Common use of Non-Collection Notices Clause in Contracts

Non-Collection Notices. Contractor may choose not to collect materials for the following reasons: 1. Materials contain hazardous waste; or 2. The loaded weight of a container exceeds fifty (50) pounds, except that a Contractor-provided cart may exceed fifty (50) pounds but may not exceed the maximum weight recommended by the cart manufacturer; or 3. A container that is not set out in a location accessible to Contractor, and there is no agreement in place for special handling; or 4. The customer has been deemed delinquent due to non-payment of solid waste collection fees per Section 8.01(B). 5. For the collection of targeted recyclable materials only, contamination of such recyclable materials by municipal solid waste (MSW) or other non-recyclable materials. In such case, Contractor shall issue non-collection notices stating the reason(s) the materials were not collected. The non-collection notice shall be affixed prominently onto the container to ensure that it is not inadvertently removed from the container due to weather conditions. The non-collection notices must be protected from rain, if precipitation is present or forecasted, by placing the notice in a clear plastic bag prior to affixing to the container. Contractor shall document the use of non-collection notices by recording the date and time of issuance, address of service recipient, reason(s) for issuance, name of employee who issued the notice, and truck and route numbers. The posting of the notice shall be at least two inches by six inches (2" x 6") in size and shall be approved by County. The non-collection notices must identify the steps the customer must take to recommence collection service. The customer shall be assessed a fee approved by County for collection of the container as solid waste by Contractor. This additional fee charged to customer may include: 1. A return trip charge, and 2. An extra solid waste collection charge. Contractor shall report monthly to County any non-collection notices issued. Contractor shall take direction from

Non-Collection Notices. Contractor may choose not to collect materials for the following reasons: 1. Materials contain hazardous wasteHazardous Waste; or 2. The loaded weight of a container exceeds fifty (50) pounds, except that a Contractor-provided cart may exceed fifty (50) pounds but may not exceed the maximum weight recommended load limit specified by the cart manufacturer; or. 3. A container that Container is not set out in a location accessible to Contractor, and there is no agreement in place for special handling; or 4. The customer has been deemed delinquent due to non-payment of solid waste collection fees per Section 8.01(B). 5. For the collection of targeted recyclable materials only, contamination of such recyclable materials by municipal solid waste (MSW) or other non-recyclable materialsSpecial Handling. In such case, Contractor shall issue non-collection notices stating the reason(s) the materials were not collected. The non-collection notice shall be affixed prominently onto the container cart to ensure that it is not inadvertently removed from the container cart due to weather conditions. The non-collection notices must be protected from rain, if precipitation is present or forecasted, by placing the notice in a clear plastic bag prior to affixing to the containercart. Contractor shall document the use of non-collection notices by recording the date and time of issuance, address of service recipient, reason(s) for issuance, name of employee who issued the notice, and truck and route numbers. The posting of the notice shall conform to the requirements specified in Section 6.03.A, be at least two inches by six inches (2" x 6") in size and shall be approved by County. The non-collection notices must identify the steps the customer generator must take to recommence collection service. The customer Customer shall be assessed a fee approved by County for collection of the container as solid waste by Contractor. This additional fee charged to customer may include: 1. A return trip charge, and 2. An extra solid waste collection charge. Contractor shall report monthly to County any non-collection notices issued. Contractor shall take direction fromfrom County with regard to termination or reinstatement of service to a service recipient due to numerous non-collection notices issued to the same customer.

Non-Collection Notices. Contractor may choose not to collect Collect materials for the following reasons: 1. Materials contain hazardous wasteHazardous Waste; or 2. The loaded weight of a container Container exceeds fifty (50) pounds, except that a Contractor-provided cart waste ▇▇▇▇▇▇▇ may exceed fifty (50) pounds but may not exceed the maximum weight recommended by the cart waste ▇▇▇▇▇▇▇ manufacturer; or 3. A container Container that is not set out in a location accessible to Contractor, and there is no agreement in place for special handling; or 4. The customer has been deemed delinquent due to non-payment of solid waste collection fees per Section 8.01(B). 5. For the collection of targeted recyclable materials only, contamination of such recyclable materials by municipal solid waste (MSW) or other non-recyclable materialsSpecial Handling. In such case, Contractor shall issue non-collection Collection notices stating the reason(s) the materials were not collectedCollected. The non-collection Collection notice shall be affixed prominently onto the container Cart to ensure that it is not inadvertently removed from the container Cart due to weather conditions. The non-collection Collection notices must be protected from rain, if precipitation is present or forecasted, by placing the notice in a clear plastic bag prior to affixing to the containerCart. Contractor shall document the use of non-collection Collection notices by recording the date and time of issuance, address of service recipient, reason(s) for issuance, name of employee who issued the notice, and truck and route numbers. The posting of the notice shall conform to the requirements specified in Section 6.03.A, be at least two inches by six inches (2" x 6") in size and shall be approved by County. The non-collection Collection notices must identify the steps the customer Generator must take to recommence collection Collection service. The customer Customer shall be assessed a fee approved by County for collection Collection of the container Container as solid waste Solid Waste by Contractor. This additional fee charged to customer Customer may include: 1. A return trip charge, and 2. An extra solid waste collection Solid Waste Collection charge. Contractor shall report monthly to County any non-collection Collection notices issued. Contractor shall take direction fromfrom County with regard to termination or reinstatement of service to a service recipient due to numerous non-Collection notices issued to the same Customer.

Non-Collection Notices. Contractor may choose not to collect Collect materials for the following reasons: 1. Materials contain hazardous wasteHazardous Waste; or 2. The loaded weight of a container Container exceeds fifty (50) pounds, except that a Contractor-provided cart may exceed fifty (50) pounds but may not exceed the maximum weight recommended load limit specified by the cart Cart manufacturer; or. 3. A container that Container is not set out in a location accessible to Contractor, and there is no agreement in place for special handling; or 4. The customer has been deemed delinquent due to non-payment of solid waste collection fees per Section 8.01(B). 5. For the collection of targeted recyclable materials only, contamination of such recyclable materials by municipal solid waste (MSW) or other non-recyclable materialsSpecial Handling. In such case, Contractor shall issue non-collection Collection notices stating the reason(s) the materials were not collectedCollected. The non-collection Collection notice shall be affixed prominently onto the container Cart to ensure that it is not inadvertently removed from the container Cart due to weather conditions. The non-collection Collection notices must be protected from rain, if precipitation is present or forecasted, by placing the notice in a clear plastic bag prior to affixing to the containerCart. Contractor shall document the use of non-collection Collection notices by recording the date and time of issuance, address of service recipient, reason(s) for issuance, name of employee who issued the notice, and truck and route numbers. The posting of the notice shall conform to the requirements specified in Section 6.03.A, be at least two inches by six inches (2" x 6") in size and shall be approved by County. The non-collection Collection notices must identify the steps the customer Generator must take to recommence collection Collection service. The customer Customer shall be assessed a fee approved by County for collection Collection of the container Container as solid waste Solid Waste by Contractor. This additional fee charged to customer Customer may include: 1. A return trip charge, and 2. An extra solid waste collection Solid Waste Collection charge. Contractor shall report monthly to County any non-collection Collection notices issued. Contractor shall take direction fromfrom County with regard to termination or reinstatement of service to a service recipient due to numerous non-Collection notices issued to the same Customer.

Non-Collection Notices. Contractor may choose not to collect materials for the following reasons: 1. Materials contain hazardous waste; or 2. The loaded weight of a container exceeds fifty (50) pounds, except that a Contractor-provided cart may exceed fifty (50) pounds but may not exceed the maximum weight recommended by the cart manufacturer; or 3. A container that is not set out in a location accessible to Contractor, and there is no agreement in place for special handling; or 4. The customer has been deemed delinquent due to non-payment of solid waste collection fees per Section 8.01(B). 5. For the collection of targeted recyclable materials only, contamination of such recyclable materials by municipal solid waste (MSW) or other non-recyclable materials. In such case, Contractor shall issue non-collection notices stating the reason(s) the materials were not collected. The non-collection notice shall be affixed prominently onto the container to ensure that it is not inadvertently removed from the container due to weather conditions. The non-collection notices must be protected from rain, if precipitation is present or forecasted, by placing the notice in a clear plastic bag prior to affixing to the container. Contractor shall document the use of non-collection notices by recording the date and time of issuance, address of service recipient, reason(s) for issuance, name of employee who issued the notice, and truck and route numbers. The posting of the notice shall be at least two inches by six inches (2" x 6") in size and shall be approved by County. The non-collection notices must identify the steps the customer must take to recommence collection service. The customer shall be assessed a fee approved by County for collection of the container as solid waste by Contractor. This additional fee charged to customer may include: 1. A return trip charge, and 2. An extra solid waste collection charge. Contractor shall report monthly to County any non-collection notices issued. Contractor shall take direction fromcoordinate with County with regard to termination or reinstatement of service to a service recipient due to numerous non-collection notices issued to the same customer.

Non-Collection Notices. Contractor may choose not to collect Collect materials for the 2346 following reasons: 1. : (i) Source Separated or Targeted Recyclable Materials or Organic 2347 Materials do not comply with the allowable Contamination thresholds; (ii) materials 2348 contain hazardous wasteHazardous Waste; or 2. The or (iii) the loaded weight of a container Container exceeds fifty (50) pounds, except that a Contractor-provided cart may exceed fifty (50) pounds but may not exceed the 2349 maximum weight recommended load limit specified by the cart manufacturer; or 3. A container that is not set out Cart manufacturer and specified in a location accessible to Contractor, and there is no agreement in place for special handling; or 4. The customer has been deemed delinquent due to non-payment of solid waste collection fees per Section 8.01(B). 5. For the collection of targeted recyclable materials only, contamination of such recyclable materials by municipal solid waste (MSW) or other non-recyclable materials. Attachment 2350 D. In such case, Contractor shall issue non-collection Collection notices stating the reason(s) 2351 the materials were not collectedCollected. The non-collection Collection notice shall be affixed 2352 prominently onto the container Cart to ensure that it is not inadvertently removed from the container Cart due 2353 to weather conditions. The non-collection Collection notices must be protected from rain, if 2354 precipitation is present or forecasted, by placing the notice in a clear plastic bag prior 2355 to affixing to the containerCart. 2356 Contractor shall document the use of non-collection Collection notices by recording the date 2357 and time of issuance, address of service recipient, reason(s) for issuance, name of 2358 employee who issued the notice, and truck and route numbers. The posting of the notice shall 2359 conform to the requirements specified in Section 6.03.A, be at least two inches by six 2360 inches (2" x 6") in size and shall be approved by Countythe SBWMA. The non-collection Collection 2361 notices must identify the steps the customer Generator must take to recommence collection Collection 2362 service. The customer In the event a Container is not Collected due to excessive Contamination and 2363 Customer does not take the necessary steps to recommence Collection service, Franchise Agreement for Collection Services with Recology San Mateo County Page 58 of 120 2364 Contractor shall be assessed a fee approved by County ▇▇▇▇ the Customer for collection Collection of the container as solid waste by Contractor. This additional fee charged to customer may include: 1. A excessive Contamination at 2365 Agency-approved Charges specified in Attachment Q. The Agency-approved 2366 Charges includes: (i) a return trip chargeCharge, and 2, (ii) an extra Solid Waste Collection 2367 Charge. An extra solid waste collection charge. 2368 Contractor shall report monthly to County Agency any non-collection Collection notices issued. 2369 Contractor shall take direction fromfrom the Agency with regard to termination or 2370 reinstatement of service to a service recipient due to numerous non-Collection notices 2371 issued to the same Customer. 2372 G. Collection of Excess Materials (Overages). Contractor shall direct its employees 2373 to Collect an Overage on two (2) occasions each Rate Year at no additional cost to 2374 Customer. Contractor must provide a notice to Customer documenting the Overage 2375 in order to count the Overage Collection towards the allocated two (2) per Rate Year 2376 for each Customer. Customers that place an Overage for Collection for a third and 2377 subsequent events, may be assessed an Overage fee by Contractor if Contractor has 2378 directly contacted the Customer via a phone call or voice message notifying them of 2379 the Overage Collected. Contractor shall ▇▇▇▇ Customer for a third and subsequent 2380 Overage events at Agency-approved Charges specified in Attachment Q. Contractor 2381 shall provide Customers the opportunity to request an Overage Collection service in 2382 advance. In such case, Contractor shall ▇▇▇▇ the Customer at the Agency-approved 2383 Charge specified in Attachment Q. 2384 Contractor shall provide Customers the opportunity to subscribe to Overage 2385 Collection service, in advance, or purchase Overage bag(s) from the Contractor. 2386 Contractor shall provide Customers the opportunity to purchase Overage bags 2387 through its Customer service department or electronically via Contractor’s website. 2388 The Overage bag(s) shall have markings identifying it as the Contractor’s Overage 2389 bag. Contractor shall mail or deliver Overage bags to Customers within three (3) 2390 Business days of Customer’s request. The Charge for Overage bags is specified in 2391 Attachment Q and includes all aspects of purchasing the bags, printing, and 2392 distribution (i.e., mailing or direct delivery by Contractor). Customers shall also be 2393 provided the opportunity to purchase Overage bags at Contractor’s local office. The 2394 quantity of Overage bags per request from Customer shall be limited to five (5) per 2395 request. 2396 If the Agency and/or Contractor receive numerous Complaints (as determined by the 2397 Agency) from Customers regarding Customer dissatisfaction with the requirement to 2398 purchase Overage bags, the Agency reserves the right to require the Contractor to 2399 modify its Overage program to better serve its Customers and/or require the 2400 Customer to subscribe to additional Collection service. 2401 H. Care of Private Property. Contractor shall not damage private property. Contractor 2402 shall ensure that its employees: (i) close all gates opened in making Collections, 2403 unless otherwise directed by the Customer, (ii) do not cross landscaped areas, and 2404 (iii) do not climb or jump over ▇▇▇▇▇▇ and fences. 2405 Agency shall refer Complaints about damage to private property to Contractor. 2406 Contractor shall repair, to its previous condition, all damage to private or public 2407 property caused by its employees. 2408 Contractor shall endeavor to resolve all claims regarding damage to private property 2409 as soon as reasonably practicable following receipt thereof, made by Owners or Franchise Agreement for Collection Services with Recology San Mateo County Page 59 of 120 2410 Occupants of property served by Contractor, for damages to property including, but 2411 not limited to, Containers. In the event such damage shall have been caused by the 2412 negligence or intentional acts of Contractor, its officers, agents, or employees, 2413 Contractor shall promptly repair or replace such damaged property. The provisions 2414 of this Section 8.02.H shall not be deemed a limitation upon any other provisions of 2415 this Agreement, or any rights or remedies which may accrue to Agency by reason of 2416 Contractor’s acts or omissions to act hereunder. Contractor is required to repair 2417 damage and/or resolve claims regarding damage to property within thirty (30) Days 2418 of receipt of the Complaint. 2419 This Section 8.02.H shall not apply to damage to public or private roads or driveways 2420 caused by the weight of Contractor’s vehicles. If a Customer requests Contractor to 2421 provide on-premises (i.e., non-Curbside) service, and in doing so would require 2422 Contractor to drive its Collection vehicle on a private road or driveway, then, as a 2423 condition to providing that service, Contractor shall require the Customer, property 2424 owner, or other responsible party to sign a reasonable waiver releasing Contractor 2425 from liability for such damage. 2426 I. Litter Abatement 2427 1. Minimization of Spills. If any Solid Waste, Targeted Recyclable Materials, or 2428 Organic Materials are spilled or scattered during Collection or transportation 2429 operations, the Contractor shall promptly clean up all spilled and scattered 2430 materials. Contractor shall use due care to prevent vehicle oil, vehicle fuel, or 2431 other liquids from being spilled during Collection or transportation operations 2432 including maintenance of the Collection vehicles to minimize and correct any 2433 leaks. Contractor shall ensure that all liquid spills or leaked liquids or fluids are 2434 cleaned up promptly on the same day that they occur. 2435 Contractor shall not transfer loads from one vehicle to another on any public 2436 street, unless it is necessary to do so because of mechanical failure, emergency 2437 (e.g., combustion of material in the vehicle), accidental damage to a vehicle, or 2438 unless approved by the Agency.

Non-Collection Notices. Contractor may choose not to collect materials for the following reasons: 1. Materials contain hazardous waste; or 2. The loaded weight of a container exceeds fifty (50) pounds, except that a Contractor-provided cart may exceed fifty (50) pounds but may not exceed the maximum weight recommended by the cart manufacturer; or 3. A container that is not set out in a location accessible to Contractor, and there is no agreement in place for special handling; or 4. The customer has been deemed delinquent due to non-payment of solid waste collection fees per Section 8.01(B).8.01B. 5. For the collection of targeted recyclable materials only, contamination of such recyclable materials by municipal solid waste (MSW) or other non-recyclable materials. In such case, Contractor shall issue non-collection notices stating the reason(s) the materials were not collected. The non-collection notice shall be affixed prominently onto the container to ensure that it is not inadvertently removed from the container due to weather conditions. The non-collection notices must be protected from rain, if precipitation is present or forecasted, by placing the notice in a clear plastic bag prior to affixing to the container. Contractor shall document the use of non-collection notices by recording the date and time of issuance, address of service recipient, reason(s) for issuance, name of employee who issued the notice, and truck and route numbers. The posting of the notice shall be at least two inches by six inches (2" x 6") in size and shall be approved by County. The non-collection notices must identify the steps the customer must take to recommence collection service. The customer shall be assessed a fee approved by County for collection of the container as solid waste by Contractor. This additional fee charged to customer may includeInclude: 1. A return trip charge, and 2. An extra solid waste collection charge. Contractor shall report monthly to County any non-collection notices issued. Contractor shall take direction fromcoordinate with County with regard to termination or reinstatement of service to a service recipient due to numerous non-collection notices issued to the same customer.