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July 15, 2024 Page 3 City of San Leandro/ACI Franchise Agreement C. Edible Food Recovery. Edible Food which is Collected from a Generator by other Person(s), such 69 as a Person from a Food Recovery Organization or Food Recovery Service, for the purposes of 70 Food Recovery; or which is Self-Hauled by the Generator to another Person(s), such as a Person 71 from a Food Recovery Organization, for the purposes of Food Recovery, regardless of whether the 72 Generator donates, sells, or pays a fee to the other Person(s) to Collect or receive the Edible Food. 73 Contractor shall cooperate with and shall not impede, interfere, or attempt to impede or interfere 74 with the implementation, expansion, or operation of Food Recovery program efforts in the City. 75 D. Food Scraps for Animal Feed. Food Scraps that are separated by the Generator and used by the 76 Generator or distributed to other Person(s) for lawful use as animal feed, in accordance with 14 CCR 77 Section 18983.1(b)(7). Food Scraps intended for animal feed may be Self-Hauled by Generator or 78 hauled by another party. 79 E. Materials That Contractor Does Not Divert. Discarded Materials which the Contractor is not 80 required to Collect for Diversion under this Agreement as of the Effective Date of this Agreement 81 which subsequently, in the City’s reasonable judgment, become economically feasible to Collect for 82 Diversion. In such event, Contractor shall have the first and exclusive right to Collect such materials 83 if Contractor agrees to do so without any change in Rates, provided that such materials can be 84 collected in existing Containers, or at new mutually agreeable Rates determined in accordance with 85 Section 3.5 if such materials must be collected in new or additional Containers. If Contractor is 86 unwilling to Collect such new materials for Diversion at existing Rates or the Parties cannot agree 87 on mutually agreeable Rates, and such materials can be reasonably separated by Generators from 88 those Discarded Materials Collected by Contractor, the City may provide for Collection, Processing, 89 and Diversion of such materials in any manner it deems appropriate. Such materials may include, 90 but not be limited to, Organic Materials which Contractor would otherwise Collect for Disposal. 91 Contractor may not enforce its exclusive franchise rights in a manner that would prevent the 92 Diversion of material that Contractor is unable or unwilling to Divert. 93 F. Beverage Containers. Containers delivered for Recycling under the California Beverage Container 94 Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code. 95 G. Materials Removed by Customer’s Contractor as Incidental Part of Services. Recyclable Materials, 96 Organic Materials, Solid Waste, C&D Debris, and Bulky Items removed from a Premises by a 97 contractor (e.g., gardener, landscaper, tree-trimming service, construction contractor, Residential 98 clean-out service) as an incidental part of the service being performed, rather than as a separately 99 contracted or subcontracted hauling service; or if such contractor is providing a service which is not 100 included in the scope of this Agreement. 101 H. In-Place Composting. Organic Materials Composted or otherwise legally managed at the site where 102 it is generated (e.g., backyard Composting, on-site anaerobic digestion). 103 I. Animal, Grease Waste, and Used Cooking Oil. Animal waste and remains from slaughterhouse or 104 butcher shops, grease, or used cooking oil. 105 J. Sewage Treatment By-Product. By-products of sewage treatment, including sludge, sludge ash, 106 grit, and screenings. 107 K. Excluded Waste. Excluded Waste regardless of its source. 108 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A