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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />Il <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />4) Right of Entry. Contractor shall be deemed an agent of the City for the limited and specific <br />purpose of entering or driving on any private street, alley, drive way, parking lot, court, easement or <br />other private property to collect and remove refuse when Contractor deems it necessary to protect <br />the immediate health and safety of the City, in accordance with the Environmental Health Code, <br />unless and until City provides Contractor Notice revoking permission to enter thereon. <br />g. Vehicles. <br />(1) Specifications. <br />(i) Age �znd Appearance. Contractor shall acquire or supply state-of-the-art vehicles approved by <br />the City during the term of this Agreement. The vehicles will be well maintained in order to promote <br />a positive impression on customers of the Contractors commitment to quality service. <br />�i) Tires. Vehicle tires must conform with Applicable Law, including Section 27456b of the <br />California Vehicle Code. <br />(iii) Noise. The noise level generated by Vehicles using compaction mechanisms during the <br />stationary compaction process shall comply with OSHA regulations or Applicable Law, whichever is <br />more stringent. <br />(2) Registration; Certifications. Contractor shall register all Vehicles, except those Vehicles used <br />solely on contractor's premises, with the California Department of Motor Vehicles in accordance with <br />Applicable Law. <br />Contractor shall obtain a certificate of compliance (smog check) issued pursuant to Part 5 of Division <br />26 of the California Health and Safety Code (Section 43000 et Seq.) and the regulations promulgated <br />thereunder and/or a safety compliance report issued pursuant to Division 14.8 of the California <br />Vehicle Code (Section 34500 et. sea•) and the regulations promulgated thereunder, as applicable to <br />each Vehicle and shall provide City with copies of inspection reports within ten days' receipt thereof. <br />In addition to bi-annual "BIT" inspections conducted by the California Highway Patrol, the City <br />reserves the right to conduct an annual inspection of Vehicles. <br />Contractor shall maintain copies of registration certificates and reports and make them available for <br />inspection during Office Hours upon request by the City. <br />(3) Safety Markings. Contract shall ensure that all Service Assets bear all necessary and appropriate <br />and safety features, including highway lighting, flashing and warning lights, clearance lights, and <br />warning flags, in accordance with the requirements of the California Vehicle Code and other <br />Applicable Law. <br />5/06/97 execution <br />13 <br />