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Indian River County Solid Waste Disposal District Solid Waste and Recyclables Franchise Agreement 14.3.6. Franchisee shall record all non -collection events in a Non -Collection Notice Log and submit this log daily to the Contract Manager in accordance with Article 18. All non -collection events shall be notified to SWDD within one (1) Day of occurrence. 14.3.7. If Commercial Container is inaccessible or blocked, Franchisee shall affix a Non -Collection Notice to the container and provide service on the Commercial Customer's next regular collection Day unless a special collection is arranged. 14.3.8. In the event a Commercial Container is overfilled and cannot be safely dumped, Franchisee shall place a Non -Collection Notice on the container, notify the Customer of the first offense, and reschedule service. Such rescheduling shall be considered a Supplemental Collection Service, which can be arranged between Franchisee and the Commercial Customer for an additional charge. In the event there is a second offense, Franchisee shall place a Non -Collection Notice on the container, notify Customer of the second offense and potential fines that may be levied, and report to SWDD. Third and subsequent offenses shall be reported to SWDD for referral to Code Enforcement. 14.4. Protection of Private and Public Property 14.4.1. Franchisee acknowledges that collection points on rights-of-way are frequently co -located with other utility easements. Therefore, particular attention shall be given to the location of water meters, transformers, guy wires, utility poles, irrigation structures, etc. Authorization to use the easement does not abrogate Franchisee's responsibility to exercise caution in relationship to the property of other authorized users. 14.4.2. Franchisee shall take care to prevent damage to all public and private property while conducting services pursuant to this Agreement, including, but not limited to, buildings, monuments, markers or fences, vehicles, pipes and underground structures, storm water inlet covers, gutters, curbs, public streets, trees and tree canopies, flowers, shrubs, and other plantings. The SWDD acknowledges this does not preclude normal wear and tear of streets resulting from normal use by Franchisee. 14.4.3. Franchisee shall immediately notify the Contract Manager of any damage to public or private property caused by Franchisee during the provision of collection services. Wherever such property is damaged due to the activities of Franchisee, it shall be immediately restored to its original condition by Franchisee at Franchisee's expense. In addition, if on County/SWDD property, the Franchisee shall submit an accident/investigation report within forty-eight (48) hours to Contract Manager and the Indian River County Risk Manager. 14.4.4. In case of failure on the part of Franchisee to restore such property or make good such damage or injury, the SWDD may, upon forty-eight (48) hours written notice to Franchisee, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary and to bill the cost to Franchisee. If any damage caused by Franchisee impacts the safety, health and welfare of the County's citizens, the repairs will be arranged by the SWDD and billed to Franchisee based on the actual cost incurred to repair the said damages, plus ten percent (10%) to account for the SWDD's administrative costs. 14.4.5. Franchisee shall record all damage to public or private property on Customer Call Log and submit this log daily to the Contract Manager in accordance with Article 18.3. The Franchisee shall provide an after -action report once the issue has been resolved as well as monthly updates if the issue is still unresolved. 14.5. Access to Streets and Collection Containers 14.5.1. Franchisee's vehicles shall not unduly interfere with vehicular or pedestrian traffic. Vehicles shall not be left on the street unattended. 14.5.2. In those instances where a public or private street is temporarily closed to vehicular traffic, Franchisee shall return within twenty-four (24) hours of the normal Collection schedule to service Customers located on the street. If at that time the street is still temporarily closed, Franchisee shall notify the Contract Manager and provide Collection Service to such Customers on the next regularly scheduled Collection Day unless otherwise directed by the Contract Manager. 27