Agmt21 Recology San Mateo County

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TERMS OF AMENDMENT ONE 1. DEFINITIONS 1.1 Attachment A Definitions. The following definitions are hereby added to Attachment A: a. 2021 Amendment means the amendment to the Agreement that the SBWMA Board approved, and recommended that each Member Agency enter into, on January 28, 2021. b. On-call Pick -Up means an On -Call Curbside Bulky Item Collection Service event or an on- call abandoned waste Collection service event. 2. BULKY ITEM AND ABANDONED WASTE COLLECTION SERVICES 2.1 Residential On -Call Bulky Item Collection Service. Section 5.05.H shall be amended to read as follows: H. Maximum Number of Daily Events. Contractor shall schedule up to a maximum of two hundred (200) On -Call Curbside Bulky Item Collection Service events per service day for the SBWMA Service Area ("daily limit"). The maximum number of daily events includes On -Call Bulky Item Collection Service events provided to both Single -Family and Multi - Family Residential Complexes, and those events provided at no charge and events paid for by the Customer, Owner, or property manager. Contractor shall schedule On -Call Curbside Bulky Item Collection Service events no more than ten (10) Business Days after the Owner's or Occupant's request up to the maximum number of daily events. Upon reaching the maximum number of daily events, requested On -Call Curbside Bulky Item Collection Service event shall be scheduled on the next available regularly scheduled Solid Waste Collection Day. SBWMA may adopt an allocation system for On -Call Bulky Item Collection Service events, in order to allocate the "daily limit" for such events among Member Agencies. If adopted, Contractor shall comply with the allocation system. The Agency agrees not to assess Liquidated Damages if Contractor does not meet the ten (10) Business Day requirement if the delay has resulted from (i) the volume of On -Call Bulky Item Collection events being in excess of the "daily limit" for the SBWMA Service Area or Agency, or (ii) the Customer's request to schedule the event on a date more than ten (10) Business Days in the future. Contractor shall notify the SBWMA when the daily average number of On -Call Pick -Up events reaches two hundred twenty-five (225) events, or any subsequently increased number of events mutually agreed by the SBWMA Board and Contractor, combined for Residential On -Call Bulky Item Collection service and abandoned waste Collection service, including On -Call Pick-ups provided at no charge and On -Call Pick-ups paid for by Customers, Owners or property managers) for the SBWMA service area. For the purpose of this Section, the daily average number of On -Call Pick-ups shall be calculated on a weekly basis as the total number of On -Call Pick -Ups performed Monday through Friday divided by the number of Collection days in the week (e.g., typically five (5) days, except four (4) days for weeks with a Holiday). When this threshold occurs for four (4) consecutive weeks, Contractor shall provide SBWMA with reports documenting these REV: 04-29-2021MI ATTY/AGR.2021/Amend. No.1/Recology San Mateo County (Solid Waste Franchise Agreement) (Page 2 of 7)