Common use of Container Labeling Clause in Contracts

Container Labeling. All markings on the Containers shall be approved by the City in advance of 1721 ordering such Containers. On the lid of each Cart, and the body of each Bin and Roll-Off Box, 1722 Contractor shall label the ultimate destination of such materials as follows: “LANDFILL” for Solid 1723 Waste; “RECYCLE” for Recyclable Materials (including Cardboard, mixed paper, metal, etc.); and, 1724 “ORGANIC” for Organic Materials (including Food Waste, Yard Trimmings, wood waste, etc.). On the 1725 body of each Cart, Bin, and Roll-Off Box, Contractor shall label the Container capacity (in gallons for 1726 Carts, and cubic yards for Bins and Roll-Off Boxes). Container body labeling shall be positioned on 1727 the side of each Container so it is visible to the Customer at all times 1728 Carts shall have positional marking in the form of an arrow (at least 3 inches by 5 inches) hot 1729 stamped in white color on the Cart lid, indicating the direction of Cart placement; and, in character 1730 size of no less than 3/16 inches, the phrase: “PLACE CART WITH ARROW FACING STREET FOR 1731 COLLECTION.” 1732 All Carts shall include a high-quality educational information label using in-mold technology, such 1733 that all labeling shall be integral to the lid, through the use of injection molding, and shall not be 1734 affixed to any part of the Cart or lid through the use of adhesives. Notwithstanding the provisions 1735 of this Section, or the requirements of SB 1383, the in-mold lid label shall, at a minimum, include 1736 for each Container: primary materials accepted; primary Prohibited Container Contaminants; a clear 1737 indication of Prohibited Container Contaminants for that Container type; acceptable materials; 1738 Prohibited Container Contaminants; notification forbidding Hazardous Waste and describing proper 1739 Disposal thereof; notification forbidding scavenging (through words and international symbols) and 1740 describing the penalties therefore under California law or City Resolution; information about the 1741 Collection program; and, the City’s name and logo. Subject to City approval, Contractor shall display 1742 City's name, website, and Contractor’s designated telephone number using labels, decals, or other 1743 approved method. Upon expiration or early termination of this Agreement, Contractor shall transfer 1744 access and rights of such phone number and website to the City. Contractor shall be prohibited from 1745 including Contractor’s name and/or logo on any Containers utilized in the City. 1746 E. Repair and Replacement of Containers. Contractor shall be responsible for acquiring and providing 1747 the replacement Containers. Contractor shall repair or replace all damaged or broken Containers 1748 within three (3) Working Days of Customer or City request, or when Contractor determines the 1749 Container is no longer suitable for service. Minor cracks, holes, and other damages to hinges, 1750 wheels, axle, hardware, and other component parts shall be readily repairable by the Contractor 1751 personnel. All repairs must restore the Cart to its full functionality to meet the design and 1752 performance requirements as set for herein. Additionally, Contractor shall repair or replace all 1753 Containers damaged by Collection operations in accordance with standards specified in Section 1754 5.6.E. All Containers shall be maintained in a functional condition. 1755 F. Inventory. Contractor shall maintain a sufficient inventory of Containers to accommodate new 1756 Customer requests for service, requests for change in Service Levels (size, type, or number of 1757 Containers) from current Subscribers, and requests for replacement due to damage. Contractor 1758 shall ensure such inventory is sufficient for each type of service provided under this Agreement. 1759 Contractor shall provide to Single-Family Customers one (1) free Cart replacement per any twelve 1760 (12) month period for any reason, upon Customer request. If Customer requests more than one (1) 1761 Cart replacement per any twelve (12) month period, Contractor shall make Carts available at the 1762 City-approved Rate for such services. In addition, Single-Family Customers may also request one 1763 Cart size exchange per Rate Period at no charge. All such Containers shall be provided within three 1764 (3) Working Days of request. Contractor shall proactively monitor Contractor’s failure to comply 1765 with the Container requirements. If Contractor fails to comply with Container requirements, the 1766 City may assess Liquidated Damages pursuant to Section 10.6 and Exhibit F. Contractor shall, at least 1767 one (1) time per year, direct mail all Customers for the purposes of notifying them of the annual 1768 Container replacement or Container swap at no additional charge. 1769 G. Maintenance, Cleaning, Painting. All Containers shall be maintained in a safe, serviceable, and 1770 functional condition and present a clean appearance. Contractor shall steam clean and repaint all 1771 Containers as needed (other than Carts) so as to present a clean appearance. Contractor shall offer 1772 steam cleaning service (or clean Container exchange) to Customers requesting such service (or 1773 Container exchange) at no cost one (1) time per Rate Period, with additional Container exchanges 1774 provided to Customer at a cost approved by City Franchise Contract Administrator. 1775 Contractor shall proactively monitor Customer Containers and shall remove graffiti from Containers 1776 within forty-eight (48) hours of identification by Contractor or notice by City or Customer if such 1777 graffiti includes any written or pictorial obscenities and otherwise on Customer’s next Service 1778 Opportunity, but not to exceed one (1) week. This service shall not account for any Customer’s 1779 swap-service that is allowed at no cost one (1) time per year. 1780 Upon request from the City Franchise Contract Administrator, Contractor shall provide the City with 1781 a list of Containers and the date each Container was painted and maintained.

Container Labeling. All markings on the Containers shall be approved by the City in advance of 1721 ordering such Containers. On the lid of each Cart, and the body of each Bin and Roll-Off Box, 1722 Contractor shall label each Container with white, hot-stamped 2656 lettering, and in-mold or heavy duty vinyl adhesive labels with graphics, illustrations, 2657 or artwork that clearly conveys the ultimate destination type of such materials as follows: “LANDFILL” for (e.g., Solid 1723 Waste; “RECYCLE” for , Recyclable Materials (including Cardboard2658 Materials, cardboard, mixed paper, Organic Materials, wood waste, metal, etc.); and, 1724 “ORGANIC” for Organic Materials (including Food Waste, Yard Trimmings, wood waste, etc.). On the 1725 body of each Cart, Bin, and Roll-Off Box, Contractor shall label ) to be 2659 placed in the Container capacity (in gallons for 1726 Carts, and cubic yards for Bins and Roll-Off Boxes)Collection. Container body The labeling shall be positioned on 1727 the side of each 2660 Container so it is visible to the Customer at all times 1728 Carts shall have positional marking in the form of an arrow (at least 3 inches by 5 inches) hot 1729 stamped in white color and Collection vehicle drivers on the Cart lidfront 2661 side, indicating the direction of Cart placement; and, in character 1730 size of no less than 3/16 inches, the phrase: “PLACE CART WITH ARROW FACING STREET FOR 1731 COLLECTION.” 1732 All Carts shall include a high-quality educational information label using in-mold technology, such 1733 that all and top. The labeling shall be integral durable and weather resistant to the lidoutdoor 2662 conditions and have a minimum ten (10) year lifetime. 2663 All Containers shall prominently display information and graphics agreed upon by 2664 Agency, through the use of injection moldingSBWMA, and shall not be 1734 affixed Contractor pursuant to any part of the Cart or lid through the use of adhesivesArticle 7. Notwithstanding the provisions 1735 of this Section2665 Final Container labeling layout, or the requirements of SB 1383, the in-mold lid label shall, at a minimum, include 1736 for each Container: primary materials accepted; primary Prohibited Container Contaminants; a clear 1737 indication of Prohibited Container Contaminants for that Container type; acceptable materials; 1738 Prohibited Container Contaminants; notification forbidding Hazardous Waste and describing proper 1739 Disposal thereof; notification forbidding scavenging (through words and international symbols) and 1740 describing the penalties therefore under California law or City Resolution; information about the 1741 Collection program; and, the City’s name and logo. Subject to City approval, Contractor shall display 1742 City's name, websitegraphics, and Contractor’s designated telephone number using labels, decals, or other 1743 approved method. Upon expiration or early termination of this Agreement, Contractor shall transfer 1744 access and rights of such phone number and website to the City. Contractor text shall be prohibited from 1745 including Contractor’s name and/or logo on any Containers utilized in approved by the City. 1746 E. Repair Agency 2666 and Replacement of ContainersSBWMA prior to distribution to Customers. 2667 D. Cleaning and Painting. Contractor shall be responsible for acquiring steam cleaning and providing 1747 the replacement 2668 repainting all Containers, except Carts, to present an aesthetically pleasing clean 2669 appearance and to ensure this equipment is safely maintained and operationally 2670 sound. Contractor shall repair or replace repaint all damaged or broken used Containers 1748 within three (3) Working Days of Customer or City on an as needed basis. Upon 2671 Customer’s request, or when Contractor determines the 1749 Container is no longer suitable for service. Minor cracks, holes, and other damages to hinges, 1750 wheels, axle, hardware, and other component parts shall be readily repairable by the Contractor 1751 personnel. All repairs must restore the Cart to its full functionality to meet the design and 1752 performance requirements as set for herein. Additionally, Contractor shall repair or replace all 1753 Containers damaged by Collection operations in accordance with standards specified in Section 1754 5.6.E. All Containers shall be maintained in a functional condition. 1755 F. Inventory. Contractor shall maintain a sufficient inventory of Containers to accommodate new 1756 Customer requests for service, requests for change in Service Levels (size, type, or number of 1757 Containers) from current Subscribers, and requests for replacement due to damage. Contractor 1758 shall ensure such inventory is sufficient for each type of service provided under this Agreement. 1759 Contractor shall provide to Single-Family Customers one (1) free Cart replacement per any twelve 1760 (12) month period for any reason, upon Customer request. If Customer requests more than one (1) 1761 Cart replacement per any twelve (12) month period, Contractor shall make Carts available at the 1762 City-approved Rate for such services. In addition, Single-Family Customers may also request one 1763 Cart size exchange per Rate Period at no charge. All such Containers shall be provided within three 1764 (3) Working Days of request. Contractor shall proactively monitor Contractor’s failure to comply 1765 with the Container requirements. If Contractor fails to comply with Container requirements, the 1766 City may assess Liquidated Damages pursuant to Section 10.6 and Exhibit F. Contractor shall, at least 1767 one (1) time per year, direct mail all Customers for the purposes of notifying them of the annual 1768 Container replacement or Container swap at no additional charge. 1769 G. Maintenance, Cleaning, Painting. All Containers shall be maintained in a safe, serviceable, and 1770 functional condition and present a clean appearance. Contractor shall steam clean all Solid Waste and repaint Recyclable 2672 Materials Containers (or exchange existing Containers with clean Containers) twice 2673 annually, except Carts provided to Residential Premises, which Contractor is not 2674 obligated to clean or exchange. Contractor shall clean all 1771 Organic Materials 2675 Containers as needed (other than Cartsor exchange existing Containers with clean Containers) so as quarterly, except 2676 Carts provided to present a Residential Premises, which Contractor is not obligated to clean appearanceor 2677 exchange. Contractor shall offer 1772 steam additional cleaning service (or clean Container exchange) 2678 to Customers requesting such service and Contractor shall bill Customers for such 2679 cleaning (or 1773 Container exchange) at no cost one (1) time per Rate Period, with additional Container exchanges 1774 provided to Customer at a cost Agency-approved by City Franchise Contract Administrator. 1775 Charges specified in 2680 Attachment Q. 2681 Contractor shall proactively monitor be responsible for cleaning Containers at no additional charge to 2682 Customer Containers and to ensure that nuisance or public health concerns associated with vectors 2683 are addressed within two (2) Business Days after receipt of notification of said 2684 condition. 2685 If any Container is impacted by graffiti, Contractor shall remove graffiti from Containers 1776 remedy the situation within 2686 forty-eight (48) hours of identification being notified. ▇▇▇▇ ▇. ▇▇▇▇▇▇ and Replacement. Contractor shall repair or replace all Containers damaged 2688 by Collection operations (e.g., vehicle apparatus interface) or otherwise inoperable 2689 (e.g., due to regular wear and tear) within three (3) Business Days of being notified 2690 by Customer or observing the damaged Container. If the repair or replacement 2691 cannot be completed within three (3) Business Days, the Contractor shall notify 2692 Customer and provide a Container of the same size or notice by City or Customer if such 1777 graffiti includes any written or pictorial obscenities and otherwise on Customer’s next Service 1778 Opportunity, but not to exceed one (1) weeklarger until the original 2693 Container can be replaced. This service shall not account for any Customer’s 1779 swap-service that is allowed at 2694 At no cost one (1) time per year. 1780 Upon request from the City Franchise Contract Administratoradditional cost, Contractor shall provide replace Customer Carts that have been stolen, 2695 lost, damaged, or destroyed within five (5) Business Days. Contractor shall allow 2696 Customer to exchange Containers for a Container of a different size at no additional 2697 cost and shall replace Containers within five (5) Business Days of Customer request. 2698 The Contractor recognizes that the City with 1781 a list majority of Containers in service on the 2699 Commencement Date have nearly reached the end of their useful life or will reach the 2700 2701 2702 2703 2704 2705 2706 2707 2708 2709 2710 2711 2712 2713 2714 2715 2716 2717 2718 2719 2720 2721 2722 2723 2724 2725 2726 2727 2728 2729 2730 2731 2732 2733 2734 2735 2736 2737 2738 2739 2740 2741 2742 2743 2744 end of the useful life during the Term of the Agreement. Contractor has planned to replace Containers that have reached the end of their useful life on a rolling basis over the Term of the Agreement. Contractor’s estimated depreciation and interest expense for Container replacement over the date each Term and these expenses are included in Contractor’s Compensation in the amount specified in Attachment K. Contractor shall not be entitled to an adjustment to Contractor’s Compensation or Rates for Container was painted and maintainedreplacements purchased during the Term of the Agreement.

Container Labeling. All markings on the Containers shall be approved by the City in advance of 1721 ordering such Containers. On the lid of each Cart, and the body of each Bin and Roll-Off Box, 1722 Contractor shall label each Container with white, hot-stamped lettering, and in-mold or heavy duty vinyl adhesive labels with graphics, illustrations, or artwork that clearly conveys the ultimate destination type of such materials as follows: “LANDFILL” for (e.g., Solid 1723 Waste; “RECYCLE” for , Recyclable Materials (including CardboardMaterials, cardboard, mixed paper, Organic Materials, wood waste, metal, etc.); and, 1724 “ORGANIC” for Organic Materials (including Food Waste, Yard Trimmings, wood waste, etc.). On the 1725 body of each Cart, Bin, and Roll-Off Box, Contractor shall label ) to be placed in the Container capacity (in gallons for 1726 Carts, and cubic yards for Bins and Roll-Off Boxes)Collection. Container body The labeling shall be positioned on 1727 the side of each 2684 Container so it is visible to the Customer at all times 1728 Carts shall have positional marking in the form of an arrow (at least 3 inches by 5 inches) hot 1729 stamped in white color and Collection vehicle drivers on the Cart lidfront 2685 side, indicating the direction of Cart placement; and, in character 1730 size of no less than 3/16 inches, the phrase: “PLACE CART WITH ARROW FACING STREET FOR 1731 COLLECTION.” 1732 All Carts shall include a high-quality educational information label using in-mold technology, such 1733 that all and top. The labeling shall be integral durable and weather resistant to the lidoutdoor 2686 conditions and have a minimum ten (10) year lifetime. 2687 All Containers shall prominently display information and graphics agreed upon by 2688 Agency, through the use of injection moldingSBWMA, and shall not be 1734 affixed Contractor pursuant to any part of the Cart or lid through the use of adhesivesArticle 7. Notwithstanding the provisions 1735 of this Section2689 Final Container labeling layout, or the requirements of SB 1383, the in-mold lid label shall, at a minimum, include 1736 for each Container: primary materials accepted; primary Prohibited Container Contaminants; a clear 1737 indication of Prohibited Container Contaminants for that Container type; acceptable materials; 1738 Prohibited Container Contaminants; notification forbidding Hazardous Waste and describing proper 1739 Disposal thereof; notification forbidding scavenging (through words and international symbols) and 1740 describing the penalties therefore under California law or City Resolution; information about the 1741 Collection program; and, the City’s name and logo. Subject to City approval, Contractor shall display 1742 City's name, websitegraphics, and Contractor’s designated telephone number using labels, decals, or other 1743 approved method. Upon expiration or early termination of this Agreement, Contractor shall transfer 1744 access and rights of such phone number and website to the City. Contractor text shall be prohibited from 1745 including Contractor’s name and/or logo on any Containers utilized in approved by the City. 1746 E. Repair Agency 2690 and Replacement of ContainersSBWMA prior to distribution to Customers. 2691 D. Cleaning and Painting. Contractor shall be responsible for acquiring steam cleaning and providing 1747 the replacement 2692 repainting all Containers, except Carts, to present an aesthetically pleasing clean 2693 appearance and to ensure this equipment is safely maintained and operationally 2694 sound. Contractor shall repair or replace repaint all damaged or broken used Containers 1748 within three (3) Working Days of Customer or City on an as needed basis. Upon 2695 Customer’s request, or when Contractor determines the 1749 Container is no longer suitable for service. Minor cracks, holes, and other damages to hinges, 1750 wheels, axle, hardware, and other component parts shall be readily repairable by the Contractor 1751 personnel. All repairs must restore the Cart to its full functionality to meet the design and 1752 performance requirements as set for herein. Additionally, Contractor shall repair or replace all 1753 Containers damaged by Collection operations in accordance with standards specified in Section 1754 5.6.E. All Containers shall be maintained in a functional condition. 1755 F. Inventory. Contractor shall maintain a sufficient inventory of Containers to accommodate new 1756 Customer requests for service, requests for change in Service Levels (size, type, or number of 1757 Containers) from current Subscribers, and requests for replacement due to damage. Contractor 1758 shall ensure such inventory is sufficient for each type of service provided under this Agreement. 1759 Contractor shall provide to Single-Family Customers one (1) free Cart replacement per any twelve 1760 (12) month period for any reason, upon Customer request. If Customer requests more than one (1) 1761 Cart replacement per any twelve (12) month period, Contractor shall make Carts available at the 1762 City-approved Rate for such services. In addition, Single-Family Customers may also request one 1763 Cart size exchange per Rate Period at no charge. All such Containers shall be provided within three 1764 (3) Working Days of request. Contractor shall proactively monitor Contractor’s failure to comply 1765 with the Container requirements. If Contractor fails to comply with Container requirements, the 1766 City may assess Liquidated Damages pursuant to Section 10.6 and Exhibit F. Contractor shall, at least 1767 one (1) time per year, direct mail all Customers for the purposes of notifying them of the annual 1768 Container replacement or Container swap at no additional charge. 1769 G. Maintenance, Cleaning, Painting. All Containers shall be maintained in a safe, serviceable, and 1770 functional condition and present a clean appearance. Contractor shall steam clean all Solid Waste and repaint Recyclable 2696 Materials Containers (or exchange existing Containers with clean Containers) twice 2697 annually, except Carts provided to Residential Premises, which Contractor is not 2698 obligated to clean or exchange. Contractor shall clean all 1771 Organic Materials 2699 Containers as needed (other than Cartsor exchange existing Containers with clean Containers) so as quarterly, except 2700 Carts provided to present a Residential Premises, which Contractor is not obligated to clean appearanceor 2701 exchange. Contractor shall offer 1772 steam additional cleaning service (or clean Container exchange) 2702 to Customers requesting such service and shall ▇▇▇▇ Customers for such cleaning (or 1773 2703 Container exchange) at no cost one (1) time per Rate Period, with additional Container exchanges 1774 provided to Customer at a cost more than the Agency-approved by City Franchise Contract Administrator. 1775 Maximum Rates 2704 specified in Attachment Q. 2705 Contractor shall proactively monitor be responsible for cleaning Containers at no additional charge to 2706 Customer Containers and to ensure that nuisance or public health concerns associated with vectors 2707 are addressed within two (2) Business Days after receipt of notification of said 2708 condition. 2709 If any Container is impacted by graffiti, Contractor shall remove graffiti from Containers 1776 remedy the situation within 2710 forty-eight (48) hours of identification by Contractor or notice by City or Customer if such 1777 graffiti includes any written or pictorial obscenities and otherwise on Customer’s next Service 1778 Opportunity, but not to exceed one (1) week. This service shall not account for any Customer’s 1779 swap-service that is allowed at no cost one (1) time per year. 1780 Upon request from the City Franchise Contract Administrator, Contractor shall provide the City with 1781 a list of Containers and the date each Container was painted and maintainedbeing notified.

Container Labeling. All markings on the Containers shall be approved by the City in advance of 1721 ordering such Containers. On the lid of each Cart, and the body of each Bin and Roll-Off Box, 1722 Contractor shall label each Container with white, hot-stamped 1726 lettering, and in-mold or heavy duty vinyl adhesive labels with graphics, illustrations or 1727 artwork that clearly conveys the ultimate destination type of such materials as follows: “LANDFILL” for (e.g., Solid 1723 Waste; “RECYCLE” for , Recyclable Materials (including Cardboard1728 Materials, cardboard, mixed paper, Organic Materials, mixed Construction and 1729 Demolition Debris, wood waste, metal, etc.); and, 1724 “ORGANIC” for Organic Materials (including Food Waste, Yard Trimmings, wood waste, etc.). On the 1725 body of each Cart, Bin, and Roll-Off Box, Contractor shall label ) to be placed in the Container capacity (in gallons for 1726 Carts, and cubic yards for Bins and Roll-Off Boxes)Collection. Container body 1730 The labeling shall be positioned on 1727 the side of each Container so it is visible to the Customer at all times 1728 Carts shall have positional marking in the form of an arrow (at least 3 inches by 5 inches) hot 1729 stamped in white color and 1731 Collection vehicle drivers on the Cart lid, indicating the direction of Cart placement; and, in character 1730 size of no less than 3/16 inches, the phrase: “PLACE CART WITH ARROW FACING STREET FOR 1731 COLLECTION.” 1732 All Carts shall include a high-quality educational information label using in-mold technology, such 1733 that all front side and top. The labeling shall be integral durable and 1732 weather resistant to outdoor conditions and have a ten (10) year lifetime.. 1733 All Containers shall prominently display the lid, through the use of injection molding, and shall not be 1734 affixed to any part of the Cart or lid through the use of adhesives. Notwithstanding the provisions 1735 of this Section, or the requirements of SB 1383, the in-mold lid label shall, at a minimum, include 1736 for each Container: primary materials accepted; primary Prohibited Container Contaminants; a clear 1737 indication of Prohibited Container Contaminants for that Container type; acceptable materials; 1738 Prohibited Container Contaminants; notification forbidding Hazardous Waste and describing proper 1739 Disposal thereof; notification forbidding scavenging (through words and international symbols) and 1740 describing the penalties therefore under California law or City Resolution; information about the 1741 Collection program; and, the CityContractor’s name and logophone number, 1734 without using space for instructional labels. Subject 1735 Final Container labeling layout, graphics and text shall be approved by the Agency 1736 and/or SBWMA prior to City approval, Contractor shall display 1742 City's name, website, and Contractor’s designated telephone number using labels, decals, or other 1743 approved method. Upon expiration or early termination of this Agreement, Contractor shall transfer 1744 access and rights of such phone number and website distribution to the CityCustomers. Contractor shall be prohibited from 1745 including Contractor’s name and/or logo on any Containers utilized in the City. 1746 E. Repair 1737 D. Cleaning and Replacement of ContainersPainting. Contractor shall be responsible for acquiring steam cleaning and providing 1747 the replacement 1738 repainting all Containers, except Carts, to present an aesthetically pleasing clean 1739 appearance and to ensure this equipment is safely maintained and operationally sound. 1740 Contractor shall repair or replace repaint all damaged or broken used Containers 1748 within three eighteen (318) Working Days months of Customer or City the 1741 Commencement Date of this Agreement and thereafter on an as need basis. Upon 1742 Customers request, or when Contractor determines the 1749 Container is no longer suitable for service. Minor cracks, holes, and other damages to hinges, 1750 wheels, axle, hardware, and other component parts shall be readily repairable by the Contractor 1751 personnel. All repairs must restore the Cart to its full functionality to meet the design and 1752 performance requirements as set for herein. Additionally, Contractor shall repair or replace all 1753 Containers damaged by Collection operations in accordance with standards specified in Section 1754 5.6.E. All Containers shall be maintained in a functional condition. 1755 F. Inventory. Contractor shall maintain a sufficient inventory of Containers to accommodate new 1756 Customer requests for service, requests for change in Service Levels (size, type, or number of 1757 Containers) from current Subscribers, and requests for replacement due to damage. Contractor 1758 shall ensure such inventory is sufficient for each type of service provided under this Agreement. 1759 Contractor shall provide to Single-Family Customers one (1) free Cart replacement per any twelve 1760 (12) month period for any reason, upon Customer request. If Customer requests more than one (1) 1761 Cart replacement per any twelve (12) month period, Contractor shall make Carts available at the 1762 City-approved Rate for such services. In addition, Single-Family Customers may also request one 1763 Cart size exchange per Rate Period at no charge. All such Containers shall be provided within three 1764 (3) Working Days of request. Contractor shall proactively monitor Contractor’s failure to comply 1765 with the Container requirements. If Contractor fails to comply with Container requirements, the 1766 City may assess Liquidated Damages pursuant to Section 10.6 and Exhibit F. Contractor shall, at least 1767 one (1) time per year, direct mail all Customers for the purposes of notifying them of the annual 1768 Container replacement or Container swap at no additional charge. 1769 G. Maintenance, Cleaning, Painting. All Containers shall be maintained in a safe, serviceable, and 1770 functional condition and present a clean appearance. Contractor shall steam clean all Solid Waste and repaint Recyclable 1743 Materials Containers (or exchange existing Containers with clean Containers) twice 1744 annually, except Carts provided to Residential Premises, which Contractor is not 1745 obligated to clean or exchange if dirty. Contractor shall clean all 1771 Organic Materials 1746 Containers as needed (other than Cartsor exchange existing Containers with clean Containers) so as quarterly, except 1747 Carts provided to present a Residential Premises, which Contractor is not obligated to clean appearanceor 1748 exchange if dirty. Contractor shall offer 1772 steam additional cleaning service (or clean Container 1749 exchange) to Customers requesting such service service, and shall charge Customers for such 1750 cleaning (or 1773 Container exchange) in accordance with Agency-approved Rates. 1751 Contractor shall be responsible for cleaning Containers at no cost one additional charge to 1752 customer to ensure that nuisance or public health concerns associated with vectors are 1753 addressed within two (12) time per Rate PeriodBusiness Days after receipt of notification of said condition. 1754 If any Container is impacted by graffiti, with additional Container exchanges 1774 provided to Customer at a cost approved by City Franchise Contract Administrator. 1775 Contractor shall proactively monitor Customer Containers and shall remove graffiti from Containers 1776 remedy the situation within 1755 forty-eight (48) hours of identification being notified by Customer, Agency or SBWMA. ▇▇▇▇ ▇. ▇▇▇▇▇▇ and Replacement. Contractor shall repair or notice replace all Containers damaged by City 1757 Collection operations within a three (3) Business Days of being notified by Customer or 1758 observing the damaged Container. If the repair or replacement cannot be completed 1759 within three (3) Business Days, the Contractor shall notify Customer if such 1777 graffiti includes any written and provide a 1760 Container of the same size or pictorial obscenities and otherwise on Customer’s next Service 1778 Opportunity, but not to exceed one (1) weeklarger until the proper Container can be replaced. This service shall not account for any Customer’s 1779 swap-service that is allowed at 1761 At no cost one (1) time per year. 1780 Upon request from the City Franchise Contract Administratoradditional cost, Contractor shall provide replace Customer Carts that have been stolen. If 1762 Carts have been damaged due to the City vehicle apparatus interface, the Contractor shall 1763 repair or replace Cart within seventy-two (72) hours if Cart is unusable or within five (5) 1764 Business Days if damage is incidental to the functionality of the Cart. Contractor shall 1765 allow Customer to exchange Containers for a Container of a different size at no 1766 additional cost. Contractor shall charge Customers for additional Cart replacements at 1767 Agency-approved Rates , which will cover Contractor’s cost. 1768 F. Agency’s Rights to Containers. All Carts, Bins, Compactors, and Drop Boxes acquired 1769 by or leased by Contractor and put into service at Customers’ Premises before the first 1770 anniversary of the Commencement Date of this Agreement shall become property of the 1771 Agency upon expiration or early termination of this Agreement. All Carts, Bins, 1772 Containers, and Drop Boxes purchased or leased and put into service at Customers’ 1773 Premises on or after the first anniversary of the Commencement Date of this Agreement 1774 that have not been fully depreciated shall be available to the Agency, at the Agency’s 1775 option, at their net book value. 1776 At its sole discretion, the Agency may elect not to exercise its rights with 1781 a list regards to this 1777 Section and, in such case, the Containers shall remain the property of the Contractor upon 1778 the expiration date of this Agreement or date of its earlier termination of this Agreement. 1779 In such case, Contractor shall be responsible for removing all Containers and the date each Container was painted and maintainedin service from 1780 Premises within ten (10) Business Days.

Container Labeling. All markings on the Containers shall be approved by the City in advance of 1721 ordering such Containers. On the lid of each Cart, and the body of each Bin and Roll-Off Box, 1722 Contractor shall label each Container with white, hot-stamped 2683 lettering, and in-mold or heavy duty vinyl adhesive labels with graphics, illustrations, 2684 or artwork that clearly conveys the ultimate destination type of such materials as follows: “LANDFILL” for (e.g., Solid 1723 Waste; “RECYCLE” for , Recyclable Materials (including Cardboard2685 Materials, cardboard, mixed paper, Organic Materials, wood waste, metal, etc.); and, 1724 “ORGANIC” for Organic Materials (including Food Waste, Yard Trimmings, wood waste, etc.). On the 1725 body of each Cart, Bin, and Roll-Off Box, Contractor shall label ) to be 2686 placed in the Container capacity (in gallons for 1726 Carts, and cubic yards for Bins and Roll-Off Boxes)Collection. Container body The labeling shall be positioned on 1727 the side of each 2687 Container so it is visible to the Customer at all times 1728 Carts shall have positional marking in the form of an arrow (at least 3 inches by 5 inches) hot 1729 stamped in white color and Collection vehicle drivers on the Cart lidfront 2688 side, indicating the direction of Cart placement; and, in character 1730 size of no less than 3/16 inches, the phrase: “PLACE CART WITH ARROW FACING STREET FOR 1731 COLLECTION.” 1732 All Carts shall include a high-quality educational information label using in-mold technology, such 1733 that all and top. The labeling shall be integral durable and weather resistant to the lidoutdoor 2689 conditions and have a minimum ten (10) year lifetime. 2690 All Containers shall prominently display information and graphics agreed upon by 2691 Agency, through the use of injection moldingSBWMA, and shall not be 1734 affixed Contractor pursuant to any part of the Cart or lid through the use of adhesivesArticle 7. Notwithstanding the provisions 1735 of this Section2692 Final Container labeling layout, or the requirements of SB 1383, the in-mold lid label shall, at a minimum, include 1736 for each Container: primary materials accepted; primary Prohibited Container Contaminants; a clear 1737 indication of Prohibited Container Contaminants for that Container type; acceptable materials; 1738 Prohibited Container Contaminants; notification forbidding Hazardous Waste and describing proper 1739 Disposal thereof; notification forbidding scavenging (through words and international symbols) and 1740 describing the penalties therefore under California law or City Resolution; information about the 1741 Collection program; and, the City’s name and logo. Subject to City approval, Contractor shall display 1742 City's name, websitegraphics, and Contractor’s designated telephone number using labels, decals, or other 1743 approved method. Upon expiration or early termination of this Agreement, Contractor shall transfer 1744 access and rights of such phone number and website to the City. Contractor text shall be prohibited from 1745 including Contractor’s name and/or logo on any Containers utilized in approved by the City. 1746 E. Repair Agency 2693 and Replacement of ContainersSBWMA prior to distribution to Customers. 2694 D. Cleaning and Painting. Contractor shall be responsible for acquiring steam cleaning and providing 1747 the replacement 2695 repainting all Containers, except Carts, to present an aesthetically pleasing clean 2696 appearance and to ensure this equipment is safely maintained and operationally 2697 sound. Contractor shall repair or replace repaint all damaged or broken used Containers 1748 within three (3) Working Days of Customer or City on an as needed basis. Upon 2698 Customer’s request, or when Contractor determines the 1749 Container is no longer suitable for service. Minor cracks, holes, and other damages to hinges, 1750 wheels, axle, hardware, and other component parts shall be readily repairable by the Contractor 1751 personnel. All repairs must restore the Cart to its full functionality to meet the design and 1752 performance requirements as set for herein. Additionally, Contractor shall repair or replace all 1753 Containers damaged by Collection operations in accordance with standards specified in Section 1754 5.6.E. All Containers shall be maintained in a functional condition. 1755 F. Inventory. Contractor shall maintain a sufficient inventory of Containers to accommodate new 1756 Customer requests for service, requests for change in Service Levels (size, type, or number of 1757 Containers) from current Subscribers, and requests for replacement due to damage. Contractor 1758 shall ensure such inventory is sufficient for each type of service provided under this Agreement. 1759 Contractor shall provide to Single-Family Customers one (1) free Cart replacement per any twelve 1760 (12) month period for any reason, upon Customer request. If Customer requests more than one (1) 1761 Cart replacement per any twelve (12) month period, Contractor shall make Carts available at the 1762 City-approved Rate for such services. In addition, Single-Family Customers may also request one 1763 Cart size exchange per Rate Period at no charge. All such Containers shall be provided within three 1764 (3) Working Days of request. Contractor shall proactively monitor Contractor’s failure to comply 1765 with the Container requirements. If Contractor fails to comply with Container requirements, the 1766 City may assess Liquidated Damages pursuant to Section 10.6 and Exhibit F. Contractor shall, at least 1767 one (1) time per year, direct mail all Customers for the purposes of notifying them of the annual 1768 Container replacement or Container swap at no additional charge. 1769 G. Maintenance, Cleaning, Painting. All Containers shall be maintained in a safe, serviceable, and 1770 functional condition and present a clean appearance. Contractor shall steam clean all Solid Waste and repaint Recyclable 2699 Materials Containers (or exchange existing Containers with clean Containers) twice 2700 annually, except Carts provided to Residential Premises, which Contractor is not 2701 obligated to clean or exchange. Contractor shall clean all 1771 Organic Materials 2702 Containers as needed (other than Cartsor exchange existing Containers with clean Containers) so as quarterly, except 2703 Carts provided to present a Residential Premises, which Contractor is not obligated to clean appearanceor 2704 exchange. Contractor shall offer 1772 steam additional cleaning service (or clean Container exchange) 2705 to Customers requesting such service and shall ▇▇▇▇ Customers for such cleaning (or 1773 2706 Container exchange) at no cost one (1) time per Rate Period, with additional Container exchanges 1774 provided to Customer at a cost Agency-approved by City Franchise Contract Administrator. 1775 Charges specified in Attachment Q. 2707 Contractor shall proactively monitor be responsible for cleaning Containers at no additional charge to 2708 Customer Containers and to ensure that nuisance or public health concerns associated with vectors 2709 are addressed within two (2) Business Days after receipt of notification of said 2710 condition. 2711 If any Container is impacted by graffiti, Contractor shall remove graffiti from Containers 1776 remedy the situation within 2712 forty-eight (48) hours of identification by Contractor or notice by City or Customer if such 1777 graffiti includes any written or pictorial obscenities and otherwise on Customer’s next Service 1778 Opportunity, but not to exceed one (1) week. This service shall not account for any Customer’s 1779 swap-service that is allowed at no cost one (1) time per year. 1780 Upon request from the City Franchise Contract Administrator, Contractor shall provide the City with 1781 a list of Containers and the date each Container was painted and maintainedbeing notified.

Container Labeling. All markings on the Containers shall be approved by the City in advance of 1721 ordering such Containers. On the lid of each Cart, and the body of each Bin and Roll-Off BoxContainer, 1722 Contractor shall label the ultimate destination type of such materials as follows: “LANDFILL” to 2350 be placed in the Container for Collection (e.g., Solid 1723 Waste; “RECYCLE” for , Recyclable Materials (including CardboardMaterials, Organic 2351 Materials, cardboard, mixed paper, yard trimmings, wood waste, metal, etc.); and, 1724 “ORGANIC” for Organic Materials (including Food Waste, Yard Trimmings, wood waste, etc.). On the 1725 body of each Cart, Bin, and Roll-Off Box, Contractor shall label the Container capacity (in gallons for 1726 Carts, and cubic yards for Bins and Roll-Off Boxes). Container body The labeling shall 2352 be positioned on 1727 the side of each Container so it is visible to the Customer Subscriber at all times 1728 times. Hot 2353 stamping information on the Carts shall have positional marking in be limited to the form of an arrow (at least 3 inches by 5 inches) hot 1729 stamped in white color labeling on the sides of the Carts and the 2354 Cart lidorientation arrows on the lid of the Cart. 2355 All Containers shall display the Contractor’s name, indicating the direction of Cart placement; Contractor’s local telephone number, and some 2356 identifying inventory or serial number, and, in character 1730 size of no less than 3/16 inchesat the CCCSWA’s request, shall also display the phrase: “PLACE CART WITH ARROW FACING STREET FOR 1731 COLLECTION.” 1732 All Carts shall include a high-quality educational information label using in-mold technology, such 1733 that all labeling shall be integral to the lid, through the use of injection molding, and shall not be 1734 affixed to any part of the Cart or lid through the use of adhesives. Notwithstanding the provisions 1735 of this Section, or the requirements of SB 1383, the in-mold lid label shall, at a minimum, include 1736 for each Container: primary materials accepted; primary Prohibited Container Contaminants; a clear 1737 indication of Prohibited Container Contaminants for that Container type; acceptable materials; 1738 Prohibited Container Contaminants; notification forbidding Hazardous Waste and describing proper 1739 Disposal thereof; notification forbidding scavenging (through words and international symbols) and 1740 describing the penalties therefore under California law or City Resolution; information about the 1741 Collection program; and, the City2357 CCCSWA’s name and logo. Subject to City approval, Contractor shall display 1742 City's name, website, and Contractor’s designated telephone number using labels, decals, or other 1743 approved method. Upon expiration or early termination of this Agreement, Contractor shall transfer 1744 access and rights of such phone number and website to the City. Contractor shall be prohibited from 1745 including Contractor’s name and/or logo on any Containers utilized in the City. 1746 E. 2358 F. Repair and Replacement of Containers; Inventory. Contractor shall be responsible for repairing or 2359 replacing Containers when Contractor determines the Container is no longer suitable for service; 2360 or when the CCCSWA or Subscriber requests replacement of Subscriber’s Container that does not 2361 properly function, leaks, is damaged, or is otherwise not fit for service. Contractor shall be 2362 responsible for acquiring and providing 1747 the replacement Containers. Contractor shall repair or 2363 replace all damaged or broken Containers 1748 within three a one (31) Working Days of Customer week period. If the repair or City request2364 replacement cannot be completed within a week, or when Contractor determines the 1749 Container is no longer suitable for service. Minor cracks, holes, and other damages to hinges, 1750 wheels, axle, hardware, and other component parts Subscriber shall be readily repairable notified by the Contractor 1751 personnel. All repairs must restore the Cart to its full functionality to meet the design 2365 and 1752 performance requirements as set for herein. Additionally, Contractor shall repair or replace all 1753 Containers damaged by Collection operations in accordance with standards specified in Section 1754 5.6.E. All Containers a larger Container shall be maintained in a functional conditionmade available until the proper Container can be replaced. 1755 F. Inventory. 2366 Contractor shall maintain a sufficient inventory of Containers to accommodate new 1756 Customer Subscriber 2367 requests for service, requests for change in Service Levels (size, type, or number of 1757 Containers) 2368 from current Subscribers, and requests for replacement due to damage. Contractor 1758 shall ensure such inventory is sufficient for each type of service provided under this Agreement. 1759 2369 Contractor shall provide to Single-Family Customers Single‐Family Subscribers one (1) free Cart replacement per any twelve 1760 2370 (12) month period for any reason, upon Customer requestin order to accommodate stolen Carts. If Customer Subscriber requests more than one (1) 1761 2371 Cart replacement per any twelve (12) month period, Contractor shall make Carts available at the 1762 City-approved a 2372 Rate not to exceed Maximum Rates for such services. In addition, Single-Family Customers Single‐Family Subscribers may also request 2373 one 1763 Cart size exchange per Rate Period Year at no charge. All such Containers shall be provided within three 1764 2374 one (31) Working Days week of request. Contractor shall proactively monitor Contractor’s failure to comply 1765 with the Container requirements. If Contractor fails to comply with Container requirements, the 1766 City requirements may assess 2375 result in assessment of Liquidated Damages pursuant to Section 10.6 8.5 and Exhibit F. Contractor shall, at least 1767 one (1) time per year, direct mail all Customers for the purposes of notifying them of the annual 1768 Container replacement or Container swap at no additional charge. 1769 C. 2376 G. Maintenance, Cleaning, Painting. All Containers shall be maintained in a safe, serviceable, and 1770 2377 functional condition and present a clean appearance. Contractor shall repair or replace all 2378 Containers damaged by Collection operations in accordance with standards specified in Section 2379 8.5.F, unless damage is caused by Subscriber's gross negligence, in which case, the Subscriber will 2380 be billed for repair or replacement of Container at a Rate not to exceed the Maximum Rate for 2381 such service. All Containers shall be maintained in a functional condition. 2382 Contractor shall steam clean and repaint all 1771 Containers as needed (other than Carts) so as to 2383 present a clean appearance. Contractor shall offer 1772 steam cleaning service (or clean Container 2384 exchange) to Customers Subscribers requesting such service service, and shall charge Subscribers for such cleaning 2385 (or 1773 Container exchange) at no cost one (1) time per a Rate Period, with additional Container exchanges 1774 provided not to Customer at a cost approved by City Franchise Contract Administratorexceed Maximum Rates. 1775 2386 Contractor shall proactively monitor Customer Containers and shall remove graffiti from Containers 1776 within forty-eight forty‐eight (48) hours of identification by 2387 Contractor or notice by City CCCSWA or Customer Subscriber if such 1777 graffiti includes any written or pictorial 2388 obscenities and otherwise on Customer’s next Service 1778 Opportunity, but not to exceed within a one (1) weekweek period. This service shall not account for any Customer2389 At the CCCSWA’s 1779 swap-service that is allowed at no cost one (1) time per year. 1780 Upon request from the City Franchise Contract Administratorrequest, Contractor shall provide the City CCCSWA with 1781 a list of Containers and the date 2390 each Container was painted and maintained.. 2391 H. CCCSWA Ownership of Containers at End of Term. Upon expiration or early termination of 2392 Agreement, all Carts, Bins, Drop Boxes, and Compactors (for permanent Subscribers) purchased 2393 and put into service at Subscribers’ Premises during the Term of the Agreement shall become 2394 property of the CCCSWA at no cost to the CCCSWA if such Containers are fully depreciated. All 2395 Carts, Bins, Drop Boxes, and Compactors (for permanent Subscribers) purchased and put into 2396 service at Subscribers’ Premises during the Term of the Agreement that have not been fully 2397 depreciated shall be available to the CCCSWA, at the CCCSWA’s option, at a cost reflecting the net 2398 book value. 2399 At its sole discretion, the CCCSWA may elect not to exercise its rights with regards to this Section 2400 and, in such case, the Containers shall remain the property of the Contractor upon the date of this 2401 Agreement’s expiration or earlier termination. In such case, Contractor shall be responsible for 2402 outstanding depreciation and for removing all Containers in service from the Premises within 2403 fourteen (14) Business Days of the expiration date or early termination date of this Agreement or 2404 within a different timeframe mutually agreed to by the Parties. Contractor shall arrange for reuse