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July 15, 2024 Page 4 City of San Leandro Post Collection I. Animal, Grease Waste, and Used Cooking Oil. Animal waste and remains from slaughterhouse or 111 butcher shops, grease, or used cooking oil. 112 J. Sewage Treatment By-Product. By-products of sewage treatment, including sludge, sludge ash, 113 grit, and screenings. 114 K. Excluded Waste. Excluded Waste regardless of its source. 115 L. Materials Generated by State and County Facilities. Materials generated by State and County 116 facilities located in the City provided that the Generator self-hauls, has arranged services with other 117 Persons, or has arranged services with the Contractor through a separate agreement. 118 M. Climate and Disaster Resiliency Debris. Debris generated as result of a wartime, natural, physical, 119 or other disaster that the Collection Contractor is unable to Collect and or Contractor is unable to 120 Process or Dispose within a reasonable timeframe as determined by the City or that the City directs 121 the Collection Contractor or Contractor to not Collect, Process, or Dispose in accordance with 122 Section 4.7 of this Agreement and in accordance with the Collection Agreement. City reserves the 123 right to enter into a third-party agreement to provide disaster debris Collection and Post-Collection 124 services that augment those provided by the Contractor or Collection Contractor. 125 N. Extended Producer Responsibility Programs. If an Extended Producer Responsibility Program 126 requires special handling or unique Processing services that are not currently provided by 127 Contractor, and Contractor is unable or unwilling to provide such required handling or services, 128 then, subject to the provisions of the Collection Agreement and Section 3.5, Section 3.7, and Section 129 8.4 of this Agreement), other Persons may Accept, Transfer, Transport, Process, Divert and/or 130 Dispose of such Organic Materials. 131 Contractor acknowledges and agrees that the City may permit other Persons besides the Contractor to 132 Accept, Transfer, Transport, Process, or Dispose of any and all types of materials excluded from the scope 133 of this Agreement, as set forth above, without seeking or obtaining approval of Contractor. If Contractor 134 can produce evidence that other Persons are providing Post-Collection Services in a manner that is not 135 consistent with this Agreement or the City’s Code, it shall report the location, name , and phone number 136 of the Person or company to the City’s Contract Manager along with Contractor’s evidence. In such case, 137 City may notify the Person providing service in violation of Contractor’s rights under this Agreement, and 138 Contractor shall have the right to take legal action to enforce its rights under this Agreement. 139 1.3 OBLIGATIONS OF PARTIES 140 In addition to the specific performance required under the Agreement, City and Contractor shall: 141 A. Provide timely notice to one another of a perceived failure to perform any obligations under this 142 Agreement and access to information demonstrating the Party’s failure to perform. 143 B. Provide timely access to the City Contract Manager and the Contractor’s designated representative, 144 and provide complete and timely responses to requests of the other Party. 145 C. Provide timely notice of matters that may affect either Party’s ability to perform under the 146 Agreement. 147 Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C