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City of Pleasanton Article 4. Scope of Agreement Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 26 June 7, 2022March 8, 2018 G. Hazardous Waste and Designated Waste. Hazardous Waste and Designated Waste regardless of 792 its source; and, 793 H. Materials Generated by Public School, County, and Federal Facilities. Materials generated by 794 public schools, county, and federal facilities located in the City provided that the Generator has 795 arranged services with other Persons or has arranged services with the Contractor through a 796 separate agreement. 797 I. Temporary Drop Box Collection after Rate Period One. In the event that Contractor fails to achieve 798 the minimum C&D Diversion Rate from residents and businesses where it is the arranger for these 799 services required by Section 5.7 in Rate Period One or should the Contractor fail to perform its 800 obligations as part of a developer’s plan where it is not the sole provider of C&D Collection and 801 Diversion services, then, the Contractor shall be subject to Liquidated Damages as described in 802 Section 11.6 of this Agreement. 803 J. Edible Food. Edible Food which is collected from a Generator by other Person(s), such as a Person 804 from a Food Recovery Organization or Food Recovery Service, for the purposes of Food Recovery; 805 or which is transported by the Generator to another Person(s), such as a Person from a Food 806 Recovery Organization, for the purposes of Food Recovery, regardless of whether the Generator 807 donates, sells, or pays a fee to the other Person(s) to collect or receive the Edible Food; 808 K. Food Scraps. Food Scraps that are separated by the Generator and used by the Generator or 809 distributed to other Person(s) for lawful use as animal feed, in accordance with 14 CCR Section 810 18983.1(b)(7). Food Scraps intended for animal feed may be Self-Hauled by the Generator or hauled 811 by another party; and, 812 L. On-site or Community Composting. Organic Materials Composted or otherwise legally managed at 813 the site where they are generated (e.g., backyard Composting, or on-site anaerobic digestion) or at 814 a Community Composting site. 815 Contractor acknowledges and agrees that the City may permit other Persons besides the Contractor to 816 Collect any and all types of materials excluded from the scope of this Franchise, as set forth above, without 817 seeking or obtaining approval of Contractor. If Contractor can produce evidence that other Persons are 818 servicing Collection Containers or are Collecting and Transporting Solid Waste, Recyclable Materials, 819 and/or Organic Materials in a manner that is not consistent with the City’s Municipal Code or the exclusive 820 rights granted to Contractor hereunder, it shall report the location, the name and phone number of the 821 Person or company to the City along with Contractor’s evidence of the violation of the exclusiveness of 822 this Franchise. The receipt of this information does not obligate the City to take any action, provided 823 however that Contractor shall have the right to seek judicial or other lawful relief for violations of its 824 exclusive rights under this Agreement. 825 The City shall not be responsible for any lost profits or losses claimed by Contractor to arise out of 826 limitations of the scope of the Agreement set forth herein. In such an event, it shall be the responsibility 827 of Contractor to minimize the financial impact to other services being provided as much as possible. 828