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April 9, 2025 15 City of Pleasanton/GreenWaste Recovery, LLC <br />(2) Inclusion/deletion of additional Recyclable Materials to Exhibit D; 543 <br />(3) Inclusion/deletion of new Diversion programs; 544 <br />(4) Research, development, and implementation of innovative services, which may entail different 545 <br />Processing, and/or Diversion methods; 546 <br />(5) Research, development, and performance of pilot programs; 547 <br />(6) Modification of the manner in which Contractor performs existing Services; 548 <br />(7) Implementation of other program or service adjustments as may be determined; 549 <br />(8) Implementation of existing and new Extended Producer Responsibility programs, as provided in Section 550 <br />2.6; and, 551 <br />(9) Any change in services mandated by the City pursuant to the disaster waiver provision in Section 6.10.E. 552 <br />B. Within sixty (60) Days of the City’s written request under this Section, Contractor shall present a written 553 <br />proposal to perform the additional or modified Processing services or stop Processing some of the Recyclable 554 <br />Materials or performing some of the Diversion programs. At a minimum, the proposal shall contain a complete 555 <br />description of the following: 556 <br />(1) Changes to Processing and Diversion methodology to be employed (equipment, sorting stations, 557 <br />staffing requirements, etc.); 558 <br />(2) Changes in equipment to be used; 559 <br />(3) Changes in labor requirements (number of employees by classification; estimated hours per year per 560 <br />employee); 561 <br />(4) Changes to types of materials to be Processed and Diverted and estimated volumes per week and per 562 <br />year; and 563 <br />(5) Five-year projection of the financial results of the program's operations in a balance sheet and 564 <br />operating statement format, including documentation of the key assumptions underlying the 565 <br />projections and the support for those assumptions, giving full effect to the savings or costs to existing 566 <br />Services and revenues from Marketing of Recovered Materials. 567 <br />C. The City shall review Contractor’s proposal for the change in scope of services. The City may negotiate with 568 <br />Contractor to amend the Agreement to reflect the change in scope, or the City may choose not to negotiate 569 <br />with Contractor. The Parties will cooperate in good faith to amend the Agreement, as needed, to reflect the 570 <br />outcome of the City’s review of the proposal. 571 <br />D. Contractor shall not be compensated for the proposal preparation costs or costs incurred during the 572 <br />negotiation of its proposal for the change in scope. However, Contractor may seek a Special Recovered 573 <br />Materials Revenue Payment Adjustment review in the event the City agrees to the modification to the scope 574 <br />of Services in accordance with this Section. 575 <br />E. If the City chooses to negotiate with Contractor and Contractor and the City cannot agree on terms and 576 <br />conditions of such services within one hundred twenty (120) Days from the date when the City first requests 577 <br />a proposal from Contractor to perform such services, Contractor acknowledges and agrees that the City may 578 <br />        <br /> Docusign Envelope ID: B9D91F28-4A42-4ED7-9248-1A1839D4B6C9