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 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 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 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 2465 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 2478 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.

Non-Collection Notices. Contractor may choose not to Collect materials for the 2388 following reasons: (i1) Source Separated or Targeted Recyclable Materials or 2389 Organic Materials do not comply with the allowable Contamination contamination thresholds; (ii2) 2390 materials contain Hazardous Waste; or (iii3) the loaded weight of a Container 2391 exceeds the maximum load limit specified by the Cart manufacturer and specified in 2392 Attachment D. manufacturer. In such case, Contractor shall issue nonNon-Collection notices Notices stating 2393 the reason(s) the materials were not Collected. The nonNon-Collection notice 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 nonNon-Collection notices Notices must be protected from 2396 rain, if precipitation is present or forecasted, by placing the notice Notice in a clear plastic 2397 bag prior to affixing to Cart. 2398 Contractor shall document the use of nonNon-Collection notices by Notices recording the date 2399 and time of issuance, address of service recipient, reason(s) reason for issuance, and name of 2400 employee who issued the notice, and truck and route numbers. The warning 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 SBWMAsize. The non- 2403 Non-Collection notices 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 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 nonNon-Collection notices 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 nonNon-Collection 2413 notices 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 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 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 2465 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 2478 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.

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 xxxx 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 xxxx 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 xxxx 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 2465 driveway0000 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 2478 street0000 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 xxxx 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 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 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 2465 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 2478 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.

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 Upon identification of Prohibited Container Contaminants in a Container 2391 exceeds the maximum load limit specified in excess of standards agreed upon by the Cart manufacturer and specified in 2392 Attachment D. In such caseParties 1139 or Excluded Waste, Contractor shall issue provide a non-Collection notices stating 2393 notice to the reason(s) the materials were not Collected1140 Generator. The non-Collection notice shall shall, at a minimum: (i) inform the 1141 Customer of the reason(s) for non-Collection; (ii) include the date and time the 1142 notice was left or issued; (iii) describe the premium charge to Customer for 1143 Contractor to return and Collect the Container after Customer removes the 1144 Contamination; and, (iv) provide a warning statement that a contamination 1145 Processing fee may be 2394 affixed prominently onto the Cart to ensure that it is not inadvertently removed from 2395 Cart due to weather conditionsassessed if Prohibited Container Contaminants are 1146 observed on more than three (3) consecutive occasions. The non-Collection notices must be protected from 2396 rain, if precipitation is present or forecasted, by placing 1147 notice shall include photographic evidence of the violation(s). 1148 The Contractor’s notice in a clear plastic 2397 bag prior to affixing to Cart. 2398 Contractor shall document the use of non-Collection notices may be left attached to or adhered to 1149 the Generator’s Container, or at the Premises’ door or gate at the time the 1150 violation occurs, or subject to County’s approval, may be delivered by recording the date 2399 and time mail, e- 1151 mail, text message, or other electronic message. 1152 Contractor shall submit a sample of issuance, address of service recipient, reason(s) for issuance, name of 2400 employee who issued the notice, and truck and route numbers. The its non-Collection notice shall 2401 conform to the requirements specified in Section 6.03.A, be at least two inches by 2402 six inches (2" x County 1153 Contract Manager for approval prior to implementing use of it with Customers. 1154 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 serviceCommunications with Customer. In the event Whenever a Container at the Premises of a 1155 Customer is not Collected, Contractor shall contact the Customer on the 1156 scheduled Collection day or within twenty four (24) hours of the scheduled 1157 Collection day by telephone, email, text message, or other verbal or electronic 1158 message to explain why the Container was not Collected. Whenever a Container 1159 is not Collected due to excessive 2405 Contamination and because of Prohibited Container Contaminants, a Customer does not take the necessary steps to recommence 2406 Collection service, Contractor 1160 service representative shall 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 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 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 contact 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 areasdiscuss, and (iii) do not climb or jump over xxxxxx encourage the 1161 Customer to adopt proper Discarded Materials preparation 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 2465 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 2478 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 Agencyseparation 1162 procedures.

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 xxxx 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 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 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 2465 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 2478 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.