Common use of Non-Collection Notices Clause in Contracts

Non-Collection Notices. Contractor may choose not to Collect materials for the 2388 following reasons: (i) Source Separated or Targeted Recyclable Materials or 2389 Organic Materials do not comply with the allowable Contamination thresholds; (ii) 2390 materials contain Hazardous Waste; or (iii) the loaded weight of a Container 2391 exceeds the maximum load limit specified by the Cart manufacturer and specified in 2392 Attachment D. In such case, Contractor shall issue non-Collection notices stating 2393 the reason(s) the materials were not Collected. The non-Collection notice shall be 2394 affixed prominently onto the Cart to ensure that it is not inadvertently removed from 2395 Cart due to weather conditions. The non-Collection notices must be protected from 2396 rain, if precipitation is present or forecasted, by placing the notice in a clear plastic 2397 bag prior to affixing to Cart. 2398 Contractor shall document the use of non-Collection notices by recording the date 2399 and time of issuance, address of service recipient, reason(s) for issuance, name of 2400 employee who issued the notice, and truck and route numbers. The notice shall 2401 conform to the requirements specified in Section 6.03.A, be at least two inches by 2402 six inches (2" x 6") in size and shall be approved by the SBWMA. The non- 2403 Collection notices must identify the steps the Generator must take to recommence 2404 Collection service. In the event a Container is not Collected due to excessive 2405 Contamination and Customer does not take the necessary steps to recommence 2406 Collection service, Contractor shall bill the Customer for Collection of the excessive 2407 Contamination at Agency-approved Charges specified in Attachment Q. The 2408 Agency-approved Charges includes: (i) a return trip Charge, and, (ii) an extra Solid 2409 Waste Collection Charge. 2410 Contractor shall report monthly to Agency any non-Collection notices issued. 2411 Contractor shall take direction from the Agency with regard to termination or 2412 reinstatement of service to a service recipient due to numerous non-Collection 2413 notices issued to the same Customer. 2414 G. Collection of Excess Materials (Overages). Contractor shall direct its employees 2415 to Collect an Overage on two (2) occasions each Rate Year at no additional cost to 2416 Customer. Contractor must provide a notice to Customer documenting the Overage 2417 in order to count the Overage Collection towards the allocated two (2) per Rate 2418 Year for each Customer. Customers that place an Overage for Collection for a third 2419 and subsequent events, may be assessed an Overage fee by Contractor if 2420 Contractor has directly contacted the Customer via a phone call or voice message 2421 notifying them of the Overage Collected. Contractor shall bill Customer for a third 2422 and subsequent Overage events at Agency-approved Charges specified in 2423 Attachment Q. Contractor shall provide Customers the opportunity to request an 2424 Overage Collection service in advance. In such case, Contractor shall bill the 2425 Customer at the Agency-approved Charge specified in Attachment Q. 2426 Contractor shall provide Customers the opportunity to subscribe to Overage 2427 Collection service, in advance, or purchase Overage bag(s) from the Contractor. 2428 Contractor shall provide Customers the opportunity to purchase Overage bags 2429 through its Customer service department or electronically via Contractor’s website. 2430 The Overage bag(s) shall have markings identifying it as the Contractor’s Overage 2431 bag. Contractor shall mail or deliver Overage bags to Customers within three (3) 2432 Business days of Customer’s request. The Charge for Overage bags is specified in 2433 Attachment Q and includes all aspects of purchasing the bags, printing, and 2434 distribution (i.e., mailing or direct delivery by Contractor). Customers shall also be 2435 provided the opportunity to purchase Overage bags at Contractor’s local office. The 2436 quantity of Overage bags per request from Customer shall be limited to five (5) per 2437 request. 2438 If the Agency and/or Contractor receive numerous Complaints (as determined by 2439 the Agency) from Customers regarding Customer dissatisfaction with the 2440 requirement to purchase Overage bags, the Agency reserves the right to require the 2441 Contractor to modify its Overage program to better serve its Customers and/or 2442 require the Customer to subscribe to additional Collection service. 2443 H. Care of Private Property. Contractor shall not damage private property. 2444 Contractor shall ensure that its employees: (i) close all gates opened in making 2445 Collections, unless otherwise directed by the Customer, (ii) do not cross landscaped 2446 areas, and (iii) do not climb or jump over xxxxxx and fences. 2447 Agency shall refer Complaints about damage to private property to Contractor. 2448 Contractor shall repair, to its previous condition, all damage to private or public 2449 property caused by its employees. 2450 Contractor shall endeavor to resolve all claims regarding damage to private property 2451 as soon as reasonably practicable following receipt thereof, made by Owners or 2452 Occupants of property served by Contractor, for damages to property including, but 2453 not limited to, Containers. In the event such damage shall have been caused by the 2454 negligence or intentional acts of Contractor, its officers, agents, or employees, 2455 Contractor shall promptly repair or replace such damaged property. The provisions 2456 of this Section 8.02.H shall not be deemed a limitation upon any other provisions of 2457 this Agreement, or any rights or remedies which may accrue to Agency by reason of 2458 Contractor’s acts or omissions to act hereunder. Contractor is required to repair 2459 damage and/or resolve claims regarding damage to property within thirty (30) Days 2460 of receipt of the Complaint. 2461 This Section 8.02.H shall not apply to damage to public or private roads or 2462 driveways caused by the weight of Contractor’s vehicles. If a Customer requests 2463 Contractor to provide on-premises (i.e., non-Curbside) service, and in doing so 2464 would require Contractor to drive its Collection vehicle on a private road or 0000 xxxxxxxx, then, as a condition to providing that service, Contractor shall require the 2466 Customer, property owner, or other responsible party to sign a reasonable waiver 2467 releasing Contractor from liability for such damage. 2468 I. Litter Abatement 2469 1. Minimization of Spills. If any Solid Waste, Targeted Recyclable Materials, or 2470 Organic Materials are spilled or scattered during Collection or transportation 2471 operations, the Contractor shall promptly clean up all spilled and scattered 2472 materials. Contractor shall use due care to prevent vehicle oil, vehicle fuel, or 2473 other liquids from being spilled during Collection or transportation operations 2474 including maintenance of the Collection vehicles to minimize and correct any 2475 leaks. Contractor shall ensure that all liquid spills or leaked liquids or fluids are 2476 cleaned up promptly on the same day that they occur. 2477 Contractor shall not transfer loads from one vehicle to another on any public 0000 xxxxxx, unless it is necessary to do so because of mechanical failure, 2479 emergency (e.g., combustion of material in the vehicle), accidental damage to 2480 a vehicle, or unless approved by the Agency.

Non-Collection Notices. Contractor may choose not to Collect materials for the 2388 2346 following reasons: (i) Source Separated or Targeted Recyclable Materials or 2389 Organic 2347 Materials do not comply with the allowable Contamination thresholds; (ii) 2390 materials 2348 contain Hazardous Waste; or (iii) the loaded weight of a Container 2391 exceeds the 2349 maximum load limit specified by the Cart manufacturer and specified in 2392 Attachment 2350 D. In such case, Contractor shall issue non-Collection notices stating 2393 the reason(s) 2351 the materials were not Collected. The non-Collection notice shall be 2394 affixed 2352 prominently onto the Cart to ensure that it is not inadvertently removed from 2395 Cart due 2353 to weather conditions. The non-Collection notices must be protected from 2396 rain, if 2354 precipitation is present or forecasted, by placing the notice in a clear plastic 2397 bag prior 2355 to affixing to Cart. 2398 2356 Contractor shall document the use of non-Collection notices by recording the date 2399 2357 and time of issuance, address of service recipient, reason(s) for issuance, name of 2400 2358 employee who issued the notice, and truck and route numbers. The notice shall 2401 2359 conform to the requirements specified in Section 6.03.A, be at least two inches by 2402 six 2360 inches (2" x 6") in size and shall be approved by the SBWMA. The non- 2403 non-Collection 2361 notices must identify the steps the Generator must take to recommence 2404 Collection 2362 service. In the event a Container is not Collected due to excessive 2405 Contamination and 2363 Customer does not take the necessary steps to recommence 2406 Collection service, Franchise Agreement for Collection Services with Recology San Mateo County Page 58 of 120 Model Agreement for Adaptation by Member Agencies 2364 Contractor shall bill xxxx the Customer for Collection of the excessive 2407 Contamination at 2365 Agency-approved Charges specified in Attachment Q. The 2408 Agency-approved 2366 Charges includes: (i) a return trip Charge, and, (ii) an extra Solid 2409 Waste Collection 2367 Charge. 2410 2368 Contractor shall report monthly to Agency any non-Collection notices issued. 2411 2369 Contractor shall take direction from the Agency with regard to termination or 2412 2370 reinstatement of service to a service recipient due to numerous non-Collection 2413 notices 2371 issued to the same Customer. 2414 2372 G. Collection of Excess Materials (Overages). Contractor shall direct its employees 2415 2373 to Collect an Overage on two (2) occasions each Rate Year at no additional cost to 2416 2374 Customer. Contractor must provide a notice to Customer documenting the Overage 2417 2375 in order to count the Overage Collection towards the allocated two (2) per Rate 2418 Year 2376 for each Customer. Customers that place an Overage for Collection for a third 2419 and 2377 subsequent events, may be assessed an Overage fee by Contractor if 2420 Contractor has 2378 directly contacted the Customer via a phone call or voice message 2421 notifying them of 2379 the Overage Collected. Contractor shall bill xxxx Customer for a third 2422 and subsequent 2380 Overage events at Agency-approved Charges specified in 2423 Attachment Q. Contractor 2381 shall provide Customers the opportunity to request an 2424 Overage Collection service in 2382 advance. In such case, Contractor shall bill xxxx the 2425 Customer at the Agency-approved 2383 Charge specified in Attachment Q. 2426 2384 Contractor shall provide Customers the opportunity to subscribe to Overage 2427 2385 Collection service, in advance, or purchase Overage bag(s) from the Contractor. 2428 2386 Contractor shall provide Customers the opportunity to purchase Overage bags 2429 2387 through its Customer service department or electronically via Contractor’s website. 2430 2388 The Overage bag(s) shall have markings identifying it as the Contractor’s Overage 2431 2389 bag. Contractor shall mail or deliver Overage bags to Customers within three (3) 2432 2390 Business days of Customer’s request. The Charge for Overage bags is specified in 2433 2391 Attachment Q and includes all aspects of purchasing the bags, printing, and 2434 2392 distribution (i.e., mailing or direct delivery by Contractor). Customers shall also be 2435 2393 provided the opportunity to purchase Overage bags at Contractor’s local office. The 2436 2394 quantity of Overage bags per request from Customer shall be limited to five (5) per 2437 2395 request. 2438 2396 If the Agency and/or Contractor receive numerous Complaints (as determined by 2439 the 2397 Agency) from Customers regarding Customer dissatisfaction with the 2440 requirement to 2398 purchase Overage bags, the Agency reserves the right to require the 2441 Contractor to 2399 modify its Overage program to better serve its Customers and/or 2442 require the 2400 Customer to subscribe to additional Collection service. 2443 2401 H. Care of Private Property. Contractor shall not damage private property. 2444 Contractor 2402 shall ensure that its employees: (i) close all gates opened in making 2445 Collections, 2403 unless otherwise directed by the Customer, (ii) do not cross landscaped 2446 areas, and 2404 (iii) do not climb or jump over xxxxxx and fences. 2447 2405 Agency shall refer Complaints about damage to private property to Contractor. 2448 2406 Contractor shall repair, to its previous condition, all damage to private or public 2449 2407 property caused by its employees. 2450 2408 Contractor shall endeavor to resolve all claims regarding damage to private property 2451 2409 as soon as reasonably practicable following receipt thereof, made by Owners or 2452 Franchise Agreement for Collection Services with Recology San Mateo County Page 59 of 120 Model Agreement for Adaptation by Member Agencies 2410 Occupants of property served by Contractor, for damages to property including, but 2453 2411 not limited to, Containers. In the event such damage shall have been caused by the 2454 2412 negligence or intentional acts of Contractor, its officers, agents, or employees, 2455 2413 Contractor shall promptly repair or replace such damaged property. The provisions 2456 2414 of this Section 8.02.H shall not be deemed a limitation upon any other provisions of 2457 2415 this Agreement, or any rights or remedies which may accrue to Agency by reason of 2458 2416 Contractor’s acts or omissions to act hereunder. Contractor is required to repair 2459 2417 damage and/or resolve claims regarding damage to property within thirty (30) Days 2460 2418 of receipt of the Complaint. 2461 2419 This Section 8.02.H shall not apply to damage to public or private roads or 2462 driveways 2420 caused by the weight of Contractor’s vehicles. If a Customer requests 2463 Contractor to 2421 provide on-premises (i.e., non-Curbside) service, and in doing so 2464 would require 2422 Contractor to drive its Collection vehicle on a private road or 0000 xxxxxxxxdriveway, then, as a 2423 condition to providing that service, Contractor shall require the 2466 Customer, property 2424 owner, or other responsible party to sign a reasonable waiver 2467 releasing Contractor 2425 from liability for such damage. 2468 2426 I. Litter Abatement 2469 2427 1. Minimization of Spills. If any Solid Waste, Targeted Recyclable Materials, or 2470 2428 Organic Materials are spilled or scattered during Collection or transportation 2471 2429 operations, the Contractor shall promptly clean up all spilled and scattered 2472 2430 materials. Contractor shall use due care to prevent vehicle oil, vehicle fuel, or 2473 2431 other liquids from being spilled during Collection or transportation operations 2474 2432 including maintenance of the Collection vehicles to minimize and correct any 2475 2433 leaks. Contractor shall ensure that all liquid spills or leaked liquids or fluids are 2476 2434 cleaned up promptly on the same day that they occur. 2477 2435 Contractor shall not transfer loads from one vehicle to another on any public 0000 xxxxxx2436 street, unless it is necessary to do so because of mechanical failure, 2479 emergency 2437 (e.g., combustion of material in the vehicle), accidental damage to 2480 a vehicle, or 2438 unless approved by the Agency.

Non-Collection Notices. Contractor may choose not to Collect materials for the 2388 following reasons: (i) Source Separated or Targeted Recyclable Materials or 2389 Organic Materials do not comply with the allowable Contamination thresholds; (ii) 2390 materials contain Hazardous Waste; or (iii) the loaded weight of a Container 2391 exceeds the maximum load limit specified by the Cart manufacturer and specified in 2392 Attachment D. In such case, Contractor shall issue non-Collection collection notices stating 2393 the reason(s) the materials were not Collected. The non-Collection collection notice shall be 2394 affixed prominently onto the Cart to ensure that it is not inadvertently removed from 2395 Cart due to weather conditions. The non-Collection collection notices must be protected from 2396 rain, if precipitation is present or forecasted, by placing the notice in a clear plastic 2397 bag prior to affixing to Cart. 2398 Contractor shall document the use of non-Collection collection notices by recording the date 2399 and time of issuance, address of service recipient, reason(s) for issuance, name of 2400 employee who issued the notice, and truck and route numbers. The notice shall 2401 conform to the requirements specified in Section 6.03.A, be at least two inches by 2402 six inches (2" x 6") in size and shall be approved by the SBWMA. The non- 2403 Collection collection notices must identify the steps the Generator must take to recommence 2404 Collection service. In the event a Container is not Collected collected due to excessive 2405 Contamination and Customer does not take the necessary steps to recommence 2406 Collection service, Contractor Customer shall bill the Customer be assessed a fee approved by Agency for Collection of the excessive 2407 Contamination at Agency-approved Charges specified in Attachment Q. The 2408 Agency-approved Charges includesContainer as Solid Waste by Contractor. This additional fee charged to Customer may include: (i) a return trip Charge, and, charge and (ii) an a extra Solid 2409 Waste Collection Chargecharge. 2410 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 Contractor shall report monthly to Agency any non-Collection collection notices issued. 2411 Contractor shall take direction from the Agency with regard to termination or 2412 reinstatement of service to a service recipient due to numerous non-Collection 2413 collection notices issued to the same Customer. 2414 G. Collection of Excess Materials (Overages). Contractor shall direct its employees 2415 to Collect an Overage on two (2) occasions each Rate Year at no additional cost to 2416 Customer. Contractor must provide a notice to Customer documenting the Overage 2417 in order to count the Overage Collection towards the allocated two (2) per Rate 2418 Year for each Customer. Customers that place an Overage for Collection for a third 2419 and subsequent events, may be assessed an Overage fee by Contractor if 2420 Contractor has directly contacted the Customer via a phone call or voice message 2421 notifying them of the Overage Collected. Contractor shall bill Customer for a third 2422 and subsequent Overage events at Agency-approved Charges specified in 2423 Attachment Q. Contractor shall provide Customers the opportunity to request an 2424 Overage Collection service in advance. In such case, Contractor shall bill the 2425 Customer at the Agency-approved Charge specified in Attachment Q. 2426 Contractor shall provide Customers the opportunity to subscribe to Overage 2427 Collection service, in advance, or purchase Overage bag(s) from the Contractor. 2428 Contractor shall provide Customers the opportunity to purchase Overage bags 2429 through its Customer service department or electronically via Contractor’s website. 2430 The Overage bag(s) shall have markings identifying it as the Contractor’s Overage 2431 bag. Contractor shall mail or deliver Overage bags to Customers within three (3) 2432 Business days of Customer’s request. The Charge for Overage bags is specified in 2433 Attachment Q and includes all aspects of purchasing the bags, printing, and 2434 distribution (i.e., mailing or direct delivery by Contractor). Customers shall also be 2435 provided the opportunity to purchase Overage bags at Contractor’s local office. The 2436 quantity of Overage bags per request from Customer shall be limited to five (5) per 2437 request. 2438 If the Agency and/or Contractor receive numerous Complaints (as determined by 2439 the Agency) from Customers regarding Customer dissatisfaction with the 2440 requirement to purchase Overage bags, the Agency reserves the right to require the 2441 Contractor to modify its Overage program to better serve its Customers and/or 2442 require the Customer to subscribe to additional Collection service. 2443 H. Care of Private Property. Contractor shall not damage private property. 2444 Contractor shall ensure that its employees: (i) close all gates opened in making 2445 Collections, unless otherwise directed by the Customer, (ii) do not cross landscaped 2446 areas, and (iii) do not climb or jump over xxxxxx and fences. 2447 Agency shall refer Complaints about damage to private property to Contractor. 2448 Contractor shall repair, to its previous condition, all damage to private or public 2449 property caused by its employees. 2450 Contractor shall endeavor to resolve all claims regarding damage to private property 2451 as soon as reasonably practicable following receipt thereof, made by Owners or 2452 Occupants of property served by Contractor, for damages to property including, but 2453 not limited to, Containers. In the event such damage shall have been caused by the 2454 negligence or intentional acts of Contractor, its officers, agents, or employees, 2455 Contractor shall promptly repair or replace such damaged property. The provisions 2456 of this Section 8.02.H shall not be deemed a limitation upon any other provisions of 2457 this Agreement, or any rights or remedies which may accrue to Agency by reason of 2458 Contractor’s acts or omissions to act hereunder. Contractor is required to repair 2459 damage and/or resolve claims regarding damage to property within thirty (30) Days 2460 of receipt of the Complaint. 2461 This Section 8.02.H shall not apply to damage to public or private roads or 2462 driveways caused by the weight of Contractor’s vehicles. If a Customer requests 2463 Contractor to provide on-premises (i.e., non-Curbside) service, and in doing so 2464 would require Contractor to drive its Collection vehicle on a private road or 0000 xxxxxxxx, then, as a condition to providing that service, Contractor shall require the 2466 Customer, property owner, or other responsible party to sign a reasonable waiver 2467 releasing Contractor from liability for such damage. 2468 I. Litter Abatement 2469 1. Minimization of Spills. If any Solid Waste, Targeted Recyclable Materials, or 2470 Organic Materials are spilled or scattered during Collection or transportation 2471 operations, the Contractor shall promptly clean up all spilled and scattered 2472 materials. Contractor shall use due care to prevent vehicle oil, vehicle fuel, or 2473 other liquids from being spilled during Collection or transportation operations 2474 including maintenance of the Collection vehicles to minimize and correct any 2475 leaks. Contractor shall ensure that all liquid spills or leaked liquids or fluids are 2476 cleaned up promptly on the same day that they occur. 2477 Contractor shall not transfer loads from one vehicle to another on any public 0000 xxxxxx, unless it is necessary to do so because of mechanical failure, 2479 emergency (e.g., combustion of material in the vehicle), accidental damage to 2480 a vehicle, or unless approved by the Agency.

Non-Collection Notices. Contractor may choose not to Collect materials for the 2388 following reasons: (i) Source Separated or Targeted Recyclable Materials or 2389 Organic Materials do not comply with the allowable Contamination thresholds; (ii) 2390 materials contain Hazardous Waste; or (iii) the loaded weight of a Container 2391 exceeds the maximum load limit specified by the Cart manufacturer and specified in 2392 Attachment D. In such case, Contractor shall issue non-Collection collection notices stating 2393 the reason(s) the materials were not Collected. The non-Collection collection notice shall be 2394 affixed prominently onto the Cart to ensure that it is not inadvertently removed from 2395 Cart due to weather conditions. The non-Collection collection notices must be protected from 2396 rain, if precipitation is present or forecasted, by placing the notice in a clear plastic 2397 bag prior to affixing to Cart. 2398 Contractor shall document the use of non-Collection collection notices by recording the date 2399 and time of issuance, address of service recipient, reason(s) for issuance, name of 2400 employee who issued the notice, and truck and route numbers. The notice shall 2401 conform to the requirements specified in Section 6.03.A, be at least two inches by 2402 six inches (2" x 6") in size and shall be approved by the SBWMA. The non- 2403 Collection collection notices must identify the steps the Generator must take to recommence 2404 Collection service. In the event a Container is not Collected collected due to excessive 2405 Contamination and Customer does not take the necessary steps to recommence 2406 Collection service, Contractor Customer shall bill the Customer be assessed a fee approved by Agency for Collection of the excessive 2407 Contamination at Agency-approved Charges specified in Attachment Q. The 2408 Agency-approved Charges includesContainer as Solid Waste by Contractor. This additional fee charged to Customer may include: (i) a return trip Charge, and, charge and (ii) an a extra Solid 2409 Waste Collection Chargecharge. 2410 2193 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2235 2236 2237 Contractor shall report monthly to Agency any non-Collection collection notices issued. 2411 Contractor shall take direction from the Agency with regard to termination or 2412 reinstatement of service to a service recipient due to numerous non-Collection 2413 collection notices issued to the same Customer. 2414 G. Collection of Excess Materials (Overages). Contractor shall direct its employees 2415 to Collect an Overage on two (2) occasions each Rate Year at no additional cost to 2416 Customer. Contractor must provide a notice to Customer documenting the Overage 2417 in order to count the Overage Collection towards the allocated two (2) per Rate 2418 Year for each Customer. Customers that place an Overage for Collection for a third 2419 and subsequent events, may be assessed an Overage fee by Contractor if 2420 Contractor has directly contacted the Customer via a phone call or voice message 2421 notifying them of the Overage Collected. Contractor shall bill Customer for a third 2422 and subsequent Overage events at Agency-approved Charges specified in 2423 Attachment Q. Contractor shall provide Customers the opportunity to request an 2424 Overage Collection service in advance. In such case, Contractor shall bill the 2425 Customer at the Agency-approved Charge specified in Attachment Q. 2426 Contractor shall provide Customers the opportunity to subscribe to Overage 2427 Collection service, in advance, or purchase Overage bag(s) from the Contractor. 2428 Contractor shall provide Customers the opportunity to purchase Overage bags 2429 through its Customer service department or electronically via Contractor’s website. 2430 The Overage bag(s) shall have markings identifying it as the Contractor’s Overage 2431 bag. Contractor shall mail or deliver Overage bags to Customers within three (3) 2432 Business days of Customer’s request. The Charge for Overage bags is specified in 2433 Attachment Q and includes all aspects of purchasing the bags, printing, and 2434 distribution (i.e., mailing or direct delivery by Contractor). Customers shall also be 2435 provided the opportunity to purchase Overage bags at Contractor’s local office. The 2436 quantity of Overage bags per request from Customer shall be limited to five (5) per 2437 request. 2438 If the Agency and/or Contractor receive numerous Complaints (as determined by 2439 the Agency) from Customers regarding Customer dissatisfaction with the 2440 requirement to purchase Overage bags, the Agency reserves the right to require the 2441 Contractor to modify its Overage program to better serve its Customers and/or 2442 require the Customer to subscribe to additional Collection service. 2443 H. Care of Private Property. Contractor shall not damage private property. 2444 Contractor shall ensure that its employees: (i) close all gates opened in making 2445 Collections, unless otherwise directed by the Customer, (ii) do not cross landscaped 2446 areas, and (iii) do not climb or jump over xxxxxx and fences. 2447 Agency shall refer Complaints about damage to private property to Contractor. 2448 Contractor shall repair, to its previous condition, all damage to private or public 2449 property caused by its employees. 2450 Contractor shall endeavor to resolve all claims regarding damage to private property 2451 as soon as reasonably practicable following receipt thereof, made by Owners or 2452 Occupants of property served by Contractor, for damages to property including, but 2453 not limited to, Containers. In the event such damage shall have been caused by the 2454 negligence or intentional acts of Contractor, its officers, agents, or employees, 2455 Contractor shall promptly repair or replace such damaged property. The provisions 2456 of this Section 8.02.H shall not be deemed a limitation upon any other provisions of 2457 this Agreement, or any rights or remedies which may accrue to Agency by reason of 2458 Contractor’s acts or omissions to act hereunder. Contractor is required to repair 2459 damage and/or resolve claims regarding damage to property within thirty (30) Days 2460 of receipt of the Complaint. 2461 This Section 8.02.H shall not apply to damage to public or private roads or 2462 driveways caused by the weight of Contractor’s vehicles. If a Customer requests 2463 Contractor to provide on-premises (i.e., non-Curbside) service, and in doing so 2464 would require Contractor to drive its Collection vehicle on a private road or 0000 xxxxxxxx, then, as a condition to providing that service, Contractor shall require the 2466 Customer, property owner, or other responsible party to sign a reasonable waiver 2467 releasing Contractor from liability for such damage. 2468 I. Litter Abatement 2469 1. Minimization of Spills. If any Solid Waste, Targeted Recyclable Materials, or 2470 Organic Materials are spilled or scattered during Collection or transportation 2471 operations, the Contractor shall promptly clean up all spilled and scattered 2472 materials. Contractor shall use due care to prevent vehicle oil, vehicle fuel, or 2473 other liquids from being spilled during Collection or transportation operations 2474 including maintenance of the Collection vehicles to minimize and correct any 2475 leaks. Contractor shall ensure that all liquid spills or leaked liquids or fluids are 2476 cleaned up promptly on the same day that they occur. 2477 Contractor shall not transfer loads from one vehicle to another on any public 0000 xxxxxx, unless it is necessary to do so because of mechanical failure, 2479 emergency (e.g., combustion of material in the vehicle), accidental damage to 2480 a vehicle, or unless approved by the Agency.

Non-Collection Notices. Contractor may choose not to Collect materials for the 2388 following reasons: (i) Source Separated or Targeted Recyclable Materials or 2389 Organic Materials do not comply with the allowable Contamination thresholds; (ii) 2390 materials contain Hazardous Waste; or (iii) the loaded weight of a Container 2391 exceeds the maximum load limit specified by the Cart manufacturer and specified in 2392 Attachment D. In such case, Contractor shall issue non-Collection notices stating 2393 the reason(s) the materials were not Collected. The non-Collection notice shall be 2394 affixed prominently onto the Cart to ensure that it is not inadvertently removed from 2395 Cart due to weather conditions. The non-Collection notices must be protected from 2396 rain, if precipitation is present or forecasted, by placing the notice in a clear plastic 2397 bag prior to affixing to Cart. 2398 Contractor shall document the use of non-Collection notices by recording the date 2399 and time of issuance, address of service recipient, reason(s) for issuance, name of 2400 employee who issued the notice, and truck and route numbers. The notice shall 2401 conform to the requirements specified in Section 6.03.A, be at least two inches by 2402 six inches (2" x 6") in size and shall be approved by the SBWMA. The non- 2403 Collection notices must identify the steps the Generator must take to recommence 2404 Collection service. In the event a Container is not Collected due to excessive 2405 Contamination and Customer does not take the necessary steps to recommence 2406 Collection service, Contractor shall bill xxxx the Customer for Collection of the excessive 2407 Contamination at Agency-approved Charges specified in Attachment Q. The 2408 Agency-approved Charges includes: (i) a return trip Charge, and, (ii) an extra Solid 2409 Waste Collection Charge. 2410 Contractor shall report monthly to Agency any non-Collection notices issued. 2411 Contractor shall take direction from the Agency with regard to termination or 2412 reinstatement of service to a service recipient due to numerous non-Collection 2413 notices issued to the same Customer. 2414 G. Collection of Excess Materials (Overages). Contractor shall direct its employees 2415 to Collect an Overage on two (2) occasions each Rate Year at no additional cost to 2416 Customer. Contractor must provide a notice to Customer documenting the Overage 2417 in order to count the Overage Collection towards the allocated two (2) per Rate 2418 Year for each Customer. Customers that place an Overage for Collection for a third 2419 and subsequent events, may be assessed an Overage fee by Contractor if 2420 Contractor has directly contacted the Customer via a phone call or voice message 2421 notifying them of the Overage Collected. Contractor shall bill xxxx Customer for a third 2422 and subsequent Overage events at Agency-approved Charges specified in 2423 Attachment Q. Contractor shall provide Customers the opportunity to request an 2424 Overage Collection service in advance. In such case, Contractor shall bill xxxx the 2425 Customer at the Agency-approved Charge specified in Attachment Q. 2426 Contractor shall provide Customers the opportunity to subscribe to Overage 2427 Collection service, in advance, or purchase Overage bag(s) from the Contractor. 2428 Contractor shall provide Customers the opportunity to purchase Overage bags 2429 through its Customer service department or electronically via Contractor’s website. 2430 The Overage bag(s) shall have markings identifying it as the Contractor’s Overage 2431 bag. Contractor shall mail or deliver Overage bags to Customers within three (3) 2432 Business days of Customer’s request. The Charge for Overage bags is specified in 2433 Attachment Q and includes all aspects of purchasing the bags, printing, and 2434 distribution (i.e., mailing or direct delivery by Contractor). Customers shall also be 2435 provided the opportunity to purchase Overage bags at Contractor’s local office. The 2436 quantity of Overage bags per request from Customer shall be limited to five (5) per 2437 request. 2438 If the Agency and/or Contractor receive numerous Complaints (as determined by 2439 the Agency) from Customers regarding Customer dissatisfaction with the 2440 requirement to purchase Overage bags, the Agency reserves the right to require the 2441 Contractor to modify its Overage program to better serve its Customers and/or 2442 require the Customer to subscribe to additional Collection service. 2443 H. Care of Private Property. Contractor shall not damage private property. 2444 Contractor shall ensure that its employees: (i) close all gates opened in making 2445 Collections, unless otherwise directed by the Customer, (ii) do not cross landscaped 2446 areas, and (iii) do not climb or jump over xxxxxx and fences. 2447 Agency shall refer Complaints about damage to private property to Contractor. 2448 Contractor shall repair, to its previous condition, all damage to private or public 2449 property caused by its employees. 2450 Contractor shall endeavor to resolve all claims regarding damage to private property 2451 as soon as reasonably practicable following receipt thereof, made by Owners or 2452 Occupants of property served by Contractor, for damages to property including, but 2453 not limited to, Containers. In the event such damage shall have been caused by the 2454 negligence or intentional acts of Contractor, its officers, agents, or employees, 2455 Contractor shall promptly repair or replace such damaged property. The provisions 2456 of this Section 8.02.H shall not be deemed a limitation upon any other provisions of 2457 this Agreement, or any rights or remedies which may accrue to Agency by reason of 2458 Contractor’s acts or omissions to act hereunder. Contractor is required to repair 2459 damage and/or resolve claims regarding damage to property within thirty (30) Days 2460 of receipt of the Complaint. 2461 This Section 8.02.H shall not apply to damage to public or private roads or 2462 driveways caused by the weight of Contractor’s vehicles. If a Customer requests 2463 Contractor to provide on-premises (i.e., non-Curbside) service, and in doing so 2464 would require Contractor to drive its Collection vehicle on a private road or 0000 xxxxxxxx2465 driveway, then, as a condition to providing that service, Contractor shall require the 2466 Customer, property owner, or other responsible party to sign a reasonable waiver 2467 releasing Contractor from liability for such damage. 2468 I. Litter Abatement 2469 1. Minimization of Spills. If any Solid Waste, Targeted Recyclable Materials, or 2470 Organic Materials are spilled or scattered during Collection or transportation 2471 operations, the Contractor shall promptly clean up all spilled and scattered 2472 materials. Contractor shall use due care to prevent vehicle oil, vehicle fuel, or 2473 other liquids from being spilled during Collection or transportation operations 2474 including maintenance of the Collection vehicles to minimize and correct any 2475 leaks. Contractor shall ensure that all liquid spills or leaked liquids or fluids are 2476 cleaned up promptly on the same day that they occur. 2477 Contractor shall not transfer loads from one vehicle to another on any public 0000 xxxxxx2478 street, unless it is necessary to do so because of mechanical failure, 2479 emergency (e.g., combustion of material in the vehicle), accidental damage to 2480 a vehicle, or unless approved by the Agency.