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container, at the point where collected. Roll Carts shall be placed with the lid in the closed
<br />position.
<br />11.4.2. Franchisee shall provide all Residential Collection Services with as little noise and disturbance as
<br />possible.
<br />11.4.3. No trespassing by Franchisee's employees will be permitted.
<br />11.4.4. No Franchisee employee shall remove or tamper with any property not placed for collection.
<br />11.4.5. All collection vehicles shall remain on the right-hand side of the road when providing Residential
<br />Collection Service and at no time shall collection crews cross to the left-hand side of the road to
<br />retrieve containers, Roll Carts, or materials that have been set out for collection.
<br />11.4.6. Franchisee's vehicles shall not unduly interfere with vehicular or pedestrian traffic. Vehicles shall
<br />not be left on the street unattended.
<br />11.5. Protection of Private and Public Property
<br />11.5.1. Franchisee acknowledges that collection points on rights-of-way are frequently co -located with
<br />other utility easements. Therefore, particular attention shall be given to the location of water
<br />meters, transformers, guy wires, utility poles, and irrigation structures. Authorization to use the
<br />easement does not abrogate Franchisee's responsibility to exercise caution in relationship to the
<br />property of other authorized users.
<br />11.5.2. Franchisee shall take care to prevent damage to all public and private property while conducting
<br />services pursuant to this Agreement, including, but not limited to, buildings, monuments, markers
<br />or fences, vehicles, pipes and underground structures, storm water inlet covers, gutters, curbs,
<br />public streets, trees and tree canopies, flowers, shrubs, and other plantings. SWDD acknowledges
<br />this does not preclude normal wear and tear of streets resulting from normal use by Franchisee.
<br />11.5.3, Franchisee shall immediately notify the Contract Manager of any personal injury or damage to
<br />public or private property caused by Franchisee during the provision of collection services.
<br />Wherever such property is damaged due to the activities of Franchisee, it shall be immediately
<br />restored to its original condition by Franchisee at Franchise's expense. In addition, if on
<br />County/SWDD property, Franchisee shall submit an accident/investigation report within forty-
<br />eight (48) hours to Contract Manager and the Indian River County Risk Manager.
<br />11.5.4. In case of failure on the part of Franchisee to restore such property or make good such damage or
<br />injury, SWDD may, upon forty-eight (48) hours written notice to Franchisee, proceed to repair,
<br />rebuild, or otherwise restore such property as may be deemed necessary and to bill the cost to
<br />Franchisee. If any damage caused by Franchisee impacts the safety, health and welfare of the
<br />County's citizens, the repairs will be arranged by SWDD and billed to Franchisee based on the
<br />actual cost incurred to repair the said damages, plus ten percent (10%) to account for SWDD's
<br />administrative costs.
<br />11.6. Spillage and Littering
<br />11.6.1, Franchisee shall not litter or cause any spillage to occur upon the premises or the right-of-way
<br />wherein the collection and transport of materials shall occur. During transportation, all collected
<br />materials shall be contained, tied, or enclosed to prevent leaking, spilling and blowing.
<br />11.6.2. In the event of any confirmed spillage/leakage/blowing from a Franchisee's vehicle, Franchisee
<br />shall promptly, at least within twenty-four (24) hours, clean up all spillage/leakage/blowing at no
<br />cost to SWDD or the County. Franchisee is responsible to clean such spills, leaks, or blown
<br />materials to the satisfaction of the Contract Manager up to, and including, resealing or resurfacing
<br />depending on the severity of the damage. If Franchisee can satisfactorily prove to the Contract
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