PLEASANTON GARBAGE FRANCHISE AGREEMENT 2022

City of Pleasanton Article 4. Scope of Agreement Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 24 June 7, 2022 G. Hazardous Waste and Designated Waste. Hazardous Waste and Designated Waste regardless of 767 its source; 768 H. Materials Generated by Public School, County, and Federal Facilities. Materials generated by 769 public schools, county, and federal facilities located in the City provided that the Generator has 770 arranged services with other Persons or has arranged services with the Contractor through a 771 separate agreement; 772 I. Temporary Drop Box Collection after Rate Period One. In the event that Contractor fails to achieve 773 the minimum C&D Diversion Rate from residents and businesses where it is the arranger for these 774 services required by Section 5.7 in Rate Period One or should the Contractor fail to perform its 775 obligations as part of a developer’s plan where it is not the sole provider of C&D Collection and 776 Diversion services, then, the Contractor shall be subject to Liquidated Damages as described in 777 Section 11.6 of this Agreement; 778 J. Edible Food. Edible Food which is collected from a Generator by other Person(s), such as a Person 779 from a Food Recovery Organization or Food Recovery Service, for the purposes of Food Recovery; 780 or which is transported by the Generator to another Person(s), such as a Person from a Food 781 Recovery Organization, for the purposes of Food Recovery, regardless of whether the Generator 782 donates, sells, or pays a fee to the other Person(s) to collect or receive the Edible Food; 783 K. Food Scraps. Food Scraps that are separated by the Generator and used by the Generator or 784 distributed to other Person(s) for lawful use as animal feed, in accordance with 14 CCR Section 785 18983.1(b)(7). Food Scraps intended for animal feed may be Self-Hauled by the Generator or hauled 786 by another party; and, 787 L. On-site or Community Composting. Organic Materials Composted or otherwise legally managed at 788 the site where they are generated (e.g., backyard Composting, or on-site anaerobic digestion) or at 789 a Community Composting site. 790 Contractor acknowledges and agrees that the City may permit other Persons besides the Contractor to 791 Collect any and all types of materials excluded from the scope of this Agreement, as set forth above, 792 without seeking or obtaining approval of Contractor. If Contractor can produce evidence that other 793 Persons are servicing Collection Containers or are Collecting and Transporting Solid Waste, Recyclable 794 Materials, and/or Organic Materials in a manner that is not consistent with the City’s Municipal Code or 795 the exclusive rights granted to Contractor hereunder, it shall report the location, the name, and phone 796 number of the Person or company to the City along with Contractor’s evidence of the violation of the 797 exclusiveness of this Agreement. The receipt of this information does not obligate the City to take any 798 action, provided however that Contractor shall have the right to seek judicial or other lawful relief for 799 violations of its exclusive rights under this Agreement. 800 The City shall not be responsible for any lost profits or losses claimed by Contractor to arise out of 801 limitations of the scope of the Agreement set forth herein. In such an event, it shall be the responsibility 802 of Contractor to minimize the financial impact to other services being provided as much as possible. 803