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(d) The Agreement shall not prohibit a gardener, tree trimmer or person <br /> engaged in landscape maintenance who has a business license to operate <br /> in the City from collecting yard waste or other organic solid wastes which it <br /> generates as an incidental portion of providing its licensed services. Any <br /> yard waste or other organic solid waste collected pursuant to the exception <br /> provided by this subsection must be transported by the gardener, tree <br /> trimmer or person to a composting facility permitted by the California <br /> Integrated Waste Management Board in accordance with all laws and <br /> regulations. <br /> D.2 AB 939 INDEMNIFICATION <br /> Contractor will be required to guarantee to the City that Contractor will do each, <br /> every and all things required to ensure that all solid waste generated, produced or <br /> accumulated in the City which is collected by Contractor will at all times be in full <br /> compliance with all of the provisions of the City's SRRE, California Integrated <br /> Waste Management Act (CIWMA), and amendments thereto adopted hereafter, <br /> and will protect, indemnify, pay, save, defend, and hold the City harmless from any <br /> and all loss, expense, damage, fines, penalties and liability of every kind and <br /> nature whatsoever by virtue of any non-compliance with such City and statutory <br /> requirements, provided, however, that Contractor shall not be responsible for the <br /> portion of any solid waste that is generated in the City and collected or disposed, or <br /> both, by other than Contractor. <br /> D.3 SERVICE CONDITIONS <br /> The contractor will be required to comply with the following service conditions and <br /> performance standards in performing services, in addition to all other terms and <br /> conditions included in the City's Municipal Code and attached Agreement. <br /> D.3.1 Frequency of Collection <br /> The Contractor will collect all solid waste from all areas of the City at least once <br /> each week and in addition will provide more frequent service for those customers <br /> using the bin or roll-off box services supplied by Contractor, if requested by a <br /> customer or if required by the City. <br /> D.3.2 Hours of Collection <br /> All collections from residential areas shall be made between the hours of 6:00 a.m. <br /> and 6:00 p.m. <br /> Collections from commercial and industrial locations greater than 100 feet from <br /> residential units, may start at 3:00 a.m. and must terminate by 6:00 p.m. If <br /> complaints are received from such residential units, the City may direct pickup to <br /> begin at 6:00 a.m. <br /> Page 17 <br />