PLEASANTON GARBAGE FRANCHISE AGREEMENT 2018

City of Pleasanton Article 4. Scope of Agreement Franchise Agreement with Pleasanton Garbage Service 677 If the Contractor's Proposal and Agreement conflict, the terms and provisions of the Agreement 678 shall prevail. 679 M. Complying with Applicable Law. 680 N. Providing reports in a timely manner with details as requested by the City pursuant to Sections 6.3, 681 6.4, and 6.5. 682 The enumeration and specification of particular aspects of service,labor,or equipment requirements shall 683 not relieve Contractor of the duty of accomplishing all other aspects necessary to fulfill its obligations 684 under this Agreement whether such requirements are enumerated elsewhere in the Agreement or not, 685 unless excused in accordance with Section 11.7. 686 4.2 Limitations to Scope 687 This Agreement for the Collection and Transportation of Solid Waste and Collection,Transportation, and 688 Processing of Recyclable Materials, Organic Materials, and Construction and Demolition Debris granted 689 to Contractor shall be exclusive except as to the following materials listed in this Section. The award of 690 this Agreement shall not preclude the categories of Solid Waste, Recyclable Materials,Organic Materials, 691 and Construction and Demolition Debris listed below from being delivered to and Collected and 692 Transported by others provided that nothing in this Agreement is intended to or shall be construed to 693 excuse any Person from obtaining any authorization from City which is otherwise required by law: 694 A. Self-Hauled Materials. A Commercial business Owner or Resident may Dispose of Solid Waste, 695 Recyclable Materials, Organic Materials, and Construction and Demolition Debris generated in or 696 on their own Premises with their own vehicle; 697 B. Donated Materials. Recyclable Materials and Organic Materials which are Source Separated at any 698 Premises by the Generator and donated to youth,civic, or charitable organizations; 699 C. Beverage Containers. Containers delivered for Recycling under the California Beverage Container 700 Recycling and Litter Reduction Act,Section 14500,et seq. California Public Resources Code; 701 D. Materials Removed by Customer's Contractor as Incidental Part of Services. Solid Waste, 702 Recyclable Materials, Organic Materials and/or Construction and Demolition Debris removed from 703 a Premises by a contractor (e.g., gardener, landscaper, or tree-trimming service, 704 construction/demolition contractor) as an incidental part of the service being performed and such 705 contractor removes materials at no additional or separate fee with the contractor's own employees 706 and equipment. The determination of whether removal of material is incidental to the services 707 being performed may, for example, be based on whether fees are charged on a volume or hourly 708 basis,and the reasonableness of those fees relative to those charged by third parties for comparable 709 services; 710 E. Animal, Grease Waste, and Used Cooking Oil. Animal waste and remains from slaughterhouse or 711 butcher shops,grease, or used cooking oil; 712 F. Sewage Treatment By-Product. By-products of sewage treatment,including sludge,sludge ash,grit 713 and screenings; City of Pleasanton Page 24 March 8, 2018