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EXHIBIT A
<br />DEFINITIONS
<br />July 15, 2024 Page A-1 Franchise Agreement, Exhibit A
<br />For purposes of this Agreement, unless a different meaning is clearly required, the following words and
<br />phrases shall have the following meanings respectively ascribed to them by this Exhibit and shall be
<br />capitalized throughout this Agreement:
<br />“AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying
<br />Division 30 of the California Public Resources Code), also commonly referred to as "AB 1826," as amended,
<br />supplemented, superseded, and replaced from time to time.
<br />“AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statues of 2011 [Chesbro, AB
<br />341]), also commonly referred to as “AB 341”, as amended, supplemented, superseded, and replaced from
<br />time to time.
<br />“AB 939” means the California Integrated Waste Management Act of 1989 (Division 30 of the California
<br />Public Resources Code), also commonly referred to as "AB 939," as amended, supplemented, superseded,
<br />and replaced from time to time.
<br />“ACWMA” means the Alameda County Waste Management Authority.
<br />“Advanced Clean Fleet (ACF) Rule” means the California Code of Regulations, Title 13, Sections 2013,
<br />2013.1, 2013.2, 2013.3, 2013.4, 2014,2014.1, 2014.2, 2014.3, 2015, 2015.1, 2015.2, 2015.3, 2015.4,
<br />2015.5, 2015.6, and 2016 of the Public Resources Code, as it may be amended supplemented, superseded,
<br />and replaced, and as implemented by the regulations of the California Air Resources Board (CARB).
<br />“Affiliate” means all businesses (including corporations, limited and general partnerships, and sole
<br />proprietorships) which are directly or indirectly related to Contractor by virtue of direct or indirect
<br />Ownership interest or common management. They shall be deemed to be "Affiliated with" Contractor
<br />and included within the term "Affiliates" as used herein. An Affiliate shall include: (i) a business in which
<br />Contractor has a direct or indirect Ownership interest, (ii) a business, which has a direct or indirect
<br />Ownership interest in Contractor, and/or, (iii) a business, which is also Owned, controlled, or managed by
<br />any business or individual which has a direct or indirect Ownership interest in Contractor. For the purposes
<br />of this definition, “Ownership” means ownership as defined in the constructive ownership provisions of
<br />Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date here, provided that ten
<br />percent (10%) shall be substituted for fifty percent (50%) in Section 318(a)(2)(C) and in Section 318(a)(3)(C)
<br />thereof; and Section 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this
<br />paragraph and constructive or indirect ownership under Section 318(a), ownership interest of less than
<br />ten percent (10%) shall be disregarded and percentage interests shall be determined on the basis of the
<br />percentage of voting interest of value which the ownership interest represents.
<br />“Agreement” means this Agreement between City and Contractor, including all exhibits, and any future
<br />amendments hereto.
<br />“Alameda County Waste Management Authority” or “ACWMA” means the public agency formed in 1976
<br />by a Joint Exercise of Powers Agreement among the County of Alameda, each of the fourteen (14) cities in
<br />the County, and two (2) sanitary districts that receive refuse and Recycling Collection services. ACWMA
<br />includes agencies governed by the ACWMA such as StopWaste.
<br />Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A
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