Agmt10 Recology San Mateo County

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• • 2187 Contractor shall report monthly to Agency any non - collection notices issued. 2188 Contractor shall take direction from the Agency with regard to termination or 2189 reinstatement of service to a service recipient due to numerous non - collection 2190 notices issued to the same Customer. 2191 G. Collection of Excess Materials (Overages). Contractor shall direct its employees 2192 to Collect an Overage on two (2) occasions each Rate Year at no additional cost to 2193 Customer. Contractor must provide a notice to Customer documenting the Overage 2194 in order to count the Overage Collection towards the allocated two (2) per Rate 2195 Year for each Customer. Customers that place an Overage for Collection for a third 2196 and subsequent events, may be assessed an Overage fee by Contractor if 2197 Contractor documents said Overage with a photograph and sends the Customer a 2198 letter within two (2) Business Days notifying them of the Overage Collected. The 2199 Overage fee billed by Contractor to Customer for a third and subsequent Overage 2200 event is specified in Attachment Q. 2201 Contractor shall provide Customers the opportunity to subscribe to Overage 2202 Collection service, in advance, or purchase Overage bag(s) from the Contractor. 2203 Contractor shall provide Customers the opportunity to purchase Overage bags 2204 through its customer service department or electronically via Contractor's website. 2205 The Overage bag(s) shall have markings identifying it as the Contractor's Overage 2206 bag. Contractor shall mail or deliver Overage bags to Customers within three (3) 2207 Business days of Customer's request. The cost for Overage bags is specified in 2208 Attachment Q and includes all aspects of purchasing the bags, printing and 2209 distribution (i.e., mailing or direct delivery by Contractor). Customers shall also be 2210 provided the opportunity to purchase Overage bags at Contractor's local office. The 2211 quantity of Overage bags per request from Customer shall be limited to five (5) per 2212 request. 2213 If the Agency and /or Contractor receive numerous Complaints (as determined by 2214 the Agency) from Customers regarding Customer dissatisfaction with the 2215 requirement to purchase Overage bags, the Agency reserves the right to require the 2216 Contractor to modify its Overage program to better serve its Customers and /or 2217 require the Customer to subscribe to additional Collection service. 2218 H. Care of Private Property. Contractor shall not damage private property. 2219 Contractor shall ensure that its employees: (i) close all gates opened in making 2220 Collections, unless otherwise directed by the Customer, (ii) do not cross landscaped 2221 areas, and (iii) do not climb or jump over hedges and fences. 2222 Agency shall refer Complaints about damage to private property to Contractor. 2223 Contractor shall repair, to its previous condition, all damage to private or public 2224 property caused by its employees. 2225 Contractor shall endeavor to resolve all claims regarding damage to private property 2226 as soon as reasonably practicable following receipt thereof, made by Owners or 2227 Occupants of property served by Contractor, for damages to property including, but 2228 not limited to, Containers. In the event such damage shall have been caused by the 2229 negligence or intentional acts of Contractor, its officers, agents, or employees, 2230 Contractor shall promptly repair or replace such damaged property. The provisions 2231 of this Section 8.02.H shall not be deemed a limitation upon any other provisions of Franchise Agreement for Collection Services with Recology San Mateo County City of Redwood City ATTY /AGR/2010.014 040510 Page 56 of 115