Complete_with_Docusign_San_Leandro_and_ACI_C

Home

July 15, 2024 Page 34 City of San Leandro/ACI Franchise Agreement program; acceptable materials; prohibited materials; notification forbidding Hazardous Waste and 1338 describing proper Disposal thereof; and notification forbidding scavenging (through words and 1339 international symbols) and describing the penalties therefore under California law or City 1340 Resolution. 1341 Contractor shall provide Drop Boxes containing fully SB 1383 compliant labeling and color 1342 specifications to Customers subscribing to regular, ongoing Drop Box service, subject to Section 1343 5.5.B.8. 1344 D. Repair and Replacement of Containers; Inventory. 1345 1. Contractor shall be responsible for repairing or replacing Containers when Contractor 1346 determines the Container is no longer suitable for service; or when the City or Customer 1347 requests replacement of a Container that does not properly function, leaks, is damaged, or is 1348 otherwise not fit for service. Contractor shall be responsible for acquiring and providing the 1349 replacement Containers. Contractor shall repair or replace all lost, stolen, missing, damaged, 1350 or broken Containers (except Public Litter Containers that shall be maintained in accordance 1351 with Section 4.9) within one (1) week of Customer or City request. Any such replacements are 1352 in addition to replacements requested by a Customer under Section 5.5.D.3 below. In the 1353 event that Contractor has reason to believe that a Customer may be abusing the repair and 1354 replacement requirement of this Section, Contractor may present the basis for their belief to 1355 the City Contract Manager who may, in their sole discretion, modify how the obligations of 1356 this Section are applied to such Customer. 1357 2. Contractor shall maintain a sufficient inventory of Containers to accommodate new Customer 1358 requests for service, requests for change in Service Levels (size, type, or number of 1359 Containers) from current Customers, and requests for replacement due to damage. 1360 3. Contractor shall provide to Single-Family Customers at least one (1) free Cart replacement per 1361 any twelve (12) month period for any reason, upon Customer request. If Customer requests 1362 more than one (1) Cart replacement per any twelve (12) month period, Contractor shall make 1363 Carts available at the City-approved Rate for such services. In addition, Customers may also 1364 request one (1) Cart size exchange per Rate Period at no charge. All such Containers shall be 1365 provided on or before Customer’s next regular Collection date. Contractor’s failure to comply 1366 with the Container requirements may result in assessment of Liquidated Damages pursuant 1367 to Section 10.6 and Exhibit F. 1368 4. Contractor shall maintain an inventory of one (1) gallon kitchen pails to provide to Residential 1369 Customers and Multi-Family Occupants, with replacement pails to be provided upon request. 1370 Contractor may replenish the inventory in a manner to meet the annual demand for kitchen 1371 pails using funds allocated within the education and outreach budget described in Exhibit C. 1372 E. Maintenance, Cleaning, Painting. All Containers shall be maintained in a safe, serviceable, and 1373 functional condition and present a clean appearance. Such maintenance shall include but not be 1374 limited to ensuring that Bins have operational wheels if equipped. Contractor shall repair or replace 1375 all Containers damaged by Collection operations in accordance with standards specified in Section 1376 5.5.D and Section 4.9 for Public Litter Containers, unless damage is caused by Customer's gross 1377 negligence, in which case, the Customer will be billed for repair or replacement of Container at a 1378 City-approved Rate for such service. All Containers shall be maintained in a functional condition. 1379 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A