Common use of Collection Equipment Clause in Contracts

Collection Equipment. A. Any and all vehicles used by Franchisee to perform solid waste collection services shall be inspected annually and meet all requirements related to health and safety, specifications, vehicle inspections, certification and covered load requirements of EGMC Title 30, Sections 30.50.060, 070, and 080. B. Franchisee shall submit a vehicle inventory of Franchisee’s vehicles triennially, as required by EGMC Section 30.50.070 (B), which shall include but not be limited to, vehicle number, year, make, model, capacity, and vehicle identification number (VIN). Franchisee’s vehicle inventory shall be submitted in a form and manner approved by the City. C. Franchisee shall maintain a current list of its vehicles and shall submit to City an amended vehicle inventory upon request of the City or upon any changes in the inventory, such as new or replacement vehicles, as required by EGMC Section 30.50.070 (D). D. Collection Vehicle Size Limitations / Overweight Vehicle Charge. Franchisee may not use any Collection vehicle for Collection Service in violation of weight limitations set forth in Applicable Law. Franchisee may be assessed liquidated damages as set forth in Exhibit C as a result of exceeding the total overweight vehicle rate of ten percent (10%) annually, during the term of the Contract. The overweight vehicle rate will be calculated as the total number of overweight collection vehicle instances during each month, divided by the total number of collection vehicle loads transported during the same corresponding month. Prior to collecting administrative charges for overweight vehicles, the City shall afford Franchisee a reasonable opportunity to provide the Contract Administrator documentation of the extraordinary circumstance that caused the overweight vehicles. Extraordinary circumstances in this particular case include, but may be limited to, heavy rains or high winds that caused excess Organic Recyclable Material to be generated, rain to accumulate in open Collection Containers, or normal Collection routes to be delayed or shortened to extreme weather conditions. The City shall have authority to consider Franchisee's documentation and uphold and collect the assessed charge, to reduce the charge, or waive and dismiss the charge. The CITY shall also have the authority to waive charges in advance of an anticipated, or in response to and actual, emergency event.