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8.A. - Page 28 <br /> c. Recyclable Materials and Plant Materials which are Source Separated at any <br /> Premises by the Waste Generator and donated to youth, civic, or charitable <br /> organizations; <br /> d. Containers delivered for Recycling under the California Beverage Container <br /> Recycling Litter Reduction Act, Section 14500, et. seq. California Public <br /> Resources Code; <br /> e. Plant Materials removed from a Premises by a gardening, landscaping, or tree <br /> trimming contractor as an incidental part of a total service offered by that <br /> contractor rather than as a hauling service and for no additional or separate <br /> fee; <br /> £ Non-putrescible Waste from roll-off/debris boxes; <br /> g. Animal waste and remains from slaughterhouse or butcher shops for use as <br /> tallow; <br /> h. By-products of sewage treatment, including sludge, sludge ash, grit and <br /> screenings; and, <br /> i. Hazardous Waste and Designated Waste regardless of its source. <br /> This grant to Contractor of an exclusive right and privilege to Collect, transport, <br /> or process and dispose of Solid Waste, certain residential Recyclable Materials, and certain <br /> residential Plant Materials shall be interpreted to be consistent with state and federal laws, now <br /> and during the term of the Agreement, and the scope of this exclusive right shall be limited by <br /> applicable state and federal laws with regard to the matters contained in this Agreement. In the <br /> event that future interpretations of current law or new laws, regulations, interpretations or trends <br /> limit the ability of Agency to lawfully provide for the scope of services as specifically set forth <br /> herein, Contractor agrees that the scope of the Agreement will be limited to those services and <br /> materials which may be lawfully provided and that Agency shall not be responsible for any lost <br /> profits or losses claimed by Contractor to arise out of limitations of the scope of the Agreement <br /> set forth herein. In such an event, it shall be the responsibility of Contractor to minimize the <br /> financial impact to other services being provided as much as possible. <br /> 2.09 Additional Services and Modifications to Service. <br /> 2.091 General. Agency may direct Contractor to perform additional services (including <br /> new diversion programs, billing services, etc.) or modify the manner in which it performs <br /> existing services. Pilot programs and innovative services which may entail new Collection <br /> methods, targeted routing, different kinds of services and/or new requirements for Waste <br /> Generators are included among the kinds of changes which Agency may direct. Contractor shall <br /> be entitled to an adjustment in its compensation in accordance with Article 6 for providing such <br /> additional or modified services. <br /> 2.09.2 New Diversion Programs. Contractor shall present, within 30 days of a request <br /> to do so by Agency, a proposal to provide additional or expanded diversion services. At a <br /> minimum, the proposal shall contain a complete description of the following: <br /> a. Collection methodology to be employed (equipment, manpower, etc.). <br /> b. Equipment to be utilized (vehicle number, types, capacity, age, etc.). <br /> ATTY/AGR/2013/AMENDMENTS/AMEND N0.2 SBWMA JPA AGREEMENT <br /> REV: 06-10-13 PT <br /> Page 23 of 24 <br />