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3. Collection Procedures. During the Term and after the Date of Commencement, <br /> Contractor shall collect all acceptable Soft Recyclables set out for recycling and collection by <br /> Residential Customers in approved Containers. The decision of what is an "acceptable" Soft <br /> Recyclable shall be made in the sole reasonable discretion of Contractor. However, in no event <br /> shall Contractor be required to accept any Excluded Items (excluded items include, but are not <br /> limited to the following items: garbage, hazardous waste, carpet, newspapers, mattresses, large <br /> furniture, large appliances, yard waste) and in no event shall Contractor provide service to <br /> Commercial Customers. Contractor shall not be responsible for collecting Soft Recyclables <br /> which have fallen or been placed Curbside but are not in a Container. Contractor agrees to <br /> operate collection vehicles in such a manner to prevent materials from being blown from the <br /> vehicle. If at any time during collection and transport, Soft Recyclables are spilled onto a street, <br /> sidewalk, or private property, Contractor shall clean up and place in the collection vehicle all <br /> Soft Recyclables before the vehicle proceeds to the next stop on the collection route or shall <br /> promptly make all other reasonably necessary arrangements for the immediate clean-up of spilled <br /> Soft Recyclables. Contractor agrees to remove and dispose of all Soft Recyclables at no cost to <br /> CITY. <br /> 4. Ownership. Soft Recyclables set out for collection on the regularly scheduled <br /> collection day shall belong to Contractor from the time that they are physically collected by <br /> Contractor. Soft Recyclables physically collected by Contractor shall be deemed acceptable Soft <br /> Recyclables for the purposes of its obligations under this Agreement. <br /> 5. Set Out Procedures. Residents shall place Soft Recyclables into Containers and place <br /> Containers at Curbside for collection. Overflow material shall be placed adjacent to the <br /> Container(s) in plastic bags or other easily handled container. Soft Recyclables shall not be set <br /> out in tied bundles. Contractor must collect all Soft Recyclables that are set out in this manner <br /> and are placed within seven (7) feet of the Curbside. Containers shall be placed in a manner that <br /> will not interfere with or endanger the movement of vehicles or pedestrians. When construction <br /> work is being performed in the right-of-way, Containers shall be placed as close as practicable to <br /> an access point for the collection vehicle. Contractor may decline to collect any Soft Recyclables <br /> not set out in accordance with this paragraph. <br /> 6. Contamination and Improper Set Out. If Contractor encounters any improperly <br /> packaged Soft Recyclables or other contaminants in the Container, Contractor may leave those <br /> materials in the Container or remove them from the Container and leave them Curbside. <br /> Contractor must place a tag on the contaminant(s) that is not collected, collect the acceptable <br /> items, and leave contaminants at Curbside. <br /> 7. Collection Schedule. Contractor shall divide the Service Area into collection areas to <br /> coincide with CITY collection zones and dates for its existing recycling pickup schedule. <br /> Collections shall be made from Service Recipients on a regular schedule in accordance with the <br /> existing CITY recycling pickup schedule; however, Contractor reserves the right to alter the <br /> frequency of the scheduled pickups on an as needed basis, provided, however, that pickups must <br /> still occur on the same days as CITY's then-existing recycling schedule. <br /> Contractor shall not be required to perform any service under this Agreement on <br /> Holidays. Contractor may interrupt the regular schedule and quality of service because of street <br /> repairs, snow or other closures of public routes, which in Contractor's sole reasonable discretion <br /> 2 <br /> 495998vv DTA MU125-11 <br />