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July 2024 Page 4 City of San Leandro Post Collection contracted or subcontracted hauling service; or if such contractor is providing a service which is not 113 included in the scope of this Agreement or the Collection Agreement. 114 H. In-Place Composting. Organic Materials Composted or otherwise legally managed at the site where 115 it is generated (e.g., backyard Composting, on-site anaerobic digestion). 116 I. Animal, Grease Waste, and Used Cooking Oil. Animal waste and remains from slaughterhouse or 117 butcher shops, grease, or used cooking oil. 118 J. Sewage Treatment By-Product. By-products of sewage treatment, including sludge, sludge ash, 119 grit, and screenings. 120 K. Excluded Waste. Excluded Waste regardless of its source. 121 L. Materials Generated by State and County Facilities. Materials generated by State and County 122 facilities located in the City provided that the Generator self-hauls, has arranged services with 123 other Persons, or has arranged services with the Contractor through a separate agreement. 124 M. Climate and Disaster Resiliency Debris. Debris generated as result of a wartime, natural, physical, 125 or other disaster that the Collection Contractor is unable to Collect and or Contractor is unable to 126 Process or Dispose within a reasonable timeframe as determined by the City or that the City 127 directs the Collection Contractor or Contractor to not Collect, Process, or Dispose in accordance 128 with Section 4.4 of this Agreement and in accordance with the Collection Agreement. City reserves 129 the right to enter into a third-party agreement to provide disaster debris Collection and Post-130 Collection services that augment those provided by the Contractor or Collection Contractor. 131 N. Extended Producer Responsibility Programs. Other Persons may Accept, Transfer, Transport, 132 Process, Divert, and/or Dispose of Recyclable Materials or Organic Materials that require special 133 handling or unique Processing services that are not currently provided by Contractor and/or 134 materials covered by Extended Producer Responsibility Programs, subject to the provisions of the 135 Collection Agreement. 136 Contractor acknowledges and agrees that the City may permit other Persons besides the Contractor to 137 Accept, Transfer, Transport, Process, or Dispose of any and all types of materials excluded from the scope 138 of this Agreement, as set forth above, without seeking or obtaining approval of Contractor. If Contractor 139 can produce evidence that other Persons are providing Post-Collection Services in a manner that is not 140 consistent with this Agreement or the City’s Code, it shall report the location, name, and phone number 141 of the Person or company to the City’s Contract Manager along with Contractor’s evidence. In such case, 142 City may notify the Person providing service in violation of Contractor’s rights under this Agreement, and 143 Contractor shall have the right to take legal action to enforce its rights under this Agreement. 144 1.3 OBLIGATIONS OF PARTIES 145 In addition to the specific performance required under the Agreement, City and Contractor shall: 146 A. Provide timely notice to one another of a perceived failure to perform any obligations under this 147 Agreement and access to information demonstrating the Party’s failure to perform. 148 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B