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July 15, 2024 Page 36 City of San Leandro/ACI Franchise Agreement determine whether staffing levels may be adjusted. If City and Contractor agree to a reduction in 1421 Contractor staffing levels, the resulting cost savings shall be reflected as an “Other Adjustment” 1422 during the next scheduled Rate adjustment, in accordance with Exhibit E. 1423 C. Driver Qualifications. All drivers must have in effect a valid driver’s license, of the appropriate class, 1424 issued by the California Department of Motor Vehicles. Contractor shall use the Class II California 1425 Department of Motor Vehicles employer “Pull Notice Program” to monitor its drivers for safety. 1426 D. Safety Training. Contractor shall provide suitable operational and safety training for all of its 1427 employees who operate Collection vehicles or equipment. Contractor shall train its employees 1428 involved in Collection to identify, and not to Collect, Excluded Waste. Upon the City Contract 1429 Manager’s request, Contractor shall provide a copy of its safety policy and safety training program, 1430 the name of its safety officer, and the frequency of its trainings. 1431 E. Key Personnel. Contractor shall make every reasonable effort to maintain the stability and 1432 continuity of Contractor’s staff assigned to perform the services required under this Agreement. 1433 Contractor shall notify the City of any changes in Contractor’s key staff to be assigned to perform 1434 the services required under this Agreement and shall obtain the approval of the City Contract 1435 Manager of all proposed key staff member changes, including the General Manager, Route 1436 Supervisor, Sustainability Specialist, and Customer Service Manager, who are to be assigned to 1437 perform services under this Agreement prior to any such performance. The City shall not 1438 unreasonably withhold approvals of staff changes and shall respond to approval requests of a 1439 staffing change within five (5) Business Days of Contractor’s notice to the City of such change. 1440 Notwithstanding City’s approval of Contractor’s personnel, Contractor shall not be relieved from 1441 any liability resulting from the work to be performed under this Agreement, nor shall Contractor be 1442 relieved from its obligation to ensure that its personnel maintain all requisite certifications, licenses, 1443 and the like, and Contractor shall at all times ensure that its personnel fully comply with Applicable 1444 Law. 1445 At any point during the Term of this Agreement, the City may request in writing, followed by a meet 1446 and confer with Contractor senior management, that any of Contractor’s employees be reassigned 1447 such that they no longer perform work directly relating to this Agreement. Such request by City shall 1448 provide a statement describing the reasonable cause for such request. Following such meet and 1449 confer period, if the Parties agree that such employee may be reassigned or legally terminated, 1450 Contractor shall remove the identified employee(s) from performing work directly related to this 1451 Agreement; the vacated position(s) must be filled by Contractor with a suitable replacement within 1452 ten (10) calendar days and Contractor shall immediately fill the vacated position with a temporary 1453 replacement, if required to perform without delay, all services required under this Agreement 1454 F. Sustainability Specialist. Contractor shall provide no less than two (2) full-time Sustainability 1455 Specialist(s) and maintain staff in such position through the Term of the Agreement. The duties of 1456 the Sustainability Specialist(s) will be focused on public education, community outreach, 1457 Commercial and Multi-Family site visits, and technical assistance, and will be substantially as 1458 described in Exhibit C, Public Education and Outreach Requirements. The Sustainability Specialist(s) 1459 shall be full-time, regular, professional positions, compensated in accordance with the wages shown 1460 in Contractor’s Proposal for such positions (which may also be called “Recycling Coordinators” or 1461 “Diversion Coordinators”). Contractor acknowledges that the Sustainability Specialist role is not 1462 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A