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July 15, 2024 Page 38 City of San Leandro/ACI Franchise Agreement cannot be reached immediately, the Contractor shall, before leaving the Premises, leave a Non-1504 Collection Notice, which indicates the reason for refusing to Collect the material and lists the phone 1505 number of a facility that accepts the Excluded Waste or a phone number of an entity that can 1506 provide information on proper Disposal of the Excluded Waste. Under no circumstances shall 1507 Contractor’s employees knowingly Collect Excluded Waste or remove unsafe or poorly 1508 containerized Excluded Waste from a Collection Container. 1509 If Excluded Waste is found in a Collection Container or Collection area that could possibly result in 1510 imminent danger to people or property, the Contractor shall immediately notify the Fire 1511 Department. 1512 C. Response to Excluded Waste Identified At Processing or Disposal Facility. Materials Collected by 1513 Contractor will be delivered to the applicable Approved or Designated Facility(ies) for purposes of 1514 Processing or Disposal. In the event that load checkers and/or equipment operators at such facility 1515 identify Excluded Waste in the loads delivered by Contractor, such materials shall be placed in an 1516 Excluded Waste storage Container(s) and removed following the Approved or Designated Facility’s 1517 protocols and in accordance with Applicable Laws and regulatory requirements. The cost of removal 1518 and proper handling and Disposal shall be the Contractor responsibility and Contractor may at its 1519 sole expense attempt to identify and recover the cost of Disposal from the Generator. If the 1520 Generator can be successfully identified, the cost of this effort, as well as the cost of Disposal shall 1521 be chargeable to the Generator. If the Generator cannot be successfully identified, the cost of this 1522 effort shall be recoverable by the Contractor through the Rate review process. 1523 5.8 CONTRACT MANAGEMENT 1524 City has designated staff, the City Contract Manager, to be responsible for the monitoring and 1525 administration of this Agreement. Contractor shall designate an employee to serve as Contractor’s 1526 Contract Manager(s), to be responsible for working closely with the City Contractor Manager in the 1527 monitoring and administration of this Agreement. At any point during the Term of this Agreement, the 1528 City may require that Contractor’s Contract Manager not be involved in the management, operations, 1529 administration, marketing, or other activities of Contractor other than under this Agreement and up to 1530 one (1) other community’s franchise agreement if Contractor’s Contract Manager is unable to devote the 1531 necessary time to Contractor’s obligations under this Agreement, provided that Contractor’s Contract 1532 Manager may be involved with up to two (2) other communities in order to respond to temporary, short-1533 term staffing turnover as needed. In such case, Contractor shall be responsible for notifying the City 1534 Contract Manager of such other community(ies), the length Contractor’s Contract Manager’s involvement 1535 therewith, and any change in assignments. In the event the Contractor’s Contract Manager(s) is not 1536 providing satisfactory responsiveness to City Contract Manager requests, City may require Contractor to 1537 appoint a new Contractor Contract Manager, which can include appointing a new Contractor Contract 1538 Manager who is part of the existing Contractor staff performing significant functions within the City, at no 1539 additional cost. 1540 The Contractor’s Contract Manager shall meet and confer with the City Contract Manager to resolve 1541 differences of interpretation and implement and execute the requirements of this Agreement in an 1542 efficient, effective manner that is consistent with the stated objectives of this Agreement. 1543 From time to time, the City Contract Manager may designate other agents of City to work with Contractor 1544 on specific matters. In such cases, those individuals should be considered designates of the City Contract 1545 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A