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July 15, 2024 Page 27 City of San Leandro/ACI Franchise Agreement such procedures does not constitute a reason for non-Collection if the Discarded Materials may be 1055 safely and reasonably serviced. Contractor’s Route drivers shall dismount their Collection vehicles 1056 and reposition Containers as necessary to provide Collection service. Contractor may not require a 1057 Customer to set out the Customer’s Containers in such a manner that would block vehicle access to 1058 Customer’s driveway or garage. Contractor and Customers may mutually agree to uncommon 1059 service locations if necessary for Collection in specific areas (e.g., setting out all of the Carts in a 1060 court in a line down the middle of the court as opposed to Curbside). 1061 Contractor may refuse to Collect Recyclable Materials or Organic Materials Containers which are 1062 contaminated in accordance with Exhibit B, and shall leave an approved Non-Collection Notice 1063 informing Customer how to properly separate materials. Contractor shall perform at least one (1) 1064 Courtesy Collection per Rate Period per Customer of contaminated Recyclable Materials, at least 1065 one (1) Courtesy Collection per Rate Period per Customer of contaminated Organic Materials, and 1066 leave an approved Courtesy Notice notifying the Customer of the specific materials that have been 1067 incorrectly placed and informing the Customer in which Container the materials should be placed. 1068 Contractor shall increase the minimum number of Courtesy Collections made per Customer per 1069 Rate Period to two (2) per material stream if Contractor elects to perform and administer Customer 1070 contamination notices with an automated or on-board camera system. A Courtesy Collection of 1071 contaminated Recyclable Materials or Organic Materials may be made with a Solid Waste Collection 1072 vehicle, provided that the contaminants may safely and lawfully be Collected as Solid Waste. 1073 By way of example, and not limitation, the City and Contractor agree to the manner in which the 1074 following common occurrences will be addressed with regard to Non-Collection Notices and/or 1075 Courtesy Notices provided under this Agreement: 1076 Collect, leave Courtesy Notice Refuse Collection, leave Non-Collection Notice • Cart placement o Too close to another Cart o In front of/behind another Cart o Too close to a car, mailbox o Under tree, basketball hoop, or overhang o Wheels not against Curb o Cart on top of Curb instead of in the street o Cart facing the wrong way o Lid open • 1st (and 2nd if monitoring is performed with an automated or on-board camera system) instance of contamination in Recyclable Materials or Organic Materials Container in any one Rate Period • Container filled past “water line”, but safe to Collect, not likely to spill • Not safe to Collect • Contains hazardous, radioactive, biohazardous, or infectious materials • 2nd (or 3rd if monitoring is performed with an automated or on-board camera system) or more instance of non- hazardous contamination in any one Rate Period • Container filled past “water line”, and will likely spill material onto the ground if Collected • Solid Waste outside of a Container without a pre-paid Extra Service Tag • Container is overweight and may break if lifted or is unsafe to handle by Contractor personnel as determined in accordance with Contractor’s labor agreements or by the City Contract Manager. C. Litter Abatement. Contractor shall use due care to prevent spills or leaks of material placed for 1077 Collection, fuel, and other vehicle fluids while providing services under this Agreement. If any 1078 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A