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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 />495998v23 DTA MU125-11