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July 15, 2024 Page 37 City of San Leandro/ACI Franchise Agreement intended to be an internship, or entry-level role, and that the role shall not include serving as regular 1463 support for other internal or administrative Contractor functions. City shall have the option to 1464 participate in the hiring and training process of Contractor’s Sustainability Specialist(s). City shall 1465 also hire a full-time corresponding staff member who will work in partnership with Contractor’s 1466 Sustainability Specialist(s), Contractor shall have the option to participate in the training of such City 1467 employee. 1468 In the event that Contractor fails to provide the required number of full-time equivalent 1469 Sustainability Specialists for more than four (4) months (eighteen [18] consecutive weeks), 1470 Contractor shall remit to the City $14,500 per un-provided Sustainability Specialist for every month 1471 (in excess of four [4] months) such employee is not provided. Such amount shall be adjusted 1472 annually by the same percentage used to adjust Rates in accordance with Exhibit E. For example, if 1473 for six (6) months Contractor provides only one (1) employee, rather than the required two (2), 1474 Contractor would remit to the City a minimum of $29,000 (assuming no annual adjustment of the 1475 amount has occurred). Contractor shall remit such payment within fifteen (15) Business Days of a 1476 written request by the City. The intent of this payment is for the City to utilize the funds to 1477 separately procure equivalent public education services and ensure the contractually agreed upon 1478 levels of technical assistance and outreach to Customers. In the event that the City, in its sole 1479 discretion, determines that Contractor has demonstrated a good faith effort, but has been unable 1480 to fulfil the requirements of this Section 5.7.F within the timelines described herein, the City shall 1481 have the right to waive this requirement though written notice to the Contractor. 1482 For the purposes of determining if a Sustainability Specialist is being provided in accordance with 1483 the preceding paragraph, the position shall not be considered vacant if the individual filling the 1484 position is on vacation, sick leave, other authorized time off, worker’s compensation leave, or leave 1485 under the Family Medical Leave Act for a period of up to four (4) months so long as Contractor 1486 continues to adequately perform its obligations under this Agreement. 1487 G. Wages and Benefits. Wages and benefits applicable to employees performing work under the 1488 Agreement shall not be less than those stated in the San Leandro Municipal Code Chapter 1-6, Living 1489 Wage. Contractor shall maintain compliance with the City’s Living Wage Ordinance throughout the 1490 Term of this Agreement. 1491 5.7 HAZARDOUS WASTE INSPECTION AND HANDLING 1492 A. Inspection Program and Training. Contractor shall develop a load inspection program that includes 1493 the following components: (i) personnel and training; (ii) load checking activities; (iii) management 1494 of wastes; and, (iv) record keeping and emergency procedures. 1495 Contractor’s load checking personnel, including its Collection vehicle drivers, shall be trained in: (i) 1496 the effects of Hazardous Substances on human health and the environment; (ii) identification of 1497 prohibited materials; and, (iii) emergency notification and response procedures. Collection vehicle 1498 drivers shall inspect Containers before Collection when practical. 1499 B. Response to Excluded Waste Identified During Collection. If Contractor determines that material 1500 placed in any Container for Collection is Excluded Waste or presents a hazard to Contractor's 1501 employees, the Contractor shall have the right to refuse to accept such material. The Generator 1502 shall be contacted by the Contractor and requested to arrange proper Disposal. If the Generator 1503 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A