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• • <br /> 2499 allow Customer to exchange Containers for a Container of a different size at no <br /> 2500 additional cost and shall replace Containers within five (5) Business Days of <br /> 2501 Customer request. Upon written approval from Agency, Contractor shall allow <br /> 2502 Customers to rent or purchase additional Carts and shall be entitled to bill <br /> 2503 Customers as specified in Attachment Q. <br /> 2504 F. Agency's Rights to Containers. All Carts, Bins, Compactors, and Drop Boxes <br /> 2505 purchased or leased by Contractor and put into service at Customers' Premises <br /> 2506 before the first anniversary of the Commencement Date shall become property of <br /> 2507 the Agency upon expiration or early termination of this Agreement. All Carts, Bins, <br /> 2508 Containers, and Drop Boxes purchased or leased and put into service at <br /> 2509 Customers' Premises on or after the first anniversary of the Commencement Date <br /> 2510 that have not been fully depreciated shall be available to the Agency, at the <br /> 2511 Agency's option, at their net book value. <br /> 2512 At its sole discretion, the Agency may elect not to exercise its rights under this <br /> 2513 subsection. In such case, the Containers shall remain the property of the Contractor <br /> 2514 upon the expiration or earlier termination of this Agreement. In such case, <br /> 2515 Contractor shall be responsible for removing all Containers in service from <br /> 2516 Premises within ten (10) Business Days. <br /> 2517 8.06 PERSONNEL <br /> 2518 A. General. Contractor shall furnish such qualified drivers, mechanical, supervisory, <br /> 2519 customer service, clerical and other personnel as may be necessary to provide the <br /> 2520 services required by this Agreement in a safe, thorough, professional and efficient <br /> 2521 manner and shall provide, at a minimum, the number and type of personnel listed in <br /> 2522 Attachment O. All personnel furnished by Contractor shall be subject to the <br /> 2523 "relationship of parties" provisions of Section 15.01. <br /> 2524 B. Employees of Previous Contractor. The Contractor shall offer employment to <br /> 2525 Collection vehicle drivers and helpers, mechanics, technicians, welders, and shop <br /> 2526 laborers by seniority under the Agreement who are qualified employees working <br /> 2527 under the prior franchise agreement who would otherwise become unemployed by <br /> 2528 reason of the change in contractors, provided that (i) the Contractor shall not be <br /> 2529 obligated to offer employment to more existing employees than the Contractor <br /> 2530 needs to perform the services required under this Agreement and (ii) the Contractor <br /> 2531 shall not be obligated to offer employment to existing employees that have not been <br /> 2532 employed by the Previous Contractor for at least one - hundred - twenty (120) Days <br /> 2533 immediately prior to the Commencement Date. <br /> 2534 For the purposes of Section 8.06.B, "qualified employee" shall mean an employee <br /> 2535 who: (i) is eligible for employment under federal and state law, (ii) meets the <br /> 2536 Contractor's minimum employment standards for new employees, (iii) is in a <br /> 2537 bargaining unit covered by collective bargaining agreements between the Previous <br /> 2538 Contractor and Teamsters Local 350 or Machinists Local 1414, (iv) does not <br /> 2539 present a demonstrable danger to customers, co- workers or employees of the <br /> 2540 Agency or the Collection Contractor and (v) possesses a valid and proper <br /> 2541 commercial driver's license and California Department of Transportation medical <br /> 2542 certificate. <br /> Franchise Agreement for Collection Services with Recology San Mateo County <br /> City of Redwood City <br /> ATTY /AGR/2010.014 <br /> 040510 Page 63 of 115 <br />