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July 15, 2024 Page 26 City of San Leandro/ACI Franchise Agreement not replace Containers in such a manner that blocks the public right-of-way or bicycle lanes, 1012 regardless of how the Containers were placed for Collection. Contractor shall place the Containers 1013 upright with lids properly secured. Such proper placement is designated in the Exhibits for each 1014 Customer Type. 1015 Contractor, at the request of Customers, may provide special services including: (i) unlocking 1016 Containers; (ii) accessing Container enclosures with a key; or, (iii) pulling or pushing Containers 1017 before and after Collection. Contractor may charge Customers for such extra services at the Rates 1018 approved by City for such services. 1019 Contractor may require Customers on private roads to sign road damage liability waivers prior to 1020 operating on such private streets. Additionally, Contractor may require Customers (including groups 1021 of Customers and homeowners’ associations) requesting Collection service from on-property 1022 motor-courts to sign damage liability waivers indicating the Customer’s choice to receive Collection 1023 services in such manner, prior to operating on such private streets or motor-courts. If Customers 1024 requesting service on private roads or on-property motor-courts fail to sign such waivers, 1025 Contractor may, upon approval, which may or may not be conditional, from the City Contract 1026 Manager require them to receive service at the nearest public right of way. 1027 B. Non-Collection, Courtesy Noticing. Prior to the Commencement Date, Contractor shall develop, 1028 and submit to the City Contract Manager for review and approval: a template Non-Collection Notice, 1029 for use in instances of acceptable non-Collection of Discarded Materials; and, a template Courtesy 1030 Notice, for use in instances of improper set-out of Discarded Materials, which the Contractor, at its 1031 sole option, elects or is otherwise required by this Section to Collect as a courtesy to the Customer. 1032 Such notices shall be specific to the City of San Leandro. In the event that Contractor encounters 1033 circumstances at a Customer Premises that prevent the Contractor from Collecting Discarded 1034 Materials that have been placed for Collection, Contractor shall leave a Non-Collection Notice at the 1035 Customer Premises clearly explaining Contractor’s reason for refusal to Collect the Discarded 1036 Materials, including specific identification of improper Customer sorting or Container placement. 1037 Contractor shall not be required to Collect Discarded Materials which are reasonably believed to 1038 contain Excluded Waste, pursuant to the requirements of Section 5.7. If Contractor intentionally 1039 refuses to Collect Discarded Materials (including Cardboard overages), but does not leave a Non-1040 Collection Notice, it shall be considered a missed Collection per Section 4.9.3. Contractor may 1041 propose an alternative to a paper Non-Collection Notice left at Customer Premises (e.g., Customer 1042 notification via a phone call, email, or other electronic format) subject to City approval. Such an 1043 alternative must involve pro-active communication with Customer, initiated by Contractor. 1044 In the event that Contractor encounters circumstances at a Customer Premises that allow for safe 1045 Collection of Discarded Materials, but do not otherwise reflect proper set-out procedures 1046 (including, but not limited to, over-full Containers, spills not caused by the Contractor, Carts placed 1047 too close together, Carts placed in front of one another, Carts placed too close to parked cars), 1048 Contractor shall Collect the material and leave a Courtesy Notice at the Customer Premises clearly 1049 explaining how the Customer failed to comply with proper set-out procedures. Non-Collection and 1050 Courtesy Notices shall contain all the information required by Exhibit J.1.D.1. 1051 Contractor shall educate the public on proper set-out procedures designed to maximize the 1052 efficiency of Collection (e.g., Carts spaced three (3) feet apart). However, Contractor acknowledges 1053 that such procedures are not practical in all circumstances and failure of the Customer to follow 1054 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A