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EXHIBIT A
<br />DEFINITIONS
<br />July 15, 2024 Page A-5 Franchise Agreement, Exhibit A
<br />“Construction and Demolition Debris” or “C&D” includes discarded building materials, packaging, debris,
<br />and rubble resulting from construction, alteration, remodeling, repair, or demolition operations on any
<br />pavements, excavation projects, houses, Commercial buildings, or other structures, excluding Excluded
<br />Waste. Construction and Demolition Debris includes rocks, soils, tree remains and other Yard Trimmings
<br />which results from land clearing or land development operations in preparation for construction.
<br />“Container(s)” mean Bins, Carts, Compactors, Drop Boxes , Public Litter Containers provided however, that
<br />Contractor shall not be required to provide Compactors to Customers, but shall be required to provide
<br />Collection service to Customer-provided Compactors, provided that such Customer-provided Compactors
<br />are compatible with Contractor’s existing Collection equipment and processes.
<br />“Contractor” means Alameda County Industries, Inc., a sub -chapter S corporation organized and operating
<br />under the laws of the State through its officers, directors, employees, agents, companies, Affiliates,
<br />subsidiaries, and Subcontractors.
<br />“Contractor’s Compensation” means the monetary compensation received by Contractor in return for
<br />providing services in accordance with this Agreement as described in Article 8.
<br />“Contractor’s Proposal” means the proposal submitted to City by Contractor on October 27, 2023 for
<br />provision of Recyclable Materials, Organic Materials, C&D Debris, and Solid Waste Collection services and
<br />certain supplemental written materials, which are included as Exhibit G to this Agreement and are
<br />incorporated by reference.
<br />“County” means the County of Alameda, California.
<br />“Courtesy Collection” means events wherein the Contractor Collects Discarded Materials, subject to the
<br />provisions of Section 5.3 that have been improperly placed for Collection, leaves a Courtesy Notice, and
<br />does not charge the City-approved Rate associated with the improper set-out.
<br />“Courtesy Notice” means a form developed by Contractor and provided at Contractor’s cost at least two
<br />inches (2”) by six inches (6”) in size, on which Contractor has provided Contractor’s phone number and
<br />indicated the ways in which a Customer has failed to comply with proper Discarded Materials set-out
<br />procedures, giving reference to the basis for the violation, which is left by Contractor at a Customer’s
<br />Premises to indicate that their improperly set-out Discarded Materials were Collected as a courtesy
<br />(defined above as a Courtesy Collection), but may be subject to non-Collection in the future.
<br />“Criminal Activity” means any of the following events or circumstances:
<br />A. Convictions. The approval of a plea of nolo contendere or the entry against Contractor or any of its
<br />employees of a criminal conviction or a permanent mandatory or prohibitory injunction from a
<br />court, municipality, or regulatory agency of competent jurisdiction, based, in the case of any of
<br />Contractor’s employees, on acts taken in their official capacity on behalf of Contractor with respect
<br />to:
<br />1. Fraud or criminal offense in connection with obtaining, attempting to obtain, procuring, or
<br />performing a public or private agreement;
<br />Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A
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