Agmt10 Recology San Mateo County

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. • 3794 ARTICLE 12 AGENCY RIGHT TO USE EQUIPMENT AND FACILITIES 3795 12.01 PURPOSE 3796 The Parties recognize (i) that frequent and continuous collection of Solid Waste, 3797 Targeted Recyclable Materials and Organic Materials is an essential public service and 3798 an important element of public health in developed communities such as Agency, and (ii) 3799 that even a temporary interruption in the Collection and transport services entrusted to 3800 Contractor may threaten the public health and safety, as well as causing serious 3801 financial harm to business operations in the Agency. 3802 The purpose of this Article is to provide the Agency the ability to respond to such threats 3803 to the public health, safety and welfare by making use of Contractor's Facilities and 3804 equipment. This Article applies to any interruption of services, regardless of whether or 3805 not Contractor's failure to perform is excused under Section 14.09. 3806 12.02 CONDITIONS AUTHORIZING AGENCY'S RIGHT TO USE OF FACILITIES AND 3807 EQUIPMENT 3808 If Contractor, for any reason, fails, refuses or is unable to Collect Solid Waste, Targeted 3809 Recyclable Materials and Organic Materials at the times and in the manner required by 3810 this Agreement, and transport them to the Designated Transfer and Processing Facility, 3811 for more than two (2) Business Days, Agency may invoke this Article. Agency shall 3812 provide Contractor written notice that it intends to consider invoking this Article at a 3813 public meeting of its governing body, to be held two (2) or more Business Days from the 3814 date of the notice. 3815 At the meeting, the governing body may invoke its rights under this Article if it 3816 determines that there has been an interruption in Collection service and that such 3817 interruption may continue, thereby threatening the public health, safety and welfare. If 3818 the governing body makes that determination, it may also determine to exercise the 3819 Agency's right to (i) perform Collection and transport services with its own personnel 3820 and /or those of other Member Agencies which have invoked this right under their 3821 Franchise Agreements with Contractor or authorize a third party to do so, and (ii) take 3822 possession of any of Contractor's property, including vehicles and other equipment used 3823 or useful in providing such services or in the Billing and collection of fees for such 3824 services (collectively "Properties "). 3825 12.03 NOTICE TO CONTRACTOR 3826 Agency shall deliver written notice to Contractor of its determination to exercise its right 3827 to provide Collection services and to make use of Contractor's Properties to do so. 3828 Upon receipt of the notice, Contractor shall immediately take all steps necessary to 3829 make available to Agency any of its vehicles and equipment that are requested by 3830 Agency. Contractor shall also cooperate in any other way requested by Agency to assist 3831 Agency in providing Collection services on a temporary basis. 3832 12.04 RIGHTS AND RESPONSIBILITIES OF PARTIES 3833 Agency will be responsible for the proper use and operation of Contractor's Properties, 3834 including maintenance and repair of vehicles and equipment. Agency will defend, Franchise Agreement for Collection Services with Recology San Mateo County City of Redwood City ATTY /AGR/2010.014 040510 Page 95 of 115