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EXHIBIT A
<br />DEFINITIONS
<br />July 15, 2024 Page A-9 Franchise Agreement, Exhibit A
<br />“Food Scraps” means those Discarded Materials that will decompose and/or putrefy including: (i) all
<br />kitchen and table food waste; (ii) animal or vegetable waste that is generated during or results from the
<br />storage, preparation, cooking, or handling of food stuffs; (iii) fruit waste, grain waste, dairy waste, meat,
<br />and fish waste; and, (iv) vegetable trimmings, houseplant trimmings, flowers, and other Compostable
<br />Organic Waste common to the occupancy of Residential dwellings or businesses involved in food
<br />production, preparation, or sales. The Parties agree that materials may be added to or subtracted from
<br />this list from time to time, by mutual consent. Contractor shall not add or subtract materials to or from
<br />this list without approval from the City Contract Manager, and such approval shall not be unreasonably
<br />withheld. Food Scraps are a subset of Organic Materials.
<br />“Franchise Fee” means the fee paid by Contractor to the City as described in Section 7.1.
<br />“Generator” means any Person whose act or process produces Discarded Materials, C&D Debris, or Bulky
<br />Items as defined in the Public Resources Code, or whose act first causes Discarded Materials, C&D Debris,
<br />or Bulky Items to become subject to regulation.
<br />“Gross Rate Revenues” means total Customer billings by the Contractor for the provision of services
<br />pursuant to this Agreement, without any deductions.
<br />“Gross Receipts” means total cash receipts collected from Customers by the Contractor for the provision
<br />of services pursuant to this Agreement, without any deductions. Gross Receipts do not include revenues
<br />from the sale of Recyclable Materials.
<br />“Hazardous Substance” means any of the following: (a) any substances defined, regulated or listed
<br />(directly or by reference) as “Hazardous Substances,” “Hazardous Materials,” “Hazardous Wastes,” “toxic
<br />waste,” “pollutant ” or “toxic substances,” or similarly identified as hazardous to human health or the
<br />environment, in or pursuant to: (i) the Comprehensive Environmental Response, Compensation and
<br />Liability Act (CERCLA) of 1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation
<br />Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; (iv)
<br />the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code §§25115-25117, 25249.8,
<br />25281, and 25316; (vi) the Clean Air Act, 42 USC §7901 et seq.; and, (vii) California Water Code §13050;
<br />(b) any amendments, rules, or regulations promulgated thereunder to such enumerated statutes or acts
<br />currently existing or hereafter enacted; and, (c) any other hazardous or toxic substance, material, chemical,
<br />waste, or pollutant identified as hazardous or toxic or regulated under any other Applicable Law, including,
<br />without limitation, friable asbestos, polychlorinated biphenyl’s (PCBs), petroleum, natural gas, and
<br />synthetic fuel products, and by-products.
<br />“Hazardous Waste” means any waste which meets the definitions set forth in 22 CCR Section 66261.3, et
<br />seq. and is required to be managed; or as otherwise defined in 14 CCR Section 17402(a)(7). Hazardous
<br />Waste includes hazardous wood waste.
<br />“Holidays” [ACI: Definition to be amended based on negotiations and final approval by City] are defined
<br />as New Year’s Day, Thanksgiving Day, and Christmas Day.
<br />“Household Battery(ies)” means Disposable or rechargeable dry cells (e.g., A, AA, AAA, B, C, D, 9-volt,
<br />button-type) commonly used as power sources for household or consumer products including, but not
<br />Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A
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