the corresponding per-Ton Tipping Fees become effective on the same date. 1695 <br />ARTICLE 9 1696 <br />RECORD KEEPING AND REPORTING 1697 <br />9.1 General Record Keeping Provisions 1698 <br />Contractor shall maintain, in its principal office, such accounting, statistical, and other records required to conduct 1699 <br />its operations, to support requests it may make to the City, to respond to requests from the City, and as shall be 1700 <br />necessary to develop the financial statements and other reports required by this Agreement. Adequate record 1701 <br />security shall be maintained to preserve records from events that can be reasonably anticipated such as a fire, theft, 1702 <br />and earthquake. Electronically maintained data/records shall be protected and a second copy of data/records shall 1703 <br />be saved to a protected source, such as a combination of off-site and cloud-based backup with the ability to restore 1704 <br />complete functionality within twenty-four (24) hours, or a hot fail-over database configuration. 1705 <br />Contractor and/or its Affiliates shall account for revenues received and expenses incurred as a result of this 1706 <br />Agreement separately from the accounting for other operations performed by Contractor or its Affiliates. 1707 <br />9.2 Review and Inspection 1708 <br />Any record or report that is specifically required by this Agreement shall not be considered proprietary, confidential, 1709 <br />or trade secret. Contractor agrees to provide or make available its non -confidential, non-privileged, required, 1710 <br />relevant records of Contractor and its Affiliates conducting Services, as it pertains to this Agreement, to the City and 1711 <br />the City’s official representatives for review during normal business hours. During the Term of this Agreement, and 1712 <br />no more than once annually, the City, its auditors, and other agents, shall have the right, during normal business 1713 <br />hours, to request inspections of the records related to the Services of Contractor and to receive copies of any 1714 <br />documents relevant to this Agreement. In the event the custodian of such records and systems is not on the premises 1715 <br />at the time of inspection, Contractor shall not be in breach of this Agreement, the City shall then give written notice 1716 <br />to Contractor requesting access to the records, and Contractor shall make arrangements to allow for inspection 1717 <br />within three (3) Business Days of such notice. The City’s right to inspection of records under this paragraph shall 1718 <br />continue for five (5) years after the expiration or early termination of this Agreement. However, after expiration or 1719 <br />early termination of this Agreement, the City shall provide Contractor with a written request to inspect records and 1720 <br />Contractor shall make records available for inspection within two (2) weeks of such request. 1721 <br />9.3 Retention of Records 1722 <br />Unless otherwise herein required, Contractor shall retain all records and data required by this Agreement for five (5) 1723 <br />years after the expiration or early termination of this Agreement. 1724 <br />9.4 Other Information Requirements 1725 <br />Contractor agrees to conduct data collection and other reporting activities as needed to comply with Federal, State, 1726 <br />Alameda County, and local laws and regulations, and the requirements of this Agreement. To the extent such 1727 <br />requirements are set out in this and other Articles of this Agreement, they shall not be considered limiting or 1728 <br />necessarily complete. 1729