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<br />1 4.03.3 Transition from Compensated Commercial, Industrial and <br />2 Institutional Recycling. At any time after the first year of the Agreement, the Agency at <br />3 its sole discretion may determine that Contractor has not demonstrated significant cost- <br />4 effective progress toward the overall commercial landfill diversion levels described in <br />5 Section 4.05. Upon such determination, Agency may upon 90 days written notice to <br />6 Contractor, transition from the current non-exclusive but compensated services offered <br />7 by Contractor described in Section 4.03.2 to an open non-compensated competitive, free <br />8 market system of collection by private recyclers or non-exclusive permitted system <br />9 utilizing one or more service providers. Contractor shall not be entitled to any <br />10 reimbursement for costs associated with Commercial Recycling after the 90 day <br />11 notification as described above. <br />12 <br />13 Contractor shall assist in this transition by helping the Agency educate <br />14 current commercial Waste Generators as to the change in the system and the impact of <br />15 the change (e.g., change in recycler, separate fee for Recycling) and how they can reduce <br />16 their overall Solid Waste bill by reducing the amount of Solid Waste disposed. <br />17 <br />18 The Agency reserves the right to allow an unregulated system, implement <br />19 a permit system or use a non-exclusive system. The Agency shall also retain the right to <br />20 alter or reduce the commercial Recycling services provided by the Contractor as <br />21 described in Section 4.03.2 (e.g., Contractor only Collects from small quantity Waste <br />22 Generators or mixed Recyclable Material loads). <br />23 <br />24 4.04 Plant Materials Program. <br />25 <br />26 4.04.1 Plant Materials Collection. Contractor shall collect Plant Materials <br />27 from residential Waste Generators a minimum of once every other week, and <br />28 Commercial, Industrial, and Institutional Service Recipients within the Agency's <br />29 geographic limits, a minimum of once per week. Plant Materials Collection may be on <br />30 the same day as the Collection of Solid Waste. The Collection day may be changed if <br />31 prior written approval is received from Agency. Contractor shall notify service <br />32 recipients at least two (2) weeks in advance of any scheduled Plant Materials and <br />33 Recycling Collection day change(s), including those required due to route changes and <br />34 holidays such as Labor Day, Thanksgiving, Christmas, and New Year's Day. <br />35 <br />36 Initially, Commercial, Industrial and Institutional collection shall only be <br />37 provided to those Recipients who have a minimum of two cubic yards of Plant <br />38 Materials available for collection per week. All Plant Materials must fit safely within a <br />39 standard Plant Materials Container provided by Contractor or ()wner. As part of its <br />40 educational activities specified in Section 5.03, Contractor shall instruct residents as to <br />41 any necessary preparation of I'lant Materials, such as the cutting of large items, and the <br />42 appropriate use and placement of Plant Materials Containers. <br />43 <br /> Atty j Agrj2005.022 <br /> 060205 -15- <br />