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July 15, 2024 Page 3 City of San Leandro Post Collection 1.2 SCOPE LIMITATIONS AND EXCLUSIONS 73 The award of this Agreement shall not preclude the categories of Organic Materials, C&D Debris, and Solid 74 Waste listed below from being Collected by Persons other than the Collection Contractor and Accepted, 75 Transferred, Transported, Processed, or Disposed by Persons other than the Contractor, provided that 76 nothing in this Agreement is intended to or shall be construed to excuse any Person from obtaining any 77 authorization from the City, which is otherwise required by law: 78 A. Self-Hauled Materials. A Commercial business Owner or Resident may Dispose of Organic 79 Materials, Solid Waste, and C&D Debris generated in or on their own Premises with their own 80 vehicle so long as they are in compliance with the City’s Municipal Code. 81 B. Donated or Sold Materials. Any items which are Source Separated at any Premises by the Generator 82 and sold or donated to other Persons, including youth, civic, or charitable organizations. 83 C. Edible Food Recovery. Edible Food which is Collected from a Generator by other Person(s ) for the 84 purposes of food recovery; or which is Self-Hauled by the Generator to another Person(s) for the 85 purposes of food recovery, regardless of whether the Generator donates, sells, or pays a fee to the 86 other Person(s) to Collect or receive the edible food. Contractor shall cooperate with and shall not 87 impede, interfere, or attempt to impede or interfere with the implementation, expansion, or 88 operation of food recovery program efforts in the City. 89 D. Food Scraps for Animal Feed. Food Scraps that are separated by the Generator and used by the 90 Generator or distributed to other Person(s) for lawful use as animal feed, in accordance with 14 CCR 91 Section 18983.1(b)(7). Food Scraps intended for animal feed may be Self-Hauled by Generator or 92 hauled by another party. 93 E. Materials That Contractor Does Not Divert. Discarded Materials which the Collection Contractor 94 is not required to Collect for Diversion under the Collection Agreement as of the Effective Date of 95 this Agreement which subsequently, in the City’s reasonable judgment, become economically 96 feasible to Collect for Diversion. In such event, the City may provide for Collection, Processing, and 97 Diversion of such materials in any manner it deems appropriate. Such materials may include, but 98 not be limited to, Organic Materials which the Collection Contractor would otherwise Collect for 99 Disposal. 100 F. Beverage Containers. Containers delivered for Recycling under the California Beverage Container 101 Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code. 102 G. Materials Removed by Customer’s Contractor as Incidental Part of Services . Organic Materials, 103 Solid Waste, and C&D Debris removed from a Premises by a contractor (e.g., gardener, landscaper, 104 tree-trimming service, construction contractor, Residential clean-out service) as an incidental part 105 of the service being performed, rather than as a separately contracted or subcontracted hauling 106 service; or if such contractor is providing a service which is not included in the scope of this 107 Agreement or the Collection Agreement. 108 H. In-Place Composting. Organic Materials Composted or otherwise legally managed at the site where 109 it is generated (e.g., backyard Composting, on-site anaerobic digestion). 110 Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C