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July 2024 Page 3 City of San Leandro Post Collection Contractor to arise out of limitations to the scope or provisions of the Agreement set forth herein. In such 74 an event, it shall be the responsibility of Contractor to minimize the financial impact of such future judicial 75 interpretations or new laws and the Contractor may meet and confer with City and may petition for a Rate 76 adjustment pursuant to Section 8.4. 77 1.2 SCOPE LIMITATIONS AND EXCLUSIONS 78 The award of this Agreement shall not preclude the categories of Recyclable Materials, Organic Materials, 79 C&D Debris, and Solid Waste listed below from being Collected by Persons other than the Collection 80 Contractor and Accepted, Transferred, Transported, Processed, or Disposed by Persons other than the 81 Contractor, provided that nothing in this Agreement is intended to or shall be construed to excuse any 82 Person from obtaining any authorization from the City, which is otherwise required by law: 83 A. Self-Hauled Materials. A Commercial business Owner or Resident may Dispose of Recyclable 84 Materials, Organic Materials, Solid Waste, and C&D Debris generated in or on their own Premises 85 with their own vehicle and their own employees so long as they are in compliance with the City’s 86 Municipal Code. 87 B. Donated or Sold Materials. Any items which are Source Separated at any Premises by the Generator 88 and sold or donated to other Persons, including youth, civic, or charitable organizations. 89 C. Edible Food Recovery. Edible Food which is Collected from a Generator by other Person(s) for the 90 purposes of food recovery; or which is Self-Hauled by the Generator to another Person(s) for the 91 purposes of food recovery, regardless of whether the Generator donates, sells, or pays a fee to 92 the other Person(s) to Collect or receive the edible food. Contractor shall cooperate with and shall 93 not impede, interfere, or attempt to impede or interfere with the implementation, expansion, or 94 operation of food recovery program efforts in the City. 95 D. Food Scraps for Animal Feed. Food Scraps that are separated by the Generator and used by the 96 Generator or distributed to other Person(s) for lawful use as animal feed, in accordance with 14 CCR 97 Section 18983.1(b)(7). Food Scraps intended for animal feed may be Self-Hauled by Generator or 98 hauled by another party. 99 E. Materials That Contractor Does Not Divert. Discarded Materials which the Collection Contractor is 100 not required to Collect for Diversion under the Collection Agreement as of the Effective Date of this 101 Agreement which subsequently, in the City’s reasonable judgment, become economically feasible 102 to Collect for Diversion. In such event, subject to the terms of the Collection Agreement, the City 103 may provide for Collection, Processing, and Diversion of such materials in any manner it deems 104 appropriate. Such materials may include, but not be limited to, Organic Materials which the 105 Collection Contractor would otherwise Collect for Disposal. 106 F. Beverage Containers. Containers delivered for Recycling under the California Beverage Container 107 Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code. 108 G. Materials Removed by Customer’s Contractor as Incidental Part of Services. Recyclable Materials, 109 Organic Materials, Solid Waste, C&D Debris, and Bulky Items removed from a Premises by a 110 contractor (e.g., gardener, landscaper, tree-trimming service, construction contractor, Residential 111 clean-out service) as an incidental part of the service being performed, rather than as a separately 112 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B