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July 15, 2024 Page 2 City of San Leandro/ACI Franchise Agreement WHEREAS, the City further declares its intent to approve and maintain reasonable Rates for the Collection 35 of Recyclable Materials, Organic Materials, and Solid Waste; and 36 WHEREAS, the City desires, having determined that Contractor, by demonstrated experience, reputation, 37 and capacity, is qualified to provide for both the Collection of Recyclable Materials, Organic Materials, and 38 Solid Waste within the corporate limits of the City and the Transportation of such material to appropriate 39 places of Processing, Recycling, Composting, and/or Disposal, that Contractor be engaged to perform such 40 services on the basis set forth in this Agreement; and 41 WHEREAS, the City and Contractor have attempted to address conditions affecting their performance of 42 services under this Agreement but recognize that reasonably unanticipated conditions may occur during 43 the Term of this Agreement that will require the Parties to meet and confer to reasonably respond to such 44 changed conditions; and 45 WHEREAS, under Municipal Code Section 3-6-300 the City may enter into a contract for the Collection of 46 all refuse in and from the City and the collection of Rates therefore, and the City Council is authorized to 47 enter into such contract with any terms it deems necessary to protect the best interests of the City. 48 NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained in this 49 Agreement and for other good and valuable consideration, the Parties agree as follows: 50 ARTICLE 1. 51 GRANT AND ACCEPTANCE OF FRANCHISE 52 1.1 GRANT AND ACCEPTANCE OF FRANCHISE 53 By the signing of this Agreement, the City grants to Contractor and Contractor accepts an exclusive 54 franchise within the City Service Area. The franchise granted to Contractor shall be for the scope of 55 services described in this Agreement, subject to the limitations described in Section 1.2 and except where 56 otherwise precluded by Federal, State, and local laws and regulations. 57 1.2 LIMITATIONS TO THE FRANCHISE 58 The award of this Agreement shall not preclude the categories of Recyclable Materials, Organic Materials, 59 C&D Debris, and Solid Waste listed below from being delivered to and Collected and Transported by 60 others, provided that nothing in this Agreement is intended to or shall be construed to excuse any Person 61 from obtaining any authorization from the City, which is otherwise required by law: 62 A. Self-Hauled Materials. A Commercial business Owner or Resident may Dispose of Recyclable 63 Materials, Organic Materials, Solid Waste, and C&D Debris generated in or on their own Premises 64 with their own vehicle and their own employees so long as they are in compliance with the City’s 65 Municipal Code. 66 B. Donated or Sold Materials. Any items which are Source Separated at any Premises by the 67 Generator and sold or donated to other Persons, including youth, civic, or charitable organizations. 68 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A