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<br />. <br /> <br />. <br /> <br />exclusive right to rent òr lease and operate any or all trucks, <br />trailers, tractors and other items of equipment used by CONTRACTOR <br />in the performance of the work specified in this Agreement. <br />Further, the City shall have access to the MRF and composting <br />facilities used by the CONTRACTOR for the Processing, Recycling and <br />Yard Waste Diversion of Solid Waste produced or accumulated within <br />the CITY. The right of the CITY to enter upon and use facilities <br />and equipment as specified herein shall extend following the date <br />of cancellation of this Agreement for a period of ninety (90) <br />consecutive calendar days. The rental prices to be paid the <br />CONTRACTOR under this section shall be such to adequately reflect <br />the most current rental prices prevailing in the County of orange <br />at the date of termination. <br /> <br />Any moneys due the CONTRACTOR for rental of the equipment <br />under the provisions of this section may be withheld by the CITY <br />and used by it for the purpose of paying any outstanding liens or <br />payments due and unpaid upon the said equipment. <br /> <br />38. <br /> <br />COMPLAINTS: <br /> <br />ta) The CITY shall record all complaints and communications <br />received by the CITY from persons and businesses being served under <br />the provisions of this Agreement and all other incidents of failure <br />to perform in accordance with this Agreement noted by the CITY. <br />The CONTRACTOR shall be responsible to resolve such complaints <br />within two (2) business days of receipt thereof. CONTRACTOR shall <br />likewise record all complaints received by CONTRACTOR in a daily <br />log which shall include the complaint, the communication, the date, <br />time, complainant's name and address if provided, and the nature, <br />date and manner of resolution of the complaint. A copy of said log <br />shall be delivered to the Executive Director on a quarterly basis; <br />however, the Executive Director reserves the right to require the <br />CONTRACTOR to deliver, or send via telephone facsimile, such <br />records to the Executive Director within twenty four (24) hours of <br />receipt thereof. <br /> <br />(b) The failure of the CONTRACTOR to pick up Solid Waste <br />which has been set out in the proper manner shall be considered a <br />missed pick-up, and the CONTRACTOR shall collect the material from <br />the service recipient within twenty-four (24) hours of the <br />CONTRACTOR's receipt of notification of the missed pick-up. If the <br />CONTRACTOR is notified of a missed pick-up by 9:00 a.m. the <br />following business day, the missed pick-up will be collected that <br />same day. The CONTRACTOR shall maintain a written record of all <br />calls related to missed pick-ups and the service response provided <br />by the CONTRACTOR. Such records shall be made available for <br />inspection upon request by the Executive Director. <br /> <br />31 <br />