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Indian River County Solid Waste Disposal District <br />Solid Waste and Recyclables Franchise Agreement <br />14.5.3. SWDD reserves the right to deny Franchisee's vehicles access to certain streets, alleys, and public ways <br />where the County determines it is in the public's best interest. SWDD shall provide Franchisee with reasonable <br />notice of such access denial so that this action does not interfere unduly with Franchisee's normal operation. <br />14.5.4. If access to certain streets, alleys, and public and private ways become impassable or if access is denied, <br />Franchisee shall work with the Customer to determine a mutually agreed upon location for the Residential or <br />Commercial Collection Service. If mutual agreement cannot be reached, Collection shall be from the nearest <br />public way that is accessible by the Collection vehicle, or other such location as specified by the Contract <br />Manager. <br />14.5.5. If efforts to resolve situations that prevent or hinder Franchisee from gaining access to provide the <br />Collection Services required in the Agreement are unsuccessful, Franchisee shall report such cases to the <br />Contract Manager. <br />14.6. Safety Program <br />14.6.1. Franchisee shall develop, implement, and maintain for the term of the Agreement a safety program for <br />all operations covered under the Agreement ("Safety Plan"). A written copy of the Safety Plan shall be provided <br />to the Contract Manager in accordance with the approved Transition Plan submitted pursuant to Article 5.1.3. <br />Franchisee shall continuously update the Safety Plan to reflect any changes and deliver an updated plan to the <br />Contract Manager whenever changes occur. <br />14.6.2. Franchisee shall appoint an employee who is qualified and authorized to supervise and enforce safety <br />compliance. Franchisee's employees shall be trained regarding safe operating procedures and provided <br />refresher instruction and training updates. <br />14.6.3. Safety equipment applicable to the work performed and required by regulation or law shall be provided <br />to employees and others working on behalf of Franchisee. All materials required for first aid shall be provided <br />and maintained by Franchisee. <br />14.6.4. A written procedure, including documentation, shall be established for the immediate removal to a <br />hospital or a doctor's care of any person who may be injured that requires such care. All injury documentation <br />shall be made available to SWDD upon the Contract Manager's request. <br />14.7. Permits and Licenses <br />Franchisee shall obtain, at its own expense, all permits and licenses required by Applicable Law and maintain <br />same in full force and effect. Any revocation of Franchisee's licenses or permits shall be reported to the SWDD <br />within three (3) Days. <br />ARTICLE 15. EMPLOYEES AND SUPERVISORS <br />15.1. General Provisions <br />15.1.1. Within three (3) Days following the Effective Date, Franchisee shall provide the Contract Manager with <br />a written list containing the names, addresses, emails, and telephone numbers of Franchisee's Operations <br />Manager and other key personnel, and the telephone numbers that are to be used to contact Franchisee in the <br />event of an emergency. <br />15.1.2. Franchisee shall use competent, qualified, sober, drug-free personnel to provide collection services <br />pursuant to this Agreement. Franchisee shall only utilize personnel in providing services pursuant to this <br />Agreement that have passed criminal background checks. Franchisee shall devote sufficient personnel, time, <br />and attention to its operations under this Agreement to ensure that its performance will be satisfactory to the <br />SWDD. <br />15.1.3. Franchisee shall comply with all Applicable Law relating to wages, hours, overtime, disability, and all <br />other matters relating to the employment and protection of employees, now or hereafter in effect. <br />28 <br />