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April 1, 2025 15 City of Pleasanton/GreenWaste Recovery, LLC (2) Inclusion/deletion of additional Recyclable Materials to Exhibit D; 543 (3) Inclusion/deletion of new Diversion programs; 544 (4) Research, development, and implementation of innovative services, which may entail different 545 Processing, and/or Diversion methods; 546 (5) Research, development, and performance of pilot programs; 547 (6) Modification of the manner in which Contractor performs existing Services; 548 (7) Implementation of other program or service adjustments as may be determined; 549 (8) Implementation of existing and new Extended Producer Responsibility programs, as provided in Section 550 2.6; and, 551 (9) Any change in services mandated by the City pursuant to the disaster waiver provision in Section 6.10.E. 552 B. Within sixty (60) Days of the City’s written request under this Section, Contractor shall present a written 553 proposal to perform the additional or modified Processing services or stop Processing some of the Recyclable 554 Materials or performing some of the Diversion programs. At a minimum, the proposal shall contain a complete 555 description of the following: 556 (1) Changes to Processing and Diversion methodology to be employed (equipment, sorting stations, 557 staffing requirements, etc.); 558 (2) Changes in equipment to be used; 559 (3) Changes in labor requirements (number of employees by classification; estimated hours per year per 560 employee); 561 (4) Changes to types of materials to be Processed and Diverted and estimated volumes per week and per 562 year; and 563 (5) Five-year projection of the financial results of the program's operations in a balance sheet and 564 operating statement format, including documentation of the key assumptions underlying the 565 projections and the support for those assumptions, giving full effect to the savings or costs to existing 566 Services and revenues from Marketing of Recovered Materials. 567 C. The City shall review Contractor’s proposal for the change in scope of services. The City may negotiate with 568 Contractor to amend the Agreement to reflect the change in scope, or the City may choose not to negotiate 569 with Contractor. The Parties will cooperate in good faith to amend the Agreement, as needed, to reflect the 570 outcome of the City’s review of the proposal. 571 D. Contractor shall not be compensated for the proposal preparation costs or costs incurred during the 572 negotiation of its proposal for the change in scope. However, Contractor may seek a Special Recovered 573 Materials Revenue Payment Adjustment review in the event the City agrees to the modification to the scope 574 of Services in accordance with this Section. 575 E. If the City chooses to negotiate with Contractor and Contractor and the City cannot agree on terms and 576 conditions of such services within one hundred twenty (120) Days from the date when the City first requests 577 a proposal from Contractor to perform such services, Contractor acknowledges and agrees that the City may 578 Page 90 of 223