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<br />July 15, 2024 Page 33 City of San Leandro/ACI Franchise Agreement
<br />7. Prior to ordering Containers for use under this Agreement, Contractor and City Contract 1294
<br />Manager shall meet and confer to ensure the proposed Container specifications and labels 1295
<br />comply with Applicable Law, including, but not limited to, the final SB 1383 regulations. 1296
<br />8. All new or replacement Containers during the Term shall comply with the color and labeling 1297
<br />requirements set forth in this Section and Applicable law, including, but not limited to, SB 1298
<br />1383 (14 CCR Section 18982 and 14 CCR, Division 7, Chapter 12, Article 3). Notwithstanding 1299
<br />this Section, the Contractor shall not be required to replace functional Containers, including 1300
<br />Containers purchased prior to January 1, 2022, that do not comply with the color 1301
<br />requirements of Section 5.5.C prior to the end of the useful life or necessary replacement of 1302
<br />those Containers, or prior to January 1, 2036, whichever comes first. On and after January 1, 1303
<br />2036, all Containers in service by the Contractor shall comply with the Container color and 1304
<br />labeling requirements of this Section and SB 1383. 1305
<br />C. Container Labeling Contractor shall provide to the City a mockup of all Containers, including all 1306
<br />Container markings and color, for approval by the City in advance of ordering such Containers. On 1307
<br />the lid of each Cart, and the body of each Bin, Drop Box, and Public Litter Container, Contractor shall 1308
<br />label the ultimate destination of such materials as follows: “LANDFILL” for Solid Waste; “RECYCLE” 1309
<br />for Recyclable Materials (including Cardboard, mixed paper, metal, etc.); and, “ORGANICS” for 1310
<br />Organic Materials (including Food Scraps, Yard Trimmings, wood waste, etc.). On the body of each 1311
<br />Cart, Bin, and Drop Box, Contractor shall label the Container capacity (in gallons for Carts, and cubic 1312
<br />yards for Bins and Drop Boxes). Container body labeling shall be positioned on the side of each 1313
<br />Container so it is visible to the Customer at all times. Each Cart and Public Litter Container shall be 1314
<br />stamped with the City Logo, and no Container shall be stamped or labeled with Contractor’s name 1315
<br />or logo, unless otherwise approved by City Contract Manager. 1316
<br />Customer Containers must be in readily identifiable colors to facilitate Customer's ready recognition 1317
<br />of Solid Waste, Recyclable Materials, and Organic Materials. Unless otherwise approved in writing 1318
<br />by the City Contract Manager, Solid Waste Containers shall be grey, Recyclable Materials Containers 1319
<br />shall be blue, and Organic Materials Containers shall be green. Subject to City approval, Contractor 1320
<br />shall display City's name using labels, decals, hot stamp, or other approved method. Contractor shall 1321
<br />be prohibited from including Contractor’s name and/or logo on any Containers utilized in the City 1322
<br />unless otherwise approved by City Contract Manager. 1323
<br />All Customer Containers shall be labeled in accordance with the requirements of SB 1383. 1324
<br />Recyclable Materials and Organic Materials Container labels must include at least three (3) graphic 1325
<br />examples of materials that are accepted in the Container, and at least two (2) graphic examples of 1326
<br />materials that are prohibited from being placed in the Container, clearly displaying that the 1327
<br />prohibited materials are prohibited (using recognizable symbols). Solid Waste Container labels must 1328
<br />include at least two (2) graphic examples of materials that are prohibited from being placed in the 1329
<br />Container, clearly displaying that the prohibited materials are prohibited (using recognizable 1330
<br />symbols), and a statement that proper separation of Recyclable Materials and Organic Materials is 1331
<br />mandatory. 1332
<br />All Carts shall include a high-quality educational information label using in-mold technology, such 1333
<br />that all labeling shall be integral to the lid, though the use of injection molding, and shall not be 1334
<br />affixed to any part of the Cart or lid through the use of adhesives, unless otherwise approved in 1335
<br />advance by the City Contract Manager. Notwithstanding the provisions of this Section, or the 1336
<br />requirements of SB 1383, the in-mold lid label shall include: information about the Collection 1337
<br />Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A
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