Cudahy City Council
August 19, 2025

AGENDA

A REGULAR MEETING

OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY

TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, August 19, 2025 – 6:30 P.M.

Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection at www.cityofcudahy.com In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.

Rules of Decorum
Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)
Elizabeth Alcantar Loza, Mayor
Cynthia Gonzalez, Vice Mayor
Martin U. Fuentes, Council Member
Amanda Gomez, Council Member
Daisy Lomelí, Council Member
This meeting will be conducted in person,
telephonically, and electronically.

Council Chambers/Bedwell Hall
5240 Santa Ana Street
Cudahy, CA 90201
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 870 5125 6910
https://us06web.zoom.us/j/87051256910

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
August 19, 2025, at 6:30 P.M.

1. CALL TO ORDER

2. ROLL CALL
Council / Agency Member Fuentes
Council / Agency Member Gomez
Council / Agency Member Lomelí
Vice Mayor / Vice Chair Gonzalez
Mayor / Chair Alcantar Loza

3. APPROVAL OF AGENDA

4. PLEDGE OF ALLEGIANCE

5. LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

6. PRESENTATIONS
A. Introduction of Beatriz Davis, with the U.S. Small Business Administration (SBA)

7. PUBLIC COMMENTS
(Each member of the public may provide a public comment in person, telephonically or electronically.

In person participants must submit one comment card if they wish to address the City Council. Only speakers that submit a comment card within the first 20 minutes of the meeting will be permitted to speak. Remote participants may provide public comment by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if they wish to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items under the City Council’s jurisdiction, including items on the council agenda.)
(Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)

8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)
(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments, suggested discussion topics for future council meetings, general concerns about particular city matters,

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
August 19, 2025, at 6:30 P.M.

questions to the staff, and directives to the staff (subject to approval / consent of the City Council majority members present, regarding staff directives). Each Council / Agency Member will be allowed to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)

9. CITY MANAGER REPORT (information only)

10. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE

MEETINGS

11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.

12. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.) A. Consideration to Review and Approve the Draft Minutes of July 1, 2025, for the Special Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 9) Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for July 1, 2025.

B. Approval of the Local Agency Investment Fund (LAIF) for the Month of July 2025 (page 15) Presented by the Interim Finance Director

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
August 19, 2025, at 6:30 P.M.

Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of July 2025 in the amount of $9,538,870.93.

C. Approval of the City Demands and Payroll Including Statement of Investment for the Month of July 2025 (page 19)
Presented by the Interim Finance Director
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $5,348,611.40, including the Statement of Investments for the month of July 2025.

D. Proclamation - National Preparedness Month (page 31) Presented by the Assistant to the City Manager
Recommendation: The City Council is requested to approve a proclamation declaring September 2025 as National Preparedness Month in the City of Cudahy.

E. Receive and File Annual Emergency Preparedness Update (page 35) Presented by the Assistant to the City Manager
Recommendation: Staff recommends that the City Council receive and file the Annual Emergency Preparedness Update, which outlines the City of Cudahy’s recent accomplishments, ongoing initiatives, and strategic planning efforts to strengthen local disaster resilience, coordination, and emergency response readiness.

F. Consideration to Authorize the City Manager to Enter into a Memorandum of Understanding Between the City of Cudahy and the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the Proposition A Discretionary Incentive Grant Program (page 45) Presented by the Senior Engineer
Recommendation: The City Council is recommended to consider authorizing the City Manager to enter into a Memorandum of Understanding between the City of Cudahy and the Los Angeles County Metropolitan Transportation Authority for the Proposition A Discretionary Incentive Grant Program.

G. Consideration to Appoint Erica Dominguez to the Planning Commission (page 55) Presented by the City Clerk

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
August 19, 2025, at 6:30 P.M.

Recommendation: The City Council is requested to:

1. Remove Elias Zepeda from the Planning Commission; and

2. Appoint Erica Dominguez to the Planning Commission, Council Member Fuentes's appointment.

13. PUBLIC HEARING
A. Public Hearing to Receive Testimony and Written Protests related to the Solid Waste Fee Adjustment and Third Amendment to the Contract Services Agreement with Consolidated Disposal Service LLC, dba Republic Services, in Compliance with SB 1383 (page 65) Presented by the Assistant to the City Manager
Recommendation: The City Council is recommended to open the public hearing and receive public comment, testimony, and any written protests related to the solid waste fee adjustment and third amendment to the contract services agreement with Consolidated Disposal Service LLC, dba Republic Services, in compliance with SB 1383 and receive and file the presentation by City staff.

14. BUSINESS SESSION
A. Approval of a Professional Services Agreement with Risk Management Professionals for Hazard Mitigation Planning Services (Local Hazard Mitigation Plan) (page 195) Presented by the Assistant to the City Manager
Recommendation: The City Council is requested to approve a Professional Services Agreement with Risk Management Professionals in an amount not to exceed $59,922 to facilitate the development of the City’s Hazard Mitigation Plan (LHMP), and authorize the City Manager to execute the agreement.

B. Adoption of Resolution No. 25-48, Approving the “Public Health for All” Initiative and Directing Staff to Begin Phased Implementation of Its Components (page 283) Presented by the Assistant to the City Manager
Recommendation: The City Council is requested to adopt Resolution No. 25-48, approving the “Public Health for All” Initiative and directing staff to begin phased implementation of its components.

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
August 19, 2025, at 6:30 P.M.

C. Adoption of Resolution No. 25-49, Requiring Translation of All Written Communications to Residents from English into Spanish (page 327)
Presented by the City Clerk
Recommendation: The City Council is requested to adopt Resolution No. 25-49, requiring translation of all written communications to residents from English into Spanish.

D. Discussion and Adoption of Resolution No. 25-50, Urging Federal Representatives Advocate for Residents; Directing Staff to Submit Freedom of Information Act Requests to U.S. Immigration and Customs Enforcement for Records Related to Immigration Enforcement Activity; Committing to Providing Accurate Information; and Calling Community Members and Organizations to Action (page 333)
Presented by the City Clerk
Recommendation: The City Council is requested to discuss and adopt Resolution No. 25-50 urging Federal representatives to advocate for residents; directing staff to submit Freedom of Information Act requests to U.S. Immigration and Customs Enforcement for records related to immigration enforcement activity; committing to providing accurate information; and calling community members and organizations to action.

E. Discussion and Direction Regarding the Landscaping and Lighting District Assessment Presented by the City Clerk
Recommendation: The City Council is requested to discuss and provide direction to begin the process for reconsideration of the Landscaping and Lighting District Assessment.

15. COUNCIL DISCUSSION - NONE

16. CLOSED SESSION
A. Closed Session Pursuant to Government Code Section 54957.6(a) – Conference with Labor Negotiator Regarding Represented Employees
City’s Designated Representative(s) for Negotiations: City Manager Alfonso Noyola Employee Organization: Cudahy Miscellaneous Employees Association (CMEA) B. Closed Session Pursuant to Government Code Section 54957(b)(1) – Public Employee Recruitment Title of Position Under Consideration: City Manager

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
August 19, 2025, at 6:30 P.M.

C. Closed Session Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiator City’s Designated Representative: Stephanie Arechiga, City Attorney Unrepresented Employee – Title: Interim City Manager
D. Closed Session Pursuant to Government Code Section 54956.8-Conference with Real Property Negotiators
Property: APN 6224-018-007
Agency Negotiator: City Manager, Alfonso Noyola
Negotiating Parties: Primestor Development, Inc.

Discussion regarding price and terms

17. CLOSED SESSION ANNOUNCEMENT

18. ADJOURNMENT
I, Richard Iglesias, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City’s Website, City Hall, Clara Park, and Lugo Park not less than 72 hours prior to the meeting. A copy of said Agenda is on file in the City Clerk’sOffice.

Dated this 14th day of August 2025
Richard Iglesias
City Clerk

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“Serving the People” "Sirviendo A La Comunidad"
Staff Report
08/19/2025 Page 1 of 2

STAFF REPORT
Date: August 19, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Review and Approve the Draft Minutes of July 1, 2025, for the Special Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission

RECOMMENDATION
The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for July 1, 2025.

BACKGROUND / ANALYSIS
On December 12, 2016, the City Council of the City of Cudahy adopted Resolution No. 16-38, approving the use of summary action minutes, meant to allow the City Clerk's Office to write the minutes in brief, assuring a record of Council's actions, due to having a recording of the full Council Meeting on the City’s website.

Historically
The Municipal Clerk is one of the oldest professions in government, dating back to 1272 A.D., originating in England. The record keeper then was called Remembrancer, an English official whose job was to remind the Lord Treasurer and Barons of Court, of business pending.

Years later, in the 1600s, when early colonists came to America, the office of the Clerk was one of the first offices to be established. Over the years, the City Clerk’s office has become the core for local government, and the liaison to the residents of the Community. The Municipal Item Number
12A

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Clerk (City Clerk) is the record keeper of a City’s recorded history.

William Bennett Munro, a Canadian historian, and political scientist, who taught at Harvard University and the California Institute of Technology, stated in one of his first textbooks written: “No other office in municipal service has so many contacts. It serves the Mayor, the City Council, the City Manager (when there is one), and all administrative departments, without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience.

The public does not realize how many loose ends of city administration this office pulls together.”
Moving forward to the present time, the City Clerk’s office today is generally responsible for keeping a record of City Council meetings; agreements; recordings of official documents; legal advertisements; municipal elections; commissions and committees current files; claims against the city; and other legal or official documents.

City Clerks are required to keep record of the proceedings (minutes) of Council meetings (Government Code Sections 36814 and 40801). Minutes are the official record of a meeting which provides a history of the Council’s decisions and actions.

CONCLUSION
The City Council is requested to approve the attached City Council / Agency Draft Minutes of the proceedings of July 1, 2025.

STRATEGIC PLAN CORRELATION
No correlation to the strategic plan.

FINANCIAL IMPACT
No Financial Impact.

ATTACHMENT
A. July 1, 2025, Draft Minutes
B. Resolution No. 16-38, approving the City Clerk’s use of Summary Action Minutes as the Official Record of the City Council proceedings.

City Council/Successor Agency Minutes of 07/01/2025 Page 1 of 2

MINUTES
CUDAHY CITY COUNCIL SPECIAL MEETING and
CITY OF CUDAHY AS SUCCESSOR AGENCY and

HOUSING SUCCESSOR AGENCY TO THE CUDAHY

DEVELOPMENT COMMISSION JOINT MEETING
July 1, 2025 6:00 P.M.

1. CALL TO ORDER
Mayor / Chair Alcantar Loza called the meeting to order at 6:05 p.m.

2. ROLL CALL
PRESENT: Council / Agency Member Martin Fuentes
Council / Agency Member Amanda Gomez
Mayor / Chair Elizabeth Alcantar Loza
ABSENT: Council / Agency Member Daisy Lomelí
Vice Mayor / Vice Chair Cynthia Gonzalez
ALSO PRESENT: Assistant City Manager/Community Development Director, Juan Arauz, City Attorney, Stephanie Arechiga, City Attorney, Paloma McEvoy, and City Clerk, Richard Iglesias.

3. PUBLIC COMMENTS – NONE

4. BUSINESS SESSION
A. Approve a Professional Services Agreement with HR Dynamics & Performance Management, Inc.

Presented by the City Attorney
Recommendation: The City Council is requested to review and approve a Professional Services Agreement with HR Dynamics & Performance Management, Inc. for Professional Human Resources Consulting Services.

Motion: Mayor Alcantar motioned to bring this item to the July 15th regular City Council meeting, seconded by Council Member Fuentes. Motion passed 3-0-2 by the following roll call vote:

AYES: Fuentes, Gomez, and Alcantar Loza
NOES: None
ABSENT: Lomelí and Gonzalez
ABSTAIN: None
Attachment A Page 11 of 340
City Council/Successor Agency Minutes of 07/01/2025 Page 2 of 2 At 6:08 p.m., City Attorney, Stephanie Arechiga recessed to closed session.

5. CLOSED SESSION
A. Closed Session Pursuant to Government Code § 54956.9(d)(1)-Conference with Legal Counsel Existing Litigation-Javier Barajas, et al. v City of Cudahy et al. Case No. 23NWCV04182
At 6:25 p.m., Mayor Alcantar Loza reconvened to open session.

6. CLOSED SESSION ANNOUNCEMENT
City Attorney Stephanie Arechiga announced that all three Councilmembers present tonight were present during closed session, direction was given, and no further reportable action.

7. ADJOURNMENT
The City Council / Agency meeting adjourned at 6:26 p.m.

Elizabeth Alcantar Loza
Mayor
ATTEST:

Richard Iglesias
City Clerk

Attachment
B

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/19/2025 Page 1 of 2

STAFF REPORT
Date: August 19, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Katherine Godbey, Interim Finance Director
Subject: Approval of the Local Agency Investment Fund (LAIF) for the Month of July 2025

RECOMMENDATION
The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of July 2025 in the amount of $9,538,870.93.

BACKGROUND

1. In 1955, the Pooled Money Investment Account (PMIA) started. LAIF became part of the PMIA. The oversight is provided by the Pooled Money Investment Board (PMIB) and an inhouse Investment Committee. The PMIB members consist of the State Treasurer, Director of Finance, and State Controller.

2. In 1977, LAIF was created as a voluntary program by Section 16429.1 et seq. of the California Government Code. The program was intended to be used as an investment alternative for California's local governments and special districts. The LAIF continues today under State Treasurer, Fiona Ma's administration.

3. On July 1, 2025, the balance in LAIF was $11,413,820.63 (See Attachment).

4. In July 2025, $125,050.30 in interest was received for the 2nd quarter of 2025.

5. In July 2025, the City transferred $2,000,000.00 from LAIF to the Wells Fargo checking account.

6. On July 31, 2025, the balance in LAIF was $9,538,870.93 (See Attachment).

Item Number
12B

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ANALYSIS
The voluntary program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Treasurer’s Office investment staff at no additional cost to the taxpayer.

All securities are purchased under the authority of Government Code Section 16430 and 16480.4. The State Treasurer's Office takes delivery of all securities purchased on a delivery versus payment basis using a third-party custodian.

Cudahy Municipal Code Section 3.04.080 indicates, "Except as otherwise provided, no warrant shall be drawn or evidence of indebtedness issued unless there shall be at the time sufficient money in the treasury legally applicable to the payment of the same."

CONCLUSION
Once the City Council approves the current LAIF, this balance may be relied upon when determining if the City has sufficient funds available to pay demands and payroll as required by Cudahy Municipal Code Section 3.04.080.

STRATEGIC PLAN CORRELATION
Strategy #2. Provide regular updates to the City Council and community about the city’s finances.

FINANCIAL IMPACT
None

ATTACHMENT
A. Local Agency Investment Fund (LAIF) Balance.

LOCAL AGENCY INVESTMENT FUND
General Account - City #98-19-225
Beginning Balance as of July 01, 2025 $11,413,820.63
LAIF Interest earned 125,050.30
Transfer from City operating account 0
Transfer to City operating account -2,000,000.00
Ending Balance as of July 31, 2025 $ 9,538,870.93
Attachment A Page 17 of 340
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STAFF REPORT
Date: August 19, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Katherine Godbey, Interim Finance Director
Subject: Approval of the City Demands and Payroll Including Statement of Investment for the Month of July 2025

RECOMMENDATION
The City Council is requested to approve the Demands and Payroll in the amount of $5,348,611.40, including the Statement of Investments for the month of July 2025.

BACKGROUND

1. On December 13, 1993, Ordinance 476 was adopted and codified as Cudahy Municipal Code Section 3.04.080 indicating, "Except as otherwise provided, no warrant shall be drawn, or evidence of indebtedness issued unless there shall be at the time sufficient money in the treasury legally applicable to the payment of the same."

2. During the month, the Finance Department completed the following demands and payroll:

A/P Demands $4,817,086.46
Payroll $531,524.94
Total: $5,348,611.40
Attachment A
Attachment B
Item Number
12C

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/19/2025 Page 2 of 2

ANALYSIS
The Check Register Report (Attachment A), Payroll Warrants including payroll taxes and insurance premiums (Attachment B), Statement of Investment (Attachment C) indicate that the cash and investment balance was sufficient for disbursements for the month, a summary of cash received and disbursed by month during Fiscal Year (FY) 2024-25 (Attachment D), and a summary of cash received and disbursed by month during FY 2023-24 (Attachment E).

Cudahy Municipal Code Section 3.04.070 indicates, "Budgeted demands paid by warrant prior to audit by the council shall be presented to the council for ratification and approval..."

CONCLUSION
The Finance Director certifies the accuracy and availability of funds for payment. A Demand/Warrant Register has been submitted to the City Council for approval in accordance with Cudahy Municipal Code Section 3.04.070.

STRATEGIC PLAN CORRELATION
Goal (Financial Stability and Transparency)
• Provide regular updates to the City Council and Community about the City’s finances.

FINANCIAL IMPACT
The Statement of Investments Report (Attachment C) indicates that there are sufficient funds within the City’s holdings to meet the City’s cash flow requirements.

ATTACHMENTS
A. Accounts Payable Check Register Report.

B. Payroll Warrants including payroll taxes and insurance premiums.

C. Statement of Investments
D. Summary of Cash Receipt / Disbursement by Month FY 2025-26 E. Summary of Cash Receipt / Disbursement by Month FY 2024-25 F. Credit Card Payment Detail paid during the month.

8/6/2025 8:37:41 AM Page 1 of 5
Check Report
City of Cudahy By Check Number
Date Range: 07/01/2025 - 07/31/2025
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: WF Checking-WF Checking
2378-3 8330 ATLANTIC AVE INC 07/02/2025 Regular 0.00 811.96 56975 11036 ACC Business 07/02/2025 Regular 0.00 440.33 56976 9966 AT & T LONG DISTANCE SERVICE 07/02/2025 Regular 0.00 49.63 56977 11209 California Building Officials 07/02/2025 Regular 0.00 2,540.00 56978 11215 Chido Entertainment 07/02/2025 Regular 0.00 2,500.00 56979 0186 COUNTY OF LOS ANGELES DEPT OF ANIMAL CARE & CONTROL 07/02/2025 Regular 0.00 56,919.57 56980 10872 CSLM Construction, Inc. 07/02/2025 Regular 0.00 1,290.00 56981 5552 CUDAHY AUTO CENTER INC 07/02/2025 Regular 0.00 182.40 56982 11183 David Gomez 07/02/2025 Regular 0.00 1,200.00 56983 10162 DE SANTIAGO SUSANA 07/02/2025 Regular 0.00 668.00 56984 10616 EDISON FIRE EXTINGUISHER CO IN DBA: EDISON FIRE PROTECTION CO 07/02/2025 Regular 0.00 349.64 56985 11182 El Camino Property Management Services 07/02/2025 Regular 0.00 1,455.00 56986 6086 EWING INC 07/02/2025 Regular 0.00 1,298.57 56987
10581 FIESTA TAXI COOPERATIVE INC. 07/02/2025 Regular 0.00 13,671.89 56988 5532 FLAGTIME U.S.A. 07/02/2025 Regular 0.00 1,543.11 56989 11214 Flavio Hernandez 07/02/2025 Regular 0.00 2,500.00 56990 2139 HINDERLITER DELLAMAS & ASST 07/02/2025 Regular 0.00 1,663.53 56991 11202 Hugo Rojas 07/02/2025 Regular 0.00 25.00 56992
10874 JCL Traffic Services 07/02/2025 Regular 0.00 10,475.31 56993 11077 Jose de Santiago 07/02/2025 Regular 0.00 515.52 56994 11080 JUAN CONTRERAS 07/02/2025 Regular 0.00 45.00 56995 11210 Julio Galeano 07/02/2025 Regular 0.00 45.00 56996 10394 KEENAN ASSOCIATES 07/02/2025 Regular 0.00 5,000.00 56997 10868 Language Network, Inc. 07/02/2025 Regular 0.00 3,757.12 56998 0092-7 LEAGUE OF CALIFORNIA CITIES 07/02/2025 Regular 0.00 1,081.50 56999 10721 LOOMIS 07/02/2025 Regular 0.00 400.70 57000
11108 Los Angeles Regional Ineroperable Communication System Authority 07/02/2025 Regular 0.00 80.00 57001 10655 LUIS AGUILAR 07/02/2025 Regular 0.00 350.00 57002 10985 Maria Camanero 07/02/2025 Regular 0.00 100.00 57003 11119 MG Express 07/02/2025 Regular 0.00 1,225.00 57004 10201-1 OLIVAREZ MADRUGA LAW ORGANIZATION, LLP 07/02/2025 Regular 0.00 33,870.90 57005 11211 Patrick Martinez 07/02/2025 Regular 0.00 3,889.62 57006 9717 PCAM, LLC 07/02/2025 Regular 0.00 19,473.90 57007
10553 QUINTANA TEVINA 07/02/2025 Regular 0.00 319.23 57008 9737 REGIONAL TAP SERVICE CENTER 07/02/2025 Regular 0.00 4.80 57009 5617 SHEILA'S GIFT & FLOWERS 07/02/2025 Regular 0.00 81.77 57010 10883 Southern Tire Mart, LLC. 07/02/2025 Regular 0.00 221.64 57011 11212 Stack Sports 07/02/2025 Regular 0.00 1,500.00 57012 11213 Star Laca 07/02/2025 Regular 0.00 55.50 57013
10467 STEAMX, LLC SIGNAL HILL 07/02/2025 Regular 0.00 217.08 57014 10869 The Pun Group, LLP. 07/02/2025 Regular 0.00 18,000.00 57015 9991 TRANSTECH ENGINEERING, INC. 07/02/2025 Regular 0.00 61,140.55 57016 8066 TYLER TECHNOLOGIES INC. 07/02/2025 Regular 0.00 13,775.00 57017 10662 UNEXPECTED ATTRACTIONS 07/02/2025 Regular 0.00 1,500.00 57018 10662 UNEXPECTED ATTRACTIONS 07/02/2025 Regular 0.00 -1,500.00 57019 10662 UNEXPECTED ATTRACTIONS 07/02/2025 Regular 0.00 1,500.00 57019 10662 UNEXPECTED ATTRACTIONS 07/02/2025 Regular 0.00 1,500.00 57020 10662 UNEXPECTED ATTRACTIONS 07/02/2025 Regular 0.00 1,500.00 57021 10662 UNEXPECTED ATTRACTIONS 07/02/2025 Regular 0.00 1,500.00 57022 11181 Urban Restoration Group US Inc. 07/02/2025 Regular 0.00 701.68 57023 10862 Victor M. Sanchez 07/02/2025 Regular 0.00 2,500.00 57024 5695 VISTA PAINT 07/02/2025 Regular 0.00 841.46 57025
11049 Walters Wholesale Electric Company 07/02/2025 Regular 0.00 1,020.67 57026 10962 Wells Fargo Bank Charges 07/02/2025 Regular 0.00 60.89 57027 Attachment A Page 21 of 340
Check Report Date Range: 07/01/2025 - 07/31/2025
8/6/2025 8:37:41 AM Page 2 of 5
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 2208 WEST COAST ARBORISTS, INC. 07/02/2025 Regular 0.00 1,425.60 57028 11175 Wilcox Bistro, LLC. 07/02/2025 Regular 0.00 2,170.00 57029 9951 WILLDAN 07/02/2025 Regular 0.00 12,735.50 57030
10735 YUNEX, LLC. 07/02/2025 Regular 0.00 25,578.27 57031 2378-3 8330 ATLANTIC AVE INC 07/16/2025 Regular 0.00 499.24 57032 11218 Alex Cerrillo 07/16/2025 Regular 0.00 1,000.00 57033 1778 ALL CITY MANAGEMENT INC 07/16/2025 Regular 0.00 4,233.06 57034 10595 ARAMSCO INC 07/16/2025 Regular 0.00 293.28 57035
0057-4 AT & T 07/16/2025 Regular 0.00 449.29 57036
8021 AT & T MOBILITY 07/16/2025 Regular 0.00 2,523.01 57037 11219 Bertha Tenones 07/16/2025 Regular 0.00 100.00 57038 10964 BFS Landscape Architects 07/16/2025 Regular 0.00 4,320.00 57039 10502 CINDY'S JUMPERS, LLC 07/16/2025 Regular 0.00 3,340.16 57040 0136 CITY OF SOUTH GATE 07/16/2025 Regular 0.00 75.00 57041 10723 DIONICIO SALAZAR 07/16/2025 Regular 0.00 450.00 57042 11217 Donald Estrada 07/16/2025 Regular 0.00 200.00 57043 9998 DOWNEY SIGN & LIGHTING 07/16/2025 Regular 0.00 3,480.55 57044 10692 DS TECHNICIAN, INC. 07/16/2025 Regular 0.00 835.88 57045 11182 El Camino Property Management Services 07/16/2025 Regular 0.00 1,455.00 57046 11073 Emilia DiPiazza 07/16/2025 Regular 0.00 3,243.00 57047 10485 ENTERPRISE FM TRUST 07/16/2025 Regular 0.00 4,958.17 57048 4402 GATEWAY CITIES COUNCIL OF GOVERNMENT 07/16/2025 Regular 0.00 26,170.00 57049 11220 Harry Martinez 07/16/2025 Regular 0.00 1,000.00 57050 10874 JCL Traffic Services 07/16/2025 Regular 0.00 8,851.21 57051 11208 Katherine Godbey 07/16/2025 Regular 0.00 15,881.17 57052 10868 Language Network, Inc. 07/16/2025 Regular 0.00 1,668.60 57053 11221 Leyla Alonso 07/16/2025 Regular 0.00 100.00 57054 10721 LOOMIS 07/16/2025 Regular 0.00 407.41 57055
10655 LUIS AGUILAR 07/16/2025 Regular 0.00 522.00 57056 11222 Madeline Sophia Alvarado 07/16/2025 Regular 0.00 1,000.00 57057 11119 MG Express 07/16/2025 Regular 0.00 1,575.00 57058 7014 NATIONWIDE ENVIRONMENTAL SERVICES INC 07/16/2025 Regular 0.00 10,584.65 57059 10727 SANCHEZ AWARDS Victor Javier Sanchez 07/16/2025 Regular 0.00 66.45 57060 11174 Simgel Co, Inc. 07/16/2025 Regular 0.00 1,573,147.78 57061 10497 SOUTHEAST RIO VISTA YMCA 07/16/2025 Regular 0.00 5,161.00 57062 10853 SWA Group, Inc. 07/16/2025 Regular 0.00 41,900.25 57063 10827 Teslarian, Inc. 07/16/2025 Regular 0.00 3,200.00 57064 0079 TRACT 180 WATER COMPANY 07/16/2025 Regular 0.00 3,613.29 57065 9991 TRANSTECH ENGINEERING, INC. 07/16/2025 Regular 0.00 137,866.89 57066 **Void** 07/16/2025 Regular 0.00 0.00 57067
10745 TRAVELERS 07/16/2025 Regular 0.00 237.00 57068
8066 TYLER TECHNOLOGIES INC. 07/16/2025 Regular 0.00 2,271.25 57069 2859 UNDERGROUND SERVICE ALERT-SC SOUTHERN CALIFORNIA 07/16/2025 Regular 0.00 85.85 57070 11223 Veronica Campos 07/16/2025 Regular 0.00 320.00 57071 9951 WILLDAN 07/16/2025 Regular 0.00 8,731.75 57072
10401 WILLDAN FINANCIAL SERVICES 07/16/2025 Regular 0.00 28,370.40 57073 10735 YUNEX, LLC. 07/16/2025 Regular 0.00 11,671.33 57074 0197 LA COUNTY SHERIFF'S DEPARTMENT 07/23/2025 Regular 0.00 -395,442.61 57075 0197 LA COUNTY SHERIFF'S DEPARTMENT 07/23/2025 Regular 0.00 395,442.61 57075 10598 LEAF 07/23/2025 Regular 0.00 -889.91 57076
10598 LEAF 07/23/2025 Regular 0.00 889.91 57076
2378-3 8330 ATLANTIC AVE INC 07/30/2025 Regular 0.00 1,897.26 57077 11036 ACC Business 07/30/2025 Regular 0.00 440.33 57078 10658 ALFONSO NOYOLA 07/30/2025 Regular 0.00 764.07 57079 11065 Alice Computerworks Corp. 07/30/2025 Regular 0.00 149.00 57080 1778 ALL CITY MANAGEMENT INC 07/30/2025 Regular 0.00 940.68 57081 7995 AMERICAN CITY PEST & TERMITE 07/30/2025 Regular 0.00 947.00 57082 10595 ARAMSCO INC 07/30/2025 Regular 0.00 4,946.98 57083 9966 AT & T LONG DISTANCE SERVICE 07/30/2025 Regular 0.00 49.41 57084 10133 AVANT-GARDE, INC. 07/30/2025 Regular 0.00 343.75 57085 10520 CASTRO DISCOUNT TIRES INC 07/30/2025 Regular 0.00 15.00 57086

Check Report Date Range: 07/01/2025 - 07/31/2025
8/6/2025 8:37:41 AM Page 3 of 5
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 4546 CENTRAL BASIN MUNICIPAL WATER 07/30/2025 Regular 0.00 27.20 57087 10711 CLEARNETWORK, INC. 07/30/2025 Regular 0.00 395.84 57088 11233 Cristina Martinez 07/30/2025 Regular 0.00 45.00 57089 5552 CUDAHY AUTO CENTER INC 07/30/2025 Regular 0.00 161.76 57090 10562 DATA TICKET INC. 07/30/2025 Regular 0.00 10,009.61 57091 11216 DJM Commercial Construction 07/30/2025 Regular 0.00 19,369.00 57092 8394 DK SANDLER BROTHERS, Inc. 07/30/2025 Regular 0.00 408.69 57093 10581 FIESTA TAXI COOPERATIVE INC. 07/30/2025 Regular 0.00 15,224.68 57094 11131 Gateway Cities Affordable Housing Trust 07/30/2025 Regular 0.00 7,732.50 57095 11230 Hanson Bridgett LLP 07/30/2025 Regular 0.00 3,500.00 57096 11077 Jose de Santiago 07/30/2025 Regular 0.00 534.24 57097 11234 Juan Herrera 07/30/2025 Regular 0.00 2,500.00 57098 10798 Justin Moreno 07/30/2025 Regular 0.00 568.71 57099 10394 KEENAN ASSOCIATES 07/30/2025 Regular 0.00 636,785.45 57100 10694 KIMLEY-HORN AND ASSOCIATES,INC 07/30/2025 Regular 0.00 5,693.94 57101 0197 LA COUNTY SHERIFF'S DEPARTMENT 07/30/2025 Regular 0.00 790,885.22 57102 10868 Language Network, Inc. 07/30/2025 Regular 0.00 1,613.90 57103 10598 LEAF 07/30/2025 Regular 0.00 510.75 57104
11108 Los Angeles Regional Ineroperable Communication System Authority 07/30/2025 Regular 0.00 80.00 57105 11225 Lucinda Cruz 07/30/2025 Regular 0.00 35.00 57106
10655 LUIS AGUILAR 07/30/2025 Regular 0.00 2,087.50 57107 11226 Maria Chamul 07/30/2025 Regular 0.00 100.00 57108 11229 Marina Gonzalez 07/30/2025 Regular 0.00 100.00 57109 11228 Martha Duenas 07/30/2025 Regular 0.00 40.00 57110 11119 MG Express 07/30/2025 Regular 0.00 1,675.00 57111 11161 MGT Impact Solutions, LLC. 07/30/2025 Regular 0.00 1,718.90 57112 8146 NICHOLS CONSULTING ENGINEERS 07/30/2025 Regular 0.00 265.00 57113 10201-1 OLIVAREZ MADRUGA LAW ORGANIZATION, LLP 07/30/2025 Regular 0.00 51,719.50 57114 10436 ONTARIO REFRIGERATION 07/30/2025 Regular 0.00 2,713.00 57115 4502 PYRO SPECTACULARS, INC. 07/30/2025 Regular 0.00 21,525.00 57116 11227 Rosa Limas 07/30/2025 Regular 0.00 25.00 57117
10651 RYDIN DRI-STICK DECAL CORP 07/30/2025 Regular 0.00 1,147.24 57118 0079 TRACT 180 WATER COMPANY 07/30/2025 Regular 0.00 104.03 57119 11224 Tripepi Smith and Associates, Inc. 07/30/2025 Regular 0.00 10,568.75 57120 2859 UNDERGROUND SERVICE ALERT-SC SOUTHERN CALIFORNIA 07/30/2025 Regular 0.00 43.30 57121 10662 UNEXPECTED ATTRACTIONS 07/30/2025 Regular 0.00 -3,400.00 57122 10662 UNEXPECTED ATTRACTIONS 07/30/2025 Regular 0.00 3,400.00 57122 10662 UNEXPECTED ATTRACTIONS 07/30/2025 Regular 0.00 -1,500.00 57123 10662 UNEXPECTED ATTRACTIONS 07/30/2025 Regular 0.00 1,500.00 57123 2208 WEST COAST ARBORISTS, INC. 07/30/2025 Regular 0.00 6,417.00 57124 11175 Wilcox Bistro, LLC. 07/30/2025 Regular 0.00 2,170.00 57125 9951 WILLDAN 07/30/2025 Regular 0.00 23,092.43 57126
9951 WILLDAN 07/30/2025 Regular 0.00 -23,092.43 57126
10735 YUNEX, LLC. 07/30/2025 Regular 0.00 25,770.00 57127 10872 CSLM Construction, Inc. 07/31/2025 Regular 0.00 1,290.00 57128 0197 LA COUNTY SHERIFF'S DEPARTMENT 07/31/2025 Regular 0.00 395,442.61 57129 10598 LEAF 07/31/2025 Regular 0.00 889.91 57130
10321 PRECISION CONCRETE CUTTING 07/31/2025 Regular 0.00 24,225.00 57131 10662 UNEXPECTED ATTRACTIONS 07/31/2025 Regular 0.00 1,800.00 57132 9951 WILLDAN 07/31/2025 Regular 0.00 10,567.43 57133
10640 AMAZON CAPITAL SERVICES, INC. 07/02/2025 Bank Draft 0.00 973.51 DFT0000993 10490 CHARTER COMMUNICATIONS 07/02/2025 Bank Draft 0.00 229.99 DFT0000994 10490 CHARTER COMMUNICATIONS 07/02/2025 Bank Draft 0.00 319.99 DFT0000995 10490 CHARTER COMMUNICATIONS 07/02/2025 Bank Draft 0.00 229.99 DFT0000996 0126-1 GOLDEN STATE WATER COMPANY 07/02/2025 Bank Draft 0.00 4,421.89 DFT0000997 2802 SAM'S CLUB 07/02/2025 Bank Draft 0.00 2,849.14 DFT0000998 0070 SOUTHERN CALIFORNIA EDISON 07/02/2025 Bank Draft 0.00 2,426.16 DFT0000999 0070 SOUTHERN CALIFORNIA EDISON 07/02/2025 Bank Draft 0.00 1,444.27 DFT0001000 0070 SOUTHERN CALIFORNIA EDISON 07/02/2025 Bank Draft 0.00 30.96 DFT0001001 10643 STATE COMPENSATION INS FUND 07/02/2025 Bank Draft 0.00 24,974.21 DFT0001002 10053 HAULAWAY STORAGE CONTAINERS 07/16/2025 Bank Draft 0.00 89.04 DFT0001013

Check Report Date Range: 07/01/2025 - 07/31/2025
8/6/2025 8:37:41 AM Page 4 of 5
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 10081-2 QUADIENT FINANCE USA, INC. 07/16/2025 Bank Draft 0.00 500.00 DFT0001014 10081-2 QUADIENT FINANCE USA, INC. 07/16/2025 Bank Draft 0.00 -500.00 DFT0001014 0070 SOUTHERN CALIFORNIA EDISON 07/16/2025 Bank Draft 0.00 12,049.41 DFT0001015 0070 SOUTHERN CALIFORNIA EDISON 07/16/2025 Bank Draft 0.00 14.96 DFT0001016 0070 SOUTHERN CALIFORNIA EDISON 07/16/2025 Bank Draft 0.00 78.92 DFT0001017 0070 SOUTHERN CALIFORNIA EDISON 07/16/2025 Bank Draft 0.00 32.97 DFT0001018 0070 SOUTHERN CALIFORNIA EDISON 07/16/2025 Bank Draft 0.00 722.99 DFT0001019 0070 SOUTHERN CALIFORNIA EDISON 07/16/2025 Bank Draft 0.00 791.57 DFT0001020 10603 ADVANCED IMAGING SOLUTIONS 07/16/2025 Bank Draft 0.00 440.74 DFT0001021 10729 WELLSONE COMMERCIAL CARD 07/07/2025 Bank Draft 0.00 40,625.07 DFT0001023 0059-2 CALPERS FINANCIAL REPORTING & 07/30/2025 Bank Draft 0.00 407,655.00 DFT0001028 10490 CHARTER COMMUNICATIONS 07/30/2025 Bank Draft 0.00 319.99 DFT0001029 10490 CHARTER COMMUNICATIONS 07/30/2025 Bank Draft 0.00 975.00 DFT0001030 10490 CHARTER COMMUNICATIONS 07/30/2025 Bank Draft 0.00 229.99 DFT0001031 10490 CHARTER COMMUNICATIONS 07/30/2025 Bank Draft 0.00 229.99 DFT0001032 0126-1 GOLDEN STATE WATER COMPANY 07/30/2025 Bank Draft 0.00 4,462.42 DFT0001033 10081-2 QUADIENT FINANCE USA, INC. 07/30/2025 Bank Draft 0.00 546.72 DFT0001034 10586 QUADIENT LEASING 07/30/2025 Bank Draft 0.00 236.14 DFT0001035 0071-1 SO CAL GAS 07/30/2025 Bank Draft 0.00 65.06 DFT0001036 0071-1 SO CAL GAS 07/30/2025 Bank Draft 0.00 90.44 DFT0001037 0071-1 SO CAL GAS 07/30/2025 Bank Draft 0.00 26.62 DFT0001038 0070 SOUTHERN CALIFORNIA EDISON 07/30/2025 Bank Draft 0.00 3,565.41 DFT0001039 0070 SOUTHERN CALIFORNIA EDISON 07/30/2025 Bank Draft 0.00 13.96 DFT0001040 0070 SOUTHERN CALIFORNIA EDISON 07/30/2025 Bank Draft 0.00 2,347.23 DFT0001041 0070 SOUTHERN CALIFORNIA EDISON 07/30/2025 Bank Draft 0.00 -778.66 DFT0001042 0070 SOUTHERN CALIFORNIA EDISON 07/30/2025 Bank Draft 0.00 778.66 DFT0001042 10640 AMAZON CAPITAL SERVICES, INC. 07/31/2025 Bank Draft 0.00 970.81 DFT0001044 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code WF Checking Summary
Bank Drafts
EFT's
158
0 7
38 0

0.00 0.00

0.00 0.00

0.00 203 0.00
Payment
4,728,430.85

0.00 -425,824.95
514,480.56

0.00 4,817,086.46
Payable
Count
253
0 0
37 0
290

Check Report Date Range: 07/01/2025 - 07/31/2025
8/6/2025 8:37:41 AM Page 5 of 5
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
158
0 7
38 0

0.00 0.00

0.00 0.00

0.00 203 0.00
4,728,430.85

0.00 -425,824.95
514,480.56

0.00 4,817,086.46
253
0 0
37 0
290
Fund Name Period Amount
Fund Summary
998 Pooled Cash 7/2025 4,817,086.46
4,817,086.46

ATTACHMENT B
Sick Leave
Buy Back
07/15/25 07/22/25 07/31/25 Total
Payroll Check Issued - - - -
(a) Direct Deposits 122,195.87 77,666.55 119,527.32 319,389.74 (b) ICMA & Union Dues 3,315.00 - 3,315.00 6,630.00
(c) CalPERS Ret & 457 Plan 25,787.09 1,659.26 29,974.52 57,420.87 (d) Payroll taxes 27,548.85 14,268.30 20,763.03 62,580.18 (e) CalPERS Medical 75,711.46 - - 75,711.46
(f) Medical 4,857.20 - 4,935.49 9,792.69
Total Amount 259,415.47 93,594.11 178,515.36 531,524.94 (a) Employees / Council Members / Commissioners
(b) ICMA & Union Dues
(c) CalPERS Retirement & 457 Plan
(d) Federal / State payroll taxes and unemployment
(e) CalPERS Medical (active and retired)
(f) Medical Insurance - Active and Retired employees

CITY OF CUDAHY
Payroll - including payroll taxes and insurance premiums:

ATTACHMENT C
Type Issuer Amount % of Total
Deposit - 4588 Wells Fargo 134,962.90 0.76%
Successor Agency - 0688 Wells Fargo 5,010,555.58 28.13% Checking - 7128 Wells Fargo 2,820,066.53 15.83%
Payroll - 4570 Wells Fargo 296,976.14 1.67%
Money Market Account Bank of New York (BNY) (a) 9,407.10 0.05% Pooled Savings State Local Agency 9,538,870.93 53.56%
Investment Fund (LAIF)
Total 17,810,839.18 100.00%
Pursuant to California Government Code Section 53646(b), I hereby certify that all investments held by the Authority are in compliance with state law and the agency's Statement of Investment Policy, and that there are sufficient funds within the agency's investment holdings to meet the Authority's cash flow requirements for the next six (6) months.

Respectfully submitted,
Finance Director

CITY OF CUDAHY
Statement of Investments
July 31, 2025

ATTACHMENT D
Month
Receipts Disbursement
July 2025 $ 543,425.68 $ 5,348,611.40 (a)
August 2025
September 2025
October 2025
November 2025
December 2025
January 2026
February 2026
March 2026
April 2026
May 2026
June 2026
Total: $ 543,425.68 5,348,611.40
Note (a) - Capital Project $1.573M, Sheriff $1.186M (3 months) Keenan (Ins), and CalPERS Unfunded Liability $641K.

Month
Cash Receipts Disbursement
July 2025 $ 481,146.70 $ 3,109,340.64 (1)
August 2025
September 2025
October 2025
November 2025
December 2025
January 2026
February 2026
March 2026
April 2026
May 2026
June 2026
Total: $ 481,146.70 $ 3,109,340.64
Note (a) - Sheriff $1.186M (3 months) Keenan (Ins), and CalPERS Unfunded Liability $641K.

All Funds
General Fund
City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2025-2026

ATTACHMENT E
Month
Receipts Disbursement
July 2024 $ 1,537,864.08 $ 3,641,311.49 (a)
August 2024 995,697.04 1,290,369.09
September 2024 913,424.92 3,023,210.74 (b)
October 2024 1,231,618.97 2,197,219.69 (c)
November 2024 210,291.23 842,168.80
December 2024 808,306.87 1,601,849.17
January 2025 3,780,451.34 (d) 1,721,266.39
February 2025 880,961.79 1,447,014.74
March 2025 900,181.23 1,561,541.79
April 2025 1,786,755.19 (e) 1,900,675.18
May 2025 2,642,468.32 (f) 2,162,630.14
June 2025 1,051,756.76 3,922,309.00 (g)
Total: $ 16,739,777.74 25,311,566.22
Note (a) - City liab. & workers comp insurance, and PERS unfunded pension liab.

Note (b) - Includes $1.7M Debt Service payment
Note (c) - Includes Aug & Sep Sheriff invoice payments
Note (d) - Includes $1.888M in Motor Vehicle In-Lieu taxes Note (e) - Includes $319K in Franchise Fees
Note (f) - Includes $1.888M in Motor Vehicle In-Lieu receipt Note (g) - Includes $2.088M for LA River and $876K for Lugo Park Projects Month
Cash Receipts Disbursement
July 2024 $ 963,942.68 $ 2,896,825.05 (1)
August 2024 678,458.46 1,051,901.91
September 2024 545,421.73 998,247.07
October 2024 765,107.19 1,845,289.62 (2)
November 2024 133,653.35 647,782.87
December 2024 571,683.73 1,210,748.09
January 2025 3,218,974.09 1,364,627.64
February 2025 557,476.33 1,172,987.78
March 2025 605,946.32 1,221,490.94
April 2025 1,158,417.08 1,577,473.09
May 2025 2,510,862.37 (3) 1,445,412.30
June 2025 585,119.44 633,663.29
Total: $ 12,295,062.77 $ 16,066,449.65
Average Per Month: 1,024,588.56 1,338,870.80
Note (1) - City liab. & workers comp ins, and PERS unfunded pension liab.

Note (2) - Includes Aug & Sep Sherrif invoice payments
Note (3) - Includes $1.888M in Motor Vehicle In-lieu taxes City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2024-2025 All Funds
General Fund

ATTACHMENT F
Supplier - Name Transaction - Line Amount G/L Acct
Click2mail 866-665-2787 8,297.55 Parking Permit mailer
Epic-La 5,168.00 Flood Control District Permit Issuance/Inspection Birthworkers Of Color 4,900.00 Special Council Project per Councilwoman Lomeli Lenovo 2,969.15 Computer purchase
Bestbuycom807067130880 2,538.97 Computer purchase
Icma Online 1,435.00 ICMA registration
Hp *hp.Com Store 1,408.38 Computer purchase
Mlb*la Dodgers I 1,276.00 Dodgers event.

Msft * E0300wothb 695.60 Subscription
Staples Inc 00209908 684.13 Office Supplies
Full Source, Llc 682.98 Shirts and Jackets for various department employees.

Adobe *adobe 671.72 Subscription
Robert Brooke & Assoc In 541.75 Hardware for partitions at City Hall Womens and Mens restroom Swank Motion Pictures In 540.00 Rental and movie rights for Beetlejuice. Movie in the park.

Vivint Inc/Us 522.85 Alarm company
C & S Sales, Inc. 500.38 vice mayor's magnets
Southwes 427.40 Travel and meetings
Event Fee Resilient By 390.00 Training and Education
Vistaprint 361.65 Advertising
Msft * E0300wouyz 344.90 Subscription
4imprint, Inc 337.58 Advertising
Sq *sanchez Awards 322.23 Plaques and Badges
Wingstop 717 318.77 Training and Education
World Famous Grill 311.16 Office Supplies
Amazon Mktpl 297.86 Special Projects
United 248.48 Training and Education
Delta Air 247.47 Travel and meetings
The Ups Store 5391 237.00 Employee Physical
Aprintco 227.09 Advertising
Samsclub.Com 223.53 Office Supplies
El Pollo Dorado 2 182.59 Office Supplies
Sq *a.Y. Nursery, Inc 173.62 Park Maintenance & Supplies Smart And Final 319 163.21 Senior Activities
The Home Depot #6627 154.66 Office Supplies
Facebk *yyqp5t46e2 152.00 Advertising
Business.Apple.Com 146.51 Subscription
Facebk *xm8yltg6e2 138.00 Advertising
Facebk *43n5ttc6e2 125.00 Advertising
Sq *pacific Printing 113.91 Special Event
Facebk *s2jblsu5e2 113.00 Advertising
Zoro Tools Inc 112.69 Building Materials
Facebk *658g9tl6e2 102.00 Advertising
Tract 180 Water Company 100.00 Water
Bestbuycom807067115583 99.99 Subscription
Facebk *2p2tktc6e2 92.00 Advertising
Cudahy 89.94 Vehicle Maintenance
In *pro Backflow Testing 85.00 Special Projects
Facebk *jpkrdsu5e2 83.00 Advertising
American Locksets 81.06 Building Materials
Facebk *2dcq8su6e2 75.00 Advertising
Facebk *jaeputy5e2 75.00 Advertising
Puntip Cuisine Llc 70.31 Travel and meetings
Tst*avilas El Ranchito 61.31 Travel and meetings
U-Haul At Atlantic Ave 58.64 Program Supplies
Lyft *ride Tue 8pm 57.30 Travel and meetings
Glorias Cocina Mexicana 54.18 Travel and meetings
Facebk *4m8hjtq6e2 50.38 Advertising
El Pescador 7 50.00 Meeting/Conference Supplies
League Of California Cit 50.00 Travel and meetings
Ihop 761 44.52 Travel and meetings
Cudahy Sinclair 42.25 Gasoline
Zoom.Com 888-799-9666 40.00 Computer Supplies
Portos Bakery Downeycl 39.75 Employee Recognition
Norms - Downey 38.86 Travel and meetings
Expedia 73153368255452 36.56 Training and Education
Bitly.Com 35.00 Advertising
Msft * E0300wotgp 32.00 Computer Supplies
Dunkin #353940 Q35 31.98 Office Supplies
Staples 00113670 25.39 Office Supplies
Raging Waters L.A. 25.00 Excursions
Lyft *ride Sun 12pm 24.76 Travel and meetings
Starbucks 800-782-7282 22.00 Office Supplies
Openai *chatgpt Subscr 20.00 Subscription
Remotepc 818-275-5909 20.00 Office Supplies
Msft * E0300wouz0 16.00 Subscription
Wal-Mart #3180 15.51 Senior Activities
Target 00021790 14.27 Office Supplies
Wm Supercenter #3180 11.85 Office Supplies
Socialwick 10.32 Advertising
Lyft *ride Fri 12pm 8.86 Travel and meetings
Lyft *ride Fri 2pm 8.37 Travel and meetings
Hp *instant Ink 6.07 Computer Supplies
Minutekey 5.54 Office Supplies
Target 00001909 5.53 Office Supplies
Lyft *ride Thu 11pm 4.65 Travel and meetings
Usps Po 0505780402 2.04 Postage
Currency Conversion Fee 0.11 Advertising
40,625.07

CITY OF CUDAHY
Credit Card Payment Detail
Jun 01, 2025 to Jun 30, 2025 paid on Jul 09, 2025

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/19/2025

STAFF REPORT
Date: August 19, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Johncito “John” Peraza, Assistant to the City Manager Subject: Proclamation Declaring September 2025 as National Preparedness Month

RECOMMENDATION
The City Council is requested to approve a proclamation declaring September 2025 as National Preparedness Month in the City of Cudahy.

BACKGROUND
National Preparedness Month is observed each September to encourage residents, businesses, and communities to prepare for emergencies. The City has supported this effort through outreach, training programs, and community events.

ANALYSIS
The proclamation highlights the importance of making emergency plans, building supply kits, staying informed, and taking part in preparedness activities such as drills and CERT programs.

It also affirms the City’s commitment to safety and readiness for all residents, including those with access and functional needs.

CONCLUSION
Adopting the proclamation reinforces the City’s commitment to preparedness and encourages residents to take action before an emergency occurs.

STRATEGIC PLAN CORRELATION
Goal E. City Infrastructure and Service Delivery

6. Implement the Smart Cities project.

Item Number
12D

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/19/2025

FINANCIAL IMPACT
There will be no current impact to the City’s General Fund.

ATTACHMENTS
A. Proclamation

Attachment A Page 33 of 340
Blank Page

“Serving The People "Sirviendo A La Comunidad"
Staff Report
08/19/2025 Page 1 of 3

STAFF REPORT
Date: August 19, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: From: Alfonso Noyola, City Manager/Executive Director By: John Peraza, Assistant to the City Manager
Subject: Receive and File Annual Emergency Preparedness Update

RECOMMENDATION
Staff recommends that the City Council receive and file the Annual Emergency Preparedness Update, which outlines the City of Cudahy’s recent accomplishments, ongoing initiatives, and strategic planning efforts to strengthen local disaster resilience, coordination, and emergency response readiness.

BACKGROUND
The City of Cudahy has remained steadfast in its commitment to emergency preparedness, resilience, and community safety. Over the past year, staff has engaged in an ambitious and coordinated effort to implement citywide plans, conduct training, strengthen regional partnerships, and enhance operational readiness. These initiatives are designed not only to meet regulatory requirements but also to build a culture of preparedness across all levels of the organization and within the community.

ANALYSIS
In 2025, the City of Cudahy reached several significant milestones in its emergency preparedness work. One of the most notable accomplishments was the City Council’s formal adoption of the Cudahy ADA Inclusive Emergency Preparedness Plan, which integrates federal accessibility standards and inclusive planning principles to ensure equitable emergency access for all individuals, including those with disabilities. This plan builds upon the City’s broader commitment to equity and inclusion in public safety and service delivery.

Item Number
12E

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Complementing this effort, the Council also adopted the 2025–2030 Sustainable Urban Planning Emergency Preparedness Plan, which establishes long-term strategies for sustainable and resilient urban development in the face of climate-related and man-made hazards. These two documents now serve as guiding frameworks for future emergency planning in Cudahy.

Additional plans adopted and implemented in 2025 include the City’s Shelter Management Plan, the Disaster Preparedness Communication Plan, and the Crisis and Incident Response Communications Plan, the latter of which focuses on effective internal and external communication during non-natural emergencies, such as acts of violence or civil disturbances.

The City has also prioritized training and regional coordination. In March 2025, Community Emergency Response Team (CERT) training was conducted over three weekends at Bedwell Hall, in partnership with the Los Angeles County Fire Department. In May, all City employees participated in a mandatory Disaster Service Worker training, facilitated by Area E’s Disaster Management Area Coordinator.

Cudahy continues to strengthen its role within the regional emergency management community. The City now serves on the DMA-E Sustainability and Planning Committee, providing local input into countywide preparedness strategies. In April 2025, the City Council approved a Memorandum of Understanding with the American Red Cross, ensuring coordinated shelter and mass care services during declared emergencies.

Planning efforts in climate and energy resilience have also progressed. The Energy Resilience Action Plan, developed in partnership with the Gateway Cities Council of Governments and SoCalREN, was completed earlier this year. The City was honored with a Bronze Award from the Gateway Cities COG in recognition of this achievement. Similarly, the City Council reviewed the draft Climate Action Plan in March 2025, developed in collaboration with Cal Poly San Luis Obispo, with final updates now underway.

Although the City faced challenges navigating FEMA’s technical assistance programs, including the loss of BRIC Direct Technical Assistance and funding for the Local Hazard Mitigation Plan (LHMP), staff has continued to advance planning independently. Following a competitive Request for Proposals process conducted in July 2025, the City Council will be considering the award of a professional services contract to update the LHMP. This plan is a prerequisite for future federal mitigation funding and represents a key component of the City’s long-term risk reduction strategy. The development of the LHMP remains a top priority, along with the Emergency Operations Plan (EOP), for which the City’s Request for Proposals closes on August 25, 2025. The Integrated Preparedness Plan is scheduled to follow the completion of both foundational documents.

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City staff is also undertaking a review of emergency procurement protocols, on-call service agreements, and potential updates to the municipal code to strengthen operational readiness.

Looking forward, the City will participate in the statewide Great ShakeOut Drill in October 2025 and continue to improve internal preparedness and interagency coordination.

CONCLUSION
The City of Cudahy has demonstrated meaningful progress in its emergency preparedness efforts throughout 2025. The adoption of the ADA Inclusive Emergency Preparedness Plan, alongside a suite of new and updated response strategies, reinforces the City’s commitment to inclusive, proactive, and sustainable emergency management. Staff remains focused on completing key planning documents and continuing collaboration with regional and federal partners to ensure the community is well-equipped for the challenges ahead.

FINANCIAL IMPACT
None.

STRATEGIC PLAN CORRELATION
Goal E: City Infrastructure and Service Delivery

6. Implement the Smart Cities project.

Goal F: Communication and Outreach

6. Explore opportunities for efficiency through insourcing and outsourcing

ATTACHMENTS
A. PowerPoint Presentation

CITY OF CUDAHY
AUGUST 19, 2025

ANNUAL EMERGENCY PREPAREDNESS UPDATE

JOHN PERAZA, ASSISTANT TO THE CITY MANAGER

INTRODUCTION & OVERVIEW
 The City prioritizes proactive emergency preparedness to safeguard the community.
 A well-prepared city ensures quicker response times, more efficient recovery, and ultimately saves lives during disasters.
 Annual Update Goals:
 Review past activities
 Discuss ongoing initiatives
 Highlight future plans

EMERGENCY PREPAREDNESS TEAM
Core Planning Team: Assistant
to the City Manager, Community
Preservation Manager and
Designated City Staff
• Point of contact for emergency
preparedness and ensures
integration with city operations.
• Assigned staff members who play
specific roles in implementing
and supporting emergency
operations, from logistics to
communication.

Steering Committee: Executive
Management (City Manager,
Directors and Designated Senior
Management)
• Provides oversight and decisionmaking for large-scale preparedness efforts and ensures
alignment with the city’s longterm goals.

Key Partners: LA County Fire,
LA County Sheriff’s Dept, LA
County Health Department,
Water Districts, and Public
Agencies.
• Provides critical resources
during emergencies.
• Collaborates on safety training,
emergency response strategies,
and other aid.
• Other specialized resources,
such as communication systems,
transportation, and utilities,
ensuring continuity of operations
during crises.

Disaster Council (Municipal
Code): Includes Mayor, City
Manager (Emergency Services
Director), and other selected
staff/representatives.
• Provides the framework for
disaster planning and response
as guided by Chapter 2.44 of the
Municipal Code.

YEAR IN REVIEW
 Adopted Cudahy ADA Inclusive Emergency Preparedness Plan to ensure equitable access during emergencies  Adopted 2025–2030 Sustainable Urban Planning Emergency Preparedness Plan  Implemented key operational plans:
 Shelter Management Plan
 Disaster Preparedness Communication Plan
 Crisis and Incident Response Communications Plan
 Conducted CERT training in March 2025 in partnership with LA County Fire  City staff completed Disaster Service Worker training in May 2025  Executed MOU with the American Red Cross to support emergency shelter and mass care  Recognized with Bronze Award for completion of Energy Resilience Action Plan  Reviewed draft Climate Action Plan with Cal Poly SLO and Gateway Cities COG

ONGOING

INITIATIVES
Participating on DMA-E Sustainability and Planning Committee Advancing Climate Action Plan toward final adoption
Preparing to award contract to update Local Hazard
Mitigation Plan (LHMP)
Emergency Operations Plan (EOP) RFP closes August 25, 2025 Integrated Preparedness Plan (IPP) scheduled for development following LHMP and EOP updates
Reviewing and updating:

Emergency procurement protocols
On-call service agreements
Municipal Code provisions related to emergency
powers and operations

LOOKING AHEAD
Award and begin LHMP
update (pending Council
approval)
Select consultant for
Emergency Operations Plan
and begin plan revision
Develop Integrated
Preparedness Plan for
multi-year coordination
Continue participation in
regional emergency
coordination efforts
Host community
participation in the Great
ShakeOut Earthquake Drill
– October 2025
Enhance internal protocols
and interdepartmental
coordination for disaster
readiness

THANK YOU

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STAFF REPORT
Date: August 19, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: Ray Casey, Senior Engineer
Subject: Consideration to Authorize the City Manager to Enter into a Memorandum of Understanding Between the City of Cudahy and the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the Proposition A Discretionary Incentive Grant Program

RECOMMENDATION
The City Council is recommended to consider authorizing the City Manager to enter into a Memorandum of Understanding between the City of Cudahy and the Los Angeles County Metropolitan Transportation Authority for the Proposition A Discretionary Incentive Grant Program.

BACKGROUND

1. On November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes.

2. At its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency’s reported data.

3. At its June 27, 2024 meeting, LACMTA approved the fiscal year FY 2024–25 transit funds allocations, which included funds to make payments to all cities that voluntarily reported NTD data for fiscal year 2022–23.

ANALYSIS
LACMTA shall pay the City for collecting the reporting FY 2022–23 NTD statistics. LACMTA shall pay the City for submitting the FY 2022–23 annual NTD report for the applicable transit services as follows:

Item Number
12F

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Motor Bus Service
For City’s motor bus service, LACMTA shall pay an amount equal to the 33,109 revenue vehicle miles reported by the city multiplied by the FTA unit value of 0.686483228324693 per revenue vehicle mile.

Dial-A-Taxi Service
For City’s dial-a-ride service, LACMTA shall pay an amount equal to the 10,947 revenue vehicle miles reported by the city multiplied by the FTA unit value of 0.68648322-8324693 per revenue vehicle mile.

CONCLUSION
If approved, executing this agreement with the Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and meeting the requirements listed in the agreement will allow the City to receive a total of $30,244.

The MOU will be effective from the date of authorized signature by the Parties until June 30, 2028, unless terminated earlier by any Party as set forth in this MOU. An amendment to this MOU must be made by mutual written consent. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties.

FINANCIAL IMPACT
With the execution of this agreement and meeting certain requirements in the agreement the City will receive $30,244.

STRATEGIC PLAN CORRELATION
This MOU supports the following strategies identified in the City’s Strategic Plan:

Goal B
Objective:

2. Pursue partnerships and develop memoranda of understanding (MOUs) to specify services to be provided and ensure accountability.

ATTACHMENTS
A. Memorandum of Understanding

Attachment A

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STAFF REPORT
Date: August 19, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Appoint Erica Dominguez to the Planning Commission

RECOMMENDATION
The City Council is requested to:

1. Remove Elias Zepeda from the Planning Commission; and

2. Appoint Erica Dominguez to the Planning Commission, Council Member Fuentes's appointment.

BACKGROUND
On January 17, 2023, Council Member Fuentes appointed Planning Commissioner Yessica Alvarez, who resigned on March 18, 2025, creating a vacancy on the Planning Commission.

On March 18, 2025, the City of Cudahy entered into a memorandum of understanding (MOU) with the Cudahy Chamber of Commerce.

On April 15, 2025, Council Member Fuentes appointed Planning Commissioner Elias Zepeda.

After staff verification to ensure Mr. Zepeda met the city's qualifications to serve as commissioner, staff found that Mr. Zepeda is the Chief Executive Officer of the Cudahy Chamber of Commerce, a non-profit organization classified as a 501(c)(6).

Per the city's municipal code section 2.32.020 (Appointment, reappointment and removal), "No commissioner shall serve on the board of any nonprofit sponsored by the city while occupying a commissioner seat; failure to recuse themselves from the board of a city sponsored non-profit will disqualify the individual from the commission." Therefore, Mr.

Item Number
12G

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Zepeda's seat must be vacated, and a new commissioner appointed in his place.

ANALYSIS
In accordance with Ordinance No. 719, each member of the City Council shall appoint one member to each Commission. The appointed commissioner shall serve concurrently with the Council Member who appointed them. All appointments and removals of commissioners shall occur during an open meeting of the city council.

The Planning Commission serves in an advisory capacity to the City Council on land-use policy planning matters which guide the City's future growth, development, and beautification, including public and private buildings and works, subdivisions, streets, parks and playgrounds, and unimproved real property. This Commission meets on the third Monday of each month at 6:30 p.m.

To qualify to serve on the planning commission, individuals must meet one of the following:
• Cudahy Resident
• City Business Owners
• Employed in the City
• Nonprofit that provides services in the City
Each person seeking a position on a Commission shall complete an application and submit to a Live Scan background check upon appointment and before swearing into office. Some Commissions may be requested to file a Conflict of Interests Statement pursuant to Fair Political Practices regulations. Information will be provided by the Office of the City Clerk. City Council Members may appoint commission applicants or choose to bring forward their nominee, and staff can verify after their appointment if they meet qualifications.

CONCLUSION
Currently, the Planning Commission has one vacancy. Therefore, the City Council is recommended to appoint Erica Dominguez to the Planning Commission, Council Member Fuentes’s appointment.

STRATEGIC PLAN CORRELATION

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Goal F

4. Identify methods to connect with community members, including soliciting input on a regular basis.

7. Foster relationship building among residents.

FINANCIAL IMPACT
There is no fiscal impact on the review and selection of commission appointees.

ATTACHMENT
A. Ordinance No. 719

ORDINANCE NO. 719

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUDAHY AMENDING CHAPTER 2.32 (CITY
COMMISSIONERS), AND REPEALING CHAPTER 2.58
(CUDAHY ECONOMIC DEVELOPMENT COMMISSION)
OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF

THE CUDAHY MUNICIPAL CODE
WHEREAS, on September 7, 1976, the City Council for the City of Cudahy ("City Council") adopted Ordinance No. 213 establishing the qualifications and terms for Commissions in the City of Cudahy ("City"); and
WHEREAS, on July 18, 1988, the City Council adopted Ordinance No. 395, amending the qualifications regarding Commission membership for all City Commissions; and
WHEREAS, on October 4, 1993, the City Council adopted Ordinance No. 482, amending the term for City Commissioners; and
WHEREAS, City Commissioners provide a valuable service to the City by advising the City Council on numerous issues; and
WHEREAS, the City Council wishes to update the Cudahy Municipal Code ("Municipal Code") to provide a better opportunity for residents and business owners of the City to participate in the City Council's decision-making processes.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES ORDAIN AS FOLLOWS:

Section 1. The facts set forth in the recitals above are true and correct.

Section 2. Chapter 2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
"Chapter 2. 32
City Commissioners

2.32.010 Qualification
All Commissions shall consist of five (5) members ("Commissioners''). No person shall be qualified for appointment to any commission unless such person is either a resident of the City, business owner in the City, is employed in the City, or employed at a nonprofit that provides services for the City. Current elected officials from the City and all City employees are prevented from serving on any commission. Immigration status will Attachment A Page 58 of 340
Ordinance No. 719

not be verified.

Each person seeking appointment to a Commission shall complete an application provided by the City and submit to a Live Scan background check after being appointed to a Commission and before being sworn into office. Live Scan background checks are confidential and are not a public record.

2. 32. 020 Appointment, Reappointment and Removal
Each member of the City Council shall have authority to appoint one (1) member to each Commission. Each Councilmember shall appoint their Commissioner within thirty (30) days of assuming office or from a vacancy occurring for said Commission. If no appointment is made within sixty (60) days after assumption of office of the appointing Councilmember, the City Council shall appoint a Commissioner to the vacant seat by a majority vote.

Each Commissioner shall serve on only one (1) Commission at a time, occupation of two or more commission seats at one time will disqualify the individual from all Commissions.

Commission members may be removed from their appointment due to disqualification as provided in this Chapter or upon the sole decision by the Councilmember who appointed said Commissioner. All appointments and removals of Commissioners shall occur during an open meeting of the City Council. If removal of a Commissioner occurs, the (;ity Clerk shall send notice to that Commissioner at the last address on file with the City.

2.32.030 Term of Office
Each Commissioner shall serve one four (4) year term, unless removed by the appointing Councilmember or as a result of disqualification as set forth herein. No Commissioner shall serve for a period which exceeds the time in office for the Councilmember appointing said Commissioner. In the event that the appointing Councilmember completes his or her term, vacates office, or is no longer holding office, the term of the Commissioner appointed by said Councilmember shall be terminated concurrently. Nothing contained in this section shall prevent a Councilmember, whether newly appointed or not, from appointing the individual back to the same Commission or to a different Commission.

2.32.040 Training
Each appointed Commissioner shall, within ninety (90) days of appointment, certify in writing that they have completed all City sponsored trainings required for Commissioners, required trainings will include but are not limited to, the Brown Act, Robert Rules of Order, conflicts of interest, code of conduct, and ethics. Failure to complete all required trainings will result in disqualification of the Commissioner.

Ordinance No. 719

2. 32. 050 Code of Conduct
All Commissioners must agree to sign and abide by the Commissioner Code of Conduct set by resolution. Failure to abide by the Code of Conduct will result in disqualification of the Commissioner by a majority vote of the Council.

2. 32. 060 Absences
Any Commissioner with three unexcused consecutive absences will immediately, after adjournment of the third consecutive meeting, result in a vacant seat unless his or her absence is excused by a majority vote of the other Commissioners and reflected in the official minutes of the commission.

2.32.070 Vacancy
If for any reason a vacancy occurs, the vacancy shall be filled by the Counci/member who appointed said Commissioner for the unexpired portion of such term.

2.32.080 Vacancy Due to Disqualification
When a Commissioner no longer meets the qualifications for the Commission as set by this Chapter, the Commissioner shall be disqualified, and the seat shall become vacant.

2. 32. 090 Quorum
Three members of the commission shall constitute a quorum necessary to transact business, anything Jess than three members may adjourn the meeting until quorum can be obtained.

2.32.100 Organization
The Organization of each Commission shall be set by resolution.

2.32.110 Meetings
Each commission shall hold at least one regular meeting each month at such time and place set by resolution.

When a regular meeting falls on a legal holiday, the meeting shall be held at the same hour on the next regular business day after the holiday. All meetings of the Commissions shall be open and public, and subject to all laws of the state of California e.g., the Brown Act, Robert Rules of Order, Open Public Meeting Act. The Commission shall adopt its own rules for the transaction of its business and keep a record of resolutions, findings and recommendations and actions voted upon. A report of each meeting of the Commission shall be given to the City Council once finalized and approved by the Commission.

Ordinance No. 719

2.32.120 Special Meetings
Each Commission shall be limited to no more than three (3) special meetings per fiscal year with compensation. If a clerical error is caused by City Staff that requires the Commission conduct a special meeting, the Commission will be allowed to conduct such meeting with compensation.

2.32.130 Compensation
Commissioners shall receive a stipend for their attendance at each meeting in the amount set by resolution.

2.32.140 Review and Termination of Commission
The City Council will hold annual reviews, at the time set by resolution, to evaluate whether each Commission is still necessary. Should the Council decide to terminate a Commission, termination of any Commission shall require a majority vote of the City Council during open session of a regular meeting.

Commissions created with a set expiration date included in the resolution will not require any additional City Council action prior to termination." Section 3. Chapter 2.58 (Cudahy Economic Development Commission) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby repealed in its entirety.

Section 4. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601 (b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

Section 5. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.

Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

Section 7. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be

Ordinance No. 719

construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

Section 8. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption.

This Ordinance shall become effective thirty (30) days after adoption.

PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this 5th day of April 2022.

Elizabeth Alcan1ar
Mayor \J
ATTEST:
-
City Clerk

Ordinance No. 719

CERTIFICATION

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF CUDAHY
SS:

I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 719 was introduced for a first reading on the 15th day of March 2022 and approved for a second reading and adopted by said Council at its regular meeting held on the 5
th day of April 2022 by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Lomeli, Gonzalez, and Alcantar
Guerrero
Lozoya
None
Richard
City
�---
Clerk
Igles�
I·

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STAFF REPORT
Date: August 19, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Johncito “John” Peraza, Assistant to the City Manager Subject: Public Hearing to Receive Testimony and Written Protests related to the Solid Waste Fee Adjustment and Third Amendment to the Contract Services Agreement with Consolidated Disposal Service LLC, dba Republic Services, in Compliance with SB 1383

RECOMMENDATION
The City Council is recommended to open the public hearing and receive public comment, testimony, and any written protests related to the solid waste fee adjustment and third amendment to the contract services agreement with Consolidated Disposal Service LLC, dba Republic Services, in compliance with SB 1383 and receive and file the presentation by City staff.

BACKGROUND
The City of Cudahy entered into a Master Franchise Agreement (the “Agreement”) with its franchised solid waste hauler (“Collector”) on December 15, 1998, for the collection and handling of solid waste, recyclable materials, and green waste. The Agreement granted an exclusive franchise to the Collector and established the terms and conditions of service within the City.

The Agreement was amended on April 16, 2012, via a First Amendment to reconcile accounts and to establish that, as of that date, the Collector was in full compliance with all franchise terms. A Second Amendment was executed on December 1, 2020, requiring the Collector to provide Assembly Bill (AB) 341 and AB 1826 recycling and organic waste collection services.

On August 17, 2020, the City issued a formal Notice to Terminate the automatic renewal provision of the Master Agreement, which set the agreement’s expiration date as January 1, 2031. However, in order to support the rollout of new state-mandated services, the proposed Item Number
13A

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Third Amendment includes a three-year extension, which—if approved—would extend the agreement through January 1, 2034.

As of January 1, 2022, all residents and businesses in California are required to recycle food and yard waste. Acceptable materials include food waste, green waste, landscape and pruning waste, non-hazardous wood waste and food-soiled paper products.

SB1383 requires local governmental agencies to provide organic waste services within its jurisdiction. Organic waste includes food, green material, landscape, prunings, lumber, wood, paper products, printing and writing paper. The City of Cudahy contracts with Republic Services for recycling and trash hauling services.

Effective July 1, 2024, SB1383 requires local governmental agencies to begin enforcing the said regulations. The regulations aim to divert 75% of organic waste from landfills and a 20% increase in edible food recovery by January 1, 2025.

The City of Cudahy is currently non-compliant with the regulations set forth by SB1383. The City has been in ongoing discussions with Republic Services since November 2023 to discuss a contract amendment for SB1383 implementation and compliance services.

This contract amendment (Third Amendment) was already approved by the City Council on June 17, 2025. The current public hearing is being held to comply with legal requirements and to provide the public with an opportunity to submit comments or protests.

A notice of this public hearing was published in the Long Beach Press-Telegram and mailed via U.S. Postal Service on July 5, 2025, in accordance with state law.

Rollout of the new organic waste bins will begin on September 1, 2025.

ANALYSIS
Pursuant to California State Law, Senate Bill 1383 (SB 1383), all cities in California — including the City of Cudahy — are required to implement comprehensive organic waste recycling programs. These programs are aimed at reducing methane emissions by diverting organic waste such as food scraps, yard trimmings, and certain paper products from landfills to recycling and processing facilities.

In accordance with SB 1383, the City must now provide enhanced recycling and organic waste collection services to commercial businesses and multi-family dwellings. These services are not funded by the State and must be financed locally. To comply, the City entered into negotiations with Consolidated Disposal Services, LLC, dba Republic Services (CDS), its franchised hauler, to amend the existing contract and adjust the associated service rates.

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The adjustments to the solid waste fees were driven by the increased cost of service related to the implementation of these unfunded state-mandated programs. The Third Amendment to the Contract Services Agreement reflects these changes and includes a three-year phased rate structure as follows:
• Residential Accounts
o Year 1: $29.93
o Year 2: $31.40
o Year 3: $32.92
• Commercial Accounts
o Year 1: $421.39
o Year 2: $442.04
o Year 3: $463.53
Beginning July 1 of each subsequent year, all rates will be subject to annual adjustments based on the Water, Sewer, Trash (WST) Consumer Price Index (CPI).

These updated services include:
• Weekly organic waste collection
• Education and outreach
• Inspections and compliance monitoring
• Waiver processing
• Enforcement activities
• Edible food recovery coordination
To comply with Proposition 218 and applicable public noticing requirements, the City published a Notice of Public Hearing on July 5, 2025, and mailed notices to affected ratepayers. This public hearing is being conducted to provide the public an opportunity to submit formal written protests or offer testimony prior to the implementation of the amended rates and services.

The proposed rates and contract amendment were previously approved by the City Council on June 17, 2025, following the selection of Proposal 3 from Republic Services, which was deemed to provide the most comprehensive compliance package with a reasonable rate transition.

The rollout of the new organic waste bins is scheduled for September 1, 2025.

CONCLUSION
This public hearing is being held to comply with California State Law and provide the public with an opportunity to submit written protests or offer testimony regarding the proposed solid waste fee adjustments related to SB 1383 compliance.

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The City Council previously approved the Third Amendment to the Agreement with Republic Services on June 17, 2025. The implementation of services, including the phased rate structure and rollout of organic waste bins beginning September 1, 2025, will proceed following the conclusion of this hearing and review of any public input received.

STRATEGIC PLAN CORRELATION
Goal D: Financial Stability and Transparency

2. Provide regular updates to the City Council and community about the City’s finances.

FINANCIAL IMPACT
There will be no current impact to the City’s General Fund. The updated rates have been sent to the customers to pay via Republic Services for the cost of implementation of SB 1383.

ATTACHMENTS
A. Third Amendment with 1998 Master Agreement (Exhibit A), 2020 Termination Letter (Exhibit B), Republic Services Proposal Cudahy CA SB1383 (Exhibit C) B. Second Amendment
C. First Amendment
D. All Rates Breakdown
E. Notice of Public Hearing
F. Proof of Publication

202s

THIRD AMENDMENT TO CONTRACT SERVICES AGREEMENT
(Engagement: Solid Waste and Recyclable Materials
Collection Servicesl
(Parties: CONSOLIDATED DISPOSAL SERVICE L.L.C., dba Republic Services and CITY OF CUDAHYI THIS THIRD AMENDMENT (hereinafter, 'Third Amendment") to that certain agreement entitled "Agreement For Solid Waste And Recyclable Materials Collection Services", dated December 15, 1998, (hereinafter, the "Master Agreement"), is hereby made and entered into this 17th Day of June 2025 (hereinafter, the "Effective Date") by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, "City") and CONSOLIDATED DISPOSAL SERVICE L.L.C., dba Republic Services (hereinafter, "Collector"). For purposes of this Third Amendment, the capitalized term "Parties" shall be a collective reference to both City and Collector. The capitalized term "Party" may refer to either City or Collector, interchangeably as appropriate.

RECITALS
This Third Amendment is made and entered into with respect to the following facts:

WHEREAS, the Legislature of the State of California, by enactment of the California lntegrated Waste Management Act of 1989 ("Act") and subsequent additions and amendments (codified at California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for the collection of solid waste within their jurisdiction; and WHEREAS, on December 15, 1998, the Master Agreement was executed by the Parties on December 9,2013, under the authority of Public Resources Code Section 40059 and other applicable law; and ; and
WHEREAS, the Master Agreement was subsequently amended on April L6,2OL2, by way of a First Amendment to memorialize the reconciliation of accounts and establish that as of the date of the First Amendment, Collector was in compliance with all terms and conditions of the franchise agreement. (hereinafter the "First Amendment"); and WHEREAS,the MasterAgreementwassubsequentlyamended on DecemberL,2020, byway of a Second Amendment requiring Collector provide required AB 341 and AB 1826 recycling and organic waste collection services so that the City remained in compliance with the collection requirements of AB 341 and AB 1826 (hereinafter the "Second Amendment"); and WHEREAS, the Master Agreement as amended by way of the First and Second Amendments is attached and incorporated hereto as Exhibit "N'; and WHEREAS, on August L7,2O2O, the City submitted a formal Notice to Terminate the Automatic Renewal and Extension provision of the Master Agreement, thereby terminating the Master Agreement on January t, 2O3L, ("Notice to Terminate") attached and incorporated hereto as Exhibit "B"; and
1 Attachment A Page 69 of 340
WHEREAS, on July L8,2024, Collector submitted a proposalfor providing compliance under SB 1383 to the City ("Collector SB 1383 Proposal"), attached and incorporated hereto as Exhibit "C"; and
WHEREAS, at the Cudahy City Council Meeting on December 3,2024, the City Council provided staff direction requesting an amendment to the current Master Agreement, adding the Collector's SB 1383 Proposal, to the scope of work required under the Master Agreement; and
WHEREAS, Collector agrees to continue to provide all current services as required under the Master Agreement, as amended, and will now provide required SB 1383 recycling and organic waste collection services, ensuring the City is in compliance with the collection and reporting requirements under SB 1383; and
WHEREAS, Collector shall assume responsibility for all legal fees and costs incurred in the process of finalizing the language of the Third Amendment to the Agreement; and WHEREAS, execution of this Third Amendment was approved by the Cudahy City Council at its Regular Meeting of June L7 ,2025, under Agenda ltem No. 14F ; NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

AMENDMENT No.3
SECTION 1. The Recitals set forth above are true and correct and are incorporated herein by reference.

SECTION 2. Section 1.4 Term of the Master Agreement is hereby amended in its entirety, extending the period by three years, incorporating the August2O2O termination, to read as follows:
"1.4 Term. The Term of this Agreement shall be for ten (10) years (the "lnitial Term"), commencing January 1, 1999. On January L,2000, and each year thereafter the term of this Agreement shall be automatically extended one (1) additional year, so that the remaining term shall continue to be ten (10) years.

Pursuant to the Notice to Terminate received by Collector, from City dated August 17, 2020, setting the termination date as January L,2O3L, the termination date is hereby extended to January L,2034.'
SECTION 3. Section 3.14 Solid Waste Disposal; Processing of Recyclable Materials of the Master Agreement is hereby amended to include the following items for which Collector will provide services to assist City with compliance with the requirements of SB 1383:
2

A. DEFINITIONS. The following definitions are added to, or replaced in, the Master Agreement:

ACT means the California lntegrated Waste Management Act of 1989 (sometimes referred to as "AB 939"1, Public Resources Code 5 40000 and following as it may be amended, including the Short-Lived Climate Pollutants Bill of 2016 (SB 1383).

CCR means the State of California Code of Regulations. CCR references are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of ccR).

CalRecycle means the California Department of Resources Recycling and Recovery.

Commercial Business or Commercial means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multifamily Residential dwelling, or as otherwise defined herein and in 14 CCR Section 18982(aX6).

Compost means product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility or as stated in 14 CCR Section 17895.2(aX ).

Compostable means materials that can be broken down or decomposed under specific natural conditions or a human-driven Compost process, to create Compost.

Container means a cart, can, commercial bin, debris box, or stationary compactor intended for the purpose of depositing waste for disposal, except construction and demolition debris and bulky items, or Recyclable Materials and Organic Waste for diversion. Containers may be provided by City or Contractor, or for manual collection as may be required to be provided by the property owner or occupant generating Solid Waste.

Container Contamination or Contaminated Container means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(aX55).

Excluded Waste means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the Special District and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class lll landfills or accepted at the facility by permit conditions, waste that in City's or Contractor's 3

reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or othenruise create or expose the City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

Hauler Route means the designated itinerary or sequence of stops for each segment of the City's collection service area, or as otherwise defined in 14 CCR 5 18982(aX31.s).

Multi-Family Residential Dwelling or MFD. Premises used for residential purposes with five (5) or more dwelling units, including condominium projects, duplexes, townhouse projects, apartment houses, or mobile home parks, irrespective of whether residence therein is transient, temporary or permanent which receive collection services from centralized locations. Multi-Family premises include hotels, motels, or other transient occupancy facilities, collectively all of which are considered Commercial Businesses.

Organic Waste or Organics means waste containing material originated from living organisms and their metabolic waste products, and includes, but is not limited to, food, Green waste material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges as otherwise defined in 14 CCR Section 18982(aX46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). Organic Waste does not include Compostable plastics.

Organic Waste Container or Organics Container means a Container used for the purpose of storage and collection of Source Separated Organic Waste.

Organic waste generator means the Person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18e82(aX48).

Prohibited container contaminants means materials placed in the incorrect container for resource recovery, includes the following: (i) discarded materials placed in the Recycling Container that are not identified as acceptable Source Separated Recyclable Materials for the Recycling Container; (ii) discarded materials placed in the Organics Container that are not identified as acceptable Source Separated Organics Container Organic Waste for the Organics Container; (iii) discarded materials placed in the Trash Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Organics Container Organic Wastes to be placed in Organics Container and/or Recycle Container; and, (iv) Excluded Waste placed in any container.

Recycling Container has the same meaning as in 14 CCR section 18982.2(aX5) and shall be used for the purpose of storage and collection of Source Separated 4

Recyclable Materials.

Route Review means a visual inspection of Containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanica! lnspection methods such as the use of cameras or probes, or as othemrise defined in 14 CCR Section 18982(aX55).

SB 1383 means Senate Bill 1383 (Chapter 395, Statutes of 2016). References to SB 1383 herein shall also include the SB 1383 Regulations.

SB 1383 Regulations means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2O2O that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 ccR.

Single-Family means of, from, or pertaining to any residential premises with fewer than five (5) units.

Source Separated means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for resource recovery or as otherwise defined in 14 CCR Section 17402.5(bX4). Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from materials places in the Trash Container or other Solid Waste for the purposes of collection and processing.

Trash means Solid Waste placed in the designated container for disposal to la ndfill
Trash Container means a Container used for the purpose of storage and collection of Trash.

B. SFD COLLECTION SERVICES.

SB 1383 Services
(a) Containers. Collectorr shall provide SB 1383 compliant three (3) container Residential collection services as follows:

1. A Green Container for organic waste (only food waste, yard waste, green waste, and other organic materials). A Blue Container for recyclables (non-organic recyclables, such as bottles, cans, and plastic, and organic waste such as paper and cardboard.) A Gray or Black Container for Trash, non-organic waste only (ltems that cannot be recycled or composted).
5

2. Residential customers will maintain their existing containers.

Replacement of Residential containers shall be made from existing containers purchased prior to January 1,2022 until such time as the Contractor's existing inventory of such containers is exhausted. New or replacement containers requested will be SB 1383 color and compliant.
(b) Outreach. Contractor will implement targeted education and outreach efforts to Residential customers regarding SB 1383 required programs consisting of educational materials to explain program changes and new program implementation. Contractor will also provide Residential customers with SB 1383 program implementation information in Contractor's four Quarterly newsletters to Customers. Contractor shall provide education and outreach materials in English and Spanish languages.

D. COMMERCIALCOILECTIONSERVICES(lncludingMultifamilvl.

SB 1383 Services
Id Containers. Contractor shall provide SB 1383 compliant three (3) container Commercial collection services as follows:

1. A Green Container for organic waste (only food waste , y?rd waste, green waste, and other organic materials.) A Blue Container for recyclables (non-organic recyclables, such as bottles, cans, and plastic, ?hd organic waste such as paper and cardboard.) A Gray or Black Container for non-organic waste only (ltems that cannot be recycled or composted.)

2. Replacement of Commercial containers shall be made from existing containers purchased prior to January t,2022, until such time as the Contractor's existing inventory of such containers is exhausted. New or replacement containers requested will be SB 1383 color and compliant. New containers purchased by Contractor after January 1, 2022, are required to meet SB 1383 container color (Gray/Black, Blue and Green) and labelling requirements.
{b} Outreach. Contractor will implement targeted education and outreach efforts to Commercial customers regarding SB 1383 required programs consisting of educational materials to explain program changes and new program implementation. Contractor shall provide education and outreach materials in English and Spanish languages.
lg,[ Phvsical Space and De Minimis Waivers. Contractor shall assist City in connection with Commercial Customer applications for Physica! Space 6

Waivers and De Minimis Quantity Waivers applied for in compliance with the applicable provisions of the City Municipal Code. Contractor will assist City with development of application requirements and protocols, evaluation, and verification of the details in the Customer waiver applications, and provide assistance with preparation of City's written determinations on Customer waiver applications
E. CONTAMINATION MONITORING AND ENFORCEMENT.

Contamination Monitoring And Enforcement, is hereby added to the Master Agreement as follows:

SB 1383 Contamination Monitoring and Enforcement.
(a) Collector shall conduct annual route reviews each calendar year for contaminants in Residential Containers in a manner that complies with the requirements of 14 CCR Section 18984.5.
(b) Contractor shall document Contamination and will notify the customer of the Contamination by email, phone, text or billing messages to inform customers of proper material separation requirements and Contamination fees and charges. Collector may, at its discretion collect the Container as Recyclable Materials, Organics, or Refuse. Collector may charge customers with contaminated carts identified through routine periodic Contamination monitoring a contamination fee pursuant to this section.
(c) Route reviews will be conducted by a residential route auditor as part of the contamination minimization program. who will perform contamination monitoring requirements. Contaminated carts will be identified, and the Customer notified of identified contamination by email, phone, text or billing message.
(d) Contamination Fee: A Contamination Fee will be charged by Collector to Residential and Commercial Customers with contaminated carts identified through routine periodic Contamination monitoring. The fee is a peroccurrence fee for observed contamination in Custome/s Carts and/or Bins.

For Residential Contamination, the Contamination Fee shall be no less than S15.00 per occurrence. For Commercial container contamination, including MultiFamily customers, the the Contamination Fee shall be no less than SSO.OO per occurrence. The Contamination Fees shall be indexed and adjusted annually by the change in the Consumer Price lndex (CPl) utilizing the Water, Sewer & Trash lndex published by the U.S. Dept of Labor." SECTION 4. Section 4.3 Rate Adjustment of the Master Agreement is hereby amended to include the following Section 4.3.6.2 Rates Associated with SB 1383 Compliance:
"4.3.6.2 Rates Associated with SB 1383 Compliance: Pursuant to Collector SB 1383 Proposal, 7

compliance with SB 1383 will result in the following rate increase for three (3) years from the Effective Date of this Third Amendment:

Residential Yea r L- SZg.93
Residentia I Yea r 2- SS f .40
Residential Year 3- SSZ .92
Commercial Yea r L- 5421.39
Commercial Yea r 2- iqqZ.O4
Commercial Year 3- 5453.53
The above Residential and Commercial Rates will be annually adjusted by the change in CPI utilizing the Water, Sewer & Trash lndex published by the U.S. Dept of Labor." SECTTON 5. Overage Charges, Service Level lncreases and Scout Charges The Master Agreement is amended to include the following provisions regarding Collector's Oversge Charges and Authorized Service Level Changes with lncreased Service in accordance with Collector's September 13, 2024 and October L,2024 proposal provisions, as follows:
"Qgrgre,g,:
o Notice of Violation and Warning: Notice of Violation and written warning to be issued with written summary of the rules for placing trash/bulk out on trash day, etc. . lmplementation of an Overage Charge: A starting overage charge of S50 per occurrence will be instituted for commercial properties (5 residential units or more) and S25 per occurrence for single family residential properties (less than 5 units). Overage fee charge for commercial properties will increase to 5100.00 for second offense and 5150.00 for third offense within the same calendar quarter. Overage fee charge for residential properties will increase to 550.00 for second offense and 575.00 for third offense within the same calendar quarter. This measure aims to address issues related to overflowing trash containers, early placement of bulky items, and ensure proper maintenance and cleanliness. You are required to provide a monthly report to the city detailing assessment of an overage charge. . lncreased Service Level: Authority is granted to increase the service level in instances where there are three charges within a given calendar quarter. This adjustment will help ensure that service levels align with the needs of commercial and residential properties and maintain the standards we are striving to achieve. You are required to provide a monthly report to the city detailing increases to an existing service level." Scout Fee. For Customers requiring Scout Service, Contractor may charge a Scout Fee of

59.50 per pickup. The Scout Fee shall be indexed and adjusted annually by the change in the Consumer Price lndex (CPl) utilizing the Water, Sewer & Trash lndex published by the U.S.

Dept of Labor."
8

SECTION 6. Reporting. Section 3.22.3 of the Master Agreement, Records and Reports, is hereby amended to include the following new reporting requirements:
(i) Complaints.
lnformation compiled concerning Customer complaints, along with a brief narrative describing any operational changes made to respond to complaints received and to prevent their reoccurrence in the future, if necessary.

U) Overage Charges.

A list of Customer overage charges assessed per month during the reporting period (k) lncreased Service Level
A list of Customers assigned to a new service level by Collector as a result of the Customer receiving three (3) or more overage charges during the calendar quarter. (!) SB 1383 Reporting
Within forty-five ( 45) Days after the end of each calendar year, Collector shall provide a SB 1383 annual report to the City covering the most recently completed calendar year.

Such report shall contain the following information:
(i) Container Contamination Reviews. Documentation of Hauler Route reviews conducted pursuant to 14 CCR Section 18984.5(b), as described and in accordance with 14 CCR Section 18995.1, including a description of the process for determining the level of contamination and the number of Route Reviews conducted; (ii) Comolaints. Documentation of SB 1383 Regulatory non-compliance complaints that were received and investigated, investigations conducted by Collector in accordance with 14 CCR Section 18995.3, and the number of notices, violations, or targeted education materials issued to Customers for Prohibited Container Contaminants; (iii) Route Reviews. Summaries of Route Reviews, "desk-top" reviews, and notices issued to Customers with Prohibited Container Contaminants; and (iv) Contaminated Containers. Documentation of the number of Containers where the contents were disposed due to observation of Prohibited Container Contaminants.

SECTION 7. lnterpretation. ln the event of any conflict between this Third Amendment and the Master Agreement, this Third Amendment shall govern. Section headings in this Second Amendment are for convenience only and shall not be used in the interpretation of this amendment. This Third Amendment may be executed in counterparts and/or by electronic signature (e.g. DocuSign). As used herein, "including" and its variants mean "including without limitation."
SECTION 8. Future Changes. The parties acknowledge that future changes to this Third 9

Amendment or the Master Agreement may be desirable to assist the parties with their respective compliance obligations under applicable new laws and regulations. The parties agree to negotiate any such proposed changes in good faith.

SECTION 9. Affirmation of Asreement Warrantv Re: Absence of Defaults. City and Collector each ratify and reaffirm that their respective rights and obligations arising under the Master Agreement, as amended. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Contractor represents and warrants to City that, as of the date of this Third Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the going of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Contractor that, as of the date of this Third Amendment, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

SECTION 10. Bindine Aereement. Except as otherwise set forth in this Third Amendment, the Master Agreement, as amended by way of the First, Second, and now Third Amendment, shall remain binding, controlling, and in fullforce and effect. Sections L.4,3.t4, and 4.3 of the Master Agreement notwithstanding, this Third Amendment, together with the Master Agreement, First Amendment, and Second Amendment shal! constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in these documents.

SECTION 11. Conflicts. ln the event of any conflict or inconsistency between the provisions of this Third Amendment and the provisions of the Master Agreement, the provisions of this Third Amendment shall govern and controlto the extent of the conflict or inconsistency, and no further. (SIGNATURES ON NEXT PAGE)
10

lN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be executed on the day and year first appearing above.

CITY OF CUDAHY: CONSOLIDATED DISPOSAL
SERVICE, kMAr*$ Noyorb, i@n-cM, city Manaser
(
By: By:

Date
APPROVED AS TO FORM:

By:

City Attorney
Name: Srrl <.^ t-\e{-rr,.-"r
riBal.'
Date:

Date
LL

CERTIFICATE OF SECRETARY

RELATING TO THE THRID AMENDMENT

TO CONTRACT SERVICES AGREEMENT

FORTHE CITYOF CUDAITY

IN THE STATE OF CALIFORNIA
The undersigned, Assistant Secretary of CONSOLIDATED DISPOSAL SERVICE, L.L.C., a Delaware limited liability company (the "Company''), hereby certifies that the following is a true and correct copy of the resolution which was duly adopted by REPUBLIC SERVICES, INC., a Delaware corporation, the sole member of the Company (the *Member") by written consent of the Member on Augustz3,20zl,that such resolution has not been rescinded, amended or modified in any respect, and is in full force and effect on the date hereof:

RESOLVED, that (i) any individual at the time holding the position of General Manager or Area Director, Finance; and in connection with environmental solutions transactions only, General Manager; Division President; or Division Vice President Finance be, and each of them hereby is, appointed as an Authorized Agent, to act in the name and on behalf of the Company and to include the execution of related documents, in connection with the day-to-day business activities of the Company, and further, that (ii) in addition to any one of the foregoing positions, any individual at the time holding the position of Area Director, Business Development; Area Director, Operations; Market Vice President; Vice President, Environmental Services be, and each of them hereby is, appointed as an Authorized Agent to execute any bid and proposal, and if awarded, any related contact for services to be performed by the Company and any bond required by such bid, proposal or contact, all in accordance with the existing Levels of Authority and other relevant policies and procedures.

I furthercertiffthat STEPHEN HERRING holds the title of General Managerand in such capacity has full authority to act in the name and on behalf of the Company as set forth in the foregoing resolution.

WITNESS MY IIAND, this 30th day of June,2025.

Adrienne'W'. Wilhoit
Assistant Secretary

EXHIBIT II A"

MASTER AGREEMENT
L2

AGREEMENT FOR

SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICES By and Between

CITY OF CUDAHY,
a municipal corporation,
and
CONSOLIDATED DISPOSAL SERVICE L.L.C.,
a Delaware limited liability company

)

TABLE OF CONTENTS
R E C l T A L S

ARTICLE I

1.1 1.2

1.3 1.4

1.5 1.6
PARTIES; EXCLUSIVE
to the Agreement
RIGHTS; TERM
Parties

1.1.1 1.1.2

1.1.2.1 Representatives of the Parties
Notices

1..2.1

1.2.2 1.2.3

1.2.4 Exclusive Rights; Non-Exclusive

1.3.l

1.3.2 l. 3. 3

1.3.4 Term
Rollout Period
Representations and Warranties

1.6.1 1.6.2

1.6.3 1.6.4

1.6.5 and Service
.·
Rights
of

1.7 Special Provisions Applicable to
City Clerk
City Manager

1.7.1 1.7.2

1.7.3 ARTICLE II

2.1 2 .1.1

2.1.2 2-.1. 3
2 .1.4
2 .1. 5

2.1.6 2.1.7

2.1.8 2.1.9

2.1.10 2.1.11

2.1.12 2.1.ll

2.1.14 DEFINITIONS
-iand
1 2
2 2
2 2
3 3
3 3
3 3
3 4
4 4
4 4
5 5
5 5
5 5
6 6
6 6
6 6
6 6
6 --6
6 7
7 7
7 7
7 7
7 7
7 8
)

)

TABLE OF CONTENTS

R E C I T A L S

ARTICLE I

1.1 1.2

1.3 1.4

1.5 1.6
PARTIES; EXCLUSIVE
to the Agreement
RIGHTS; TERM
Parties

1.1.1 1.1.2

1.1.2.1 Representatives of the Parties
Notices

1.2.1 1.2.2

1.2.3 •

1.2.4 Exclusive Rights; Non-Exclusive

1.3.1 1.3.2

1.3.3 1.3.4
Term
Rollout Period
Representations and Warranties

1.6.1 1.6.2

1.6.3 1.6.4

1.6.5 and Service
..

Rights
of

1.7 Special Provisions Applicable to
City Clerk City Manager

1.7.l

1.7.2 1.7.3

ARTICLE II

2.1 2.1.1

2.1.2 2·.1. 3

2.1.4 2.1.5

2.1.6 2.1.7

2.1.8 2.1.9

2.1.10 2.1.11

2.1.12 2.1.13

2.1.14 ..

DEFINITIONS
and
1 2
2 2
2 2
3 3
3 3
3 3
3 4
4 4
4 4
5 5
5 5
5 5
6 6
6 6
6 6
6 6
6 -6
6 7
7 7
7 7
7 7
7 7
7 8
)

)
2 .1.15
2 .1.16

2.1.17 2 .1.18
2 .1.19
. . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .

ARTICLE III

SOLID WASTE AND RECYCLABLE MATERIALS HANDLING SERVICES

3.1 3.2

3.3 · 3 .4

3.5 3.6

3.7 3.8

3.9 3.10

3.11 3.12

3.13 Governing Requirements collector Fee .•.

3.2.1 ..

3.2.2 . . . . . ... . . . . . 3.2.3 . . . ... .

Quantity • • • • • • • • •
Containers . . . -· . . . . . . . . . . . . 3.4.1 Automated Collection- Residential Premises . . . . . . . . . . . . . . 3.4.2 Collector to Provide Containers for Commercial/Industrial Premises .. . 3.4.3 Repair of Containers ......... . Care of Containers ............... . Collection From Residential Premises ...... . 3. 6 .1 Automated Collection Of Solid Waste and-·

3.6.2 Recyclable Materials ......•...

Frequency of Collection - Residential
Premises . . . . . . . . . . . . . .

3.6.3 Residential-Carryout Services ..... . 3.6.4 Residential-Bulky Goods Collection .. . 3.6.5 Holiday Tree Recycling .....•...

Collection From Multi-Unit Residential Buildings
Collection From Commercial/Industrial Premises .. 3. 8 .1 Collect•ion Services ~. -. . . . • . . . . .

3.8.2 Frequency of Collection. . . . . .. 3.8.3 Clean up of Waste Enclosures or Overflowing Bins
City Facilities ... . 3.9.1 ........... .

3.9.2 ....... .

Special Events ... Pick up of Illegally Dumped Materials.

Exclusions . . . . . • . . . . • . . • . .

Community Education and Information; Press
Releases, etc. . .......•. ·-·-·•···

3.13.1 ................. .
3 • 13 . 2 . .. . .. .. . . . . . . . . . . . . . . . . .

3.14 Solid Waste Disposal; Processing of Recyclable Materials ... . 3.14.1 . . . . . . . . . . .. . 3 • 14 . 2 • • • • • • .
3 . 14 . 3 . . . . . . . .

3.14.4........ . ..

3. 15 Equipment . . . 3.15.1 .•..

3.1S.2 ...... .

3.15.3 . . . . . .. .
8 8
8 8
8 8
8 8
8 8
9 9
9 9
10 10
10 10
10 10
11 11
12 12
12 12
12 12
12 12
13 13
13 13
13 13
14 14
14 14
15 15
15 15
15 15

)

3.15.4 . . •

3.16 Collector's Employees; Training.

3.16.l

3.16.2 3.16.3

3.16.4 3.17 Collection Impediments

3.17.1 Rain or Natural Disaster

3.17.2 Infrastructure Renovation.

3.17.3 Street Blocked by Materials .

3.18 customer Service Performance Standards

3.18.1 3.18.2

3.18.3 3.18.4
. . .
3 .18. 5 ;. • • •

3.19 Complaints/Compliments

3.19.1 3.19.2

3.19.3 3.19.4

3.19.5 3.20 Privacy.

3.20.l

3.20.2 3.20.3
. . . .

3.21 Hazardous Waste Notifications and Procedures

3.21.l

3. 21. 2

3.21.3 3.22 Records and Reports

3.22.1 3.22.2

3.22.3 3.22.4

3.22.5 3. 23 Ownership of Solid wa·ste and Recyclable Materials .

3.24 Insurance and Indemnification.

3.24.l ...

3.24.2 3.24.3

3.25 Performance Monitoring and Security.

3.25.1 .. 8 3.25.2
Annual Review of Performance and -Quality of Service

3. 26-.1
. 3.26.2 8 3.26.3
System and Services Review

3.27.1 3.27.2

3.27.3 3.27.4

3.27.5 16
16 16
16 16
16 16
17 17
17 17
17 18

18. 18
18 19
19 19
19 19
19 20
20 20
20 20
20 20
20 21
21 21
22 22
22 22
23 23
23 24
25 25 .
25 25
25 26
26 26
26 26
26 27
27

)

3.28 Mandated Operational Changes; Reopening of
Agreement . . . . . . . . . . . . . . • . . . .

3.28.1 · · ·

3.28.2 ... · · · • • · · •

3.28.3 . . . . . . . · · · · · · · ·

3.29 3 .30
Street Sweeping . . . . . . • . . . . . . . Solid Waste Management Plan . . . . ....

3.30.l ..... · · · · · · · · · · ·

3.30.2 ...... · · · · • · · · · · 3.30.3 . . . . . . . . - · ·

3.30.4 . . . . . . .

ARTICLE IV

4.1 4.2

4.3 4.4

4.5 4.6

ARTICLE V

5.1 5 • .2

5.3 5.4

5.5 RATES, BILLING AND PAYMENT . . Sale of Accessories ..... .

Rates . , • . • • . . . . . . . . . . .

Rate Adjustment . . . . . . . . . . . . 4.3.l Adjustment Procedure •...•.....

4.3.2 Limitations on Rate Increases

4.3.3 Annual C.P.I. Adjustment .... 4.3.4 Inordinate Cost Increase Adjustment . 4.3.5 Rate Adjustment for Tipping Fees •...

4.3.5.1 . . . . . . . . . . . . . . . ..

4.3.5.2 ................ .

4.3.6 Rate Adjustment From Changes in Service
Requirements ..........•...

4.3.7 Tipping Fees as Portion of Overall Rate.

Billing . . . . . . . . . • • . . .

4.4.1 . . . . . .. ·

4.4.2 . . . . . .... .

4.4.3 . . . . . . . . . ... · .

4.4.4 . . . . . . . . .... ·

4.4.5 . . . . . . . . . . . ..

Late Charges . . . . . . . . . . . . . Delinquent Accounts .

BREACH AND TERMINATION . . . . . .

Default; Notice . 5.1.1 ......... ~ ........ .

5.1.2 ...

5.1.3 . . . . . . . . . . . . . . ..

Institution of Legal Actions ... Notice; Response; Resolution; Appeal 5. 3 . 1 Not ice; Response . . . . . . . . . . 5.3.2 Review by City Manager: Notice of Appeal

5.3.3 City Council Hearing ....... . 5.3.4 City Council Determination .. .

5.3.5 Continued Performance by Collector .. . Termination for Cause . Liquiqated Damages

5.5.1 . . ... .

5.5.2 . . • ..... .

5.5.3 .. .
27 27
27 27
27 28
28 28
28 28
28 29
29 29
29 29
29 29
30 30
30 30
31 31
31 31
32 32

3.2 32
33 33
33 33
33 33
34 34
34 34
35 35
3G
36 36
37 37
38 38

...
)

5.5.4 . . . . . .... · · · · · · · · · • · ·

5.6 Cumulative Rights ........... • .... . s. 7 City's Additional Remedies . . . . . . .

ARTICLE VI

6.1 6.2

6.3 6.4
. ASSIGNMENT
Assignment of Agreement •......•••
Transfer of Stock or Interest . Bankruptcy . . . . . • . . . . . . . . . . Eligibility for Assignment or Transfer

6.4.1 .............. .

6.4.2 .................. .
. . . . . . . . . . . . . . .
. .

ARTICLE VII

7.1 7.2

7.3 7.4

7.5 7.6

7.7 7.8

7.9 7.10

7.11 7.12

7.13 7.14

7.15 EXHIBIT A

EXHIBIT B
MISCELLANEOUS . . . . Independent Contractor .......•
Construction ...... . Calendar Days; Working Days ..... . Severability .•••.....••..

Captions and References ....... . Time of the Essence .. . No Oral Modifications .... . Force Majeure . .... .

Property Damage •....

Law to Govern; Venue
Fees and Gratuities.

Attorney's Fees .. . Amendments .... . Joint Drafting .... . Execu~Aon in Counterparts . . . . . . . . . . . .
. . . .
. . . . . . . . . . . .
. . . .
. . . .

CITY OF CUDAHY COLLECTOR FEE QUARTERLY STATEMENT

MAXIMUM INITIAL RATES
38 38
38'
39 .
39 40
40 40
40 40
40 40
40 40
41 41
41 41
41 41
42 42
42 )
42 42
42_

AGREEMENT FOR

SOLID WASTE AND RECYCLABLE MATERIALS HANDLING SERVICES

THIS AGREEMENT FOR SOLID WASTE AND RECYCLABLE MATERIALS HANDLING SERVICES ("Agreement") is entered into as of the 15th day of December, 1998 by and between the CITY OF CUDAHY, a municipal corporation, organized and existing under the laws of the State of California ("City") and CONSOLIDATED DISPOSAL SERVICE L.L.C., a Delaware limited liability company
(•collector•), as follows:

This Agreement is entered into on the basis of the
following facts, understandings and intentions of the parties:

A. The Legislature of the State of California, by
enactment of the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, et seq.; hereinafter the "Act") established a solid waste management process which requires cities and other local jurisdictions to implement source reduction, reuse and recycling as integrated waste management practices; and B. The Act authorizes and requires local agencies to
make adequate provisions for solid waste handling within their jurisdictions; and
C. Pursuant to Sections 40059 and 49300 of the Public
Resources Code, City is authorized to enter into an exclusive agreement for the collection and disposal of solid waste; and D. City and Consolidated Disposal Service, Inc .•
Collector's predecessor in interest, entered into that certain "Contract for Garbage, Rubbish and Waste Collection and Disposal(sic) from Residential Premises"·dated August 15, 1988, which expires on December 30, 1998; and · . .. . ·- . . ' . - E. Collector and City desire to implement a system of automated collection of solid waste and recyclable materials in the City, to more efficiently provide for the collection of such materials, and to ·facilitate achievement of City's obligations pursuant to the Act; and
F. Pursuant to this Agreement, City desires to engage Collector as an independent contractor to exclusively provide automated solid waste and recyclable materials collection services in the City. Collector shall furnish all personnel, eqµipment, ~n~ ~~PPlies n_ec~s~ary _to c:ollect, pickup, or otherwise remove and dispose.of all solid waste and recyclable Jll20S Clll0•ODD02 gv 1094531.3 13)

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materials, as defined herein, generated or accumulated by all residential and commercial/industrial users or customers within the City, except as otherwise specifically provided fterein; and G. Collector has represented to City that it has the
experience, responsibility, and qualifications to implement the automated collection of solid waste and recyclable materials, and to arrange with residents and other entities in the City of CUdahy for the collection, safe transport, processing and disposal of solid waste and recyclable materials in compliance with applicable laws; and
H. City and Collector are mindful ·of the provisions
of the laws governing the safe collection,.transport, recycling and disposal of solid waste, including the Act, RCRA, and CER~; and
I. City and Collector desire to leave no doubts as to
their respective roles and to make it clear that by entering into this Agreement, City is not thereby becoming a •generator• or an "arranger" as those terms are used in the context of CERCLA Section 107(a)(3), and that it is Collector, not City, which is "arranging for• the collection of solid waste and recyclable materials from residential and commercial/industrial premises in the City, the transport of same for disposal, the composting of green waste and the recycling of recyclable materials; and J. There are no places within the City where
landfills are located, or which are suitable for the siting of. a landfill, and solid waste must therefore be exported from the City.

ARTICLI I
PARTIES; EXCLUSIVE RIGHTS; TERM

1.1 Parties to the Agreement. The parties to this
Agreement are:

1.1.1 City: The City of Cudahy, a municipal corporation, having its principal office at 5220 Santa Ana.

Street, CUdahy;-•CA-- 90201. ~ -- - ···
. 1.L2 Collector: Consolidated Disposal Service,
L.L.C., a Delaware limited liability company, having its place of business at 12949 Telegraph Road, Santa Fe Springs, California 90670.

1.1.2.1 The sole member of Consolidated
Disposal Service, L.L.C. is Republic Services, Inc., a Delaware corporation. Collector represents that it will continue to exist as a wholly-:owne.d. -,µ,bsid,iiiry_ of Repul;>iic. Services, Inc. • The riame °Corisolldated Dispos·ai-· Service-- shall be. used for. all 911205 C1130•0DOOZ gv 1094531.3 (31 - 2 -
)

)
correspondence, billing statements,·directory listings,· references, signs, vehicle identification, etc ..

1.2 Representative§ of the Parties and Service o{
Notices. The representatives of the parties who are primarily responsible for the administration of this Agreement, and to whom formal notices, demands and communications shall be given, are as follows:

1.2.1 The principal representative of City shall
be:
shall be:

City Manager
City Hall
5220 Santa Ana Street
P.O. Box 1007
CUdahy, CA 90201
(323) 773-5143
(323) 771-2072 / FAX

1.2.2 The principal representative of Collector
Mr. Dave Ault
Executive Director/Franchise
Administration
Consolidated Disposal Services
P.O. Box 309
1131 North Blue Gum Street
Anaheim,- California 92815
· -···· ·(·71.)· 238~3300
(714) 238-3309 / FAX ·- ·

1.2.3 Formal notices, demands and communications
to be given hereunder by either party shall be made in writing and shall be effective upon the date of personal delivery or, in the case of mailing, on the date of delivery or attempted delivery as shown on the U.S. Postal Service certified mail return receipt.

1.2.4 If the name of the principal
representative designated to receive the notices, demands or communications, or the address of such person-, - is changed, - written notice.shall be given within five (5) working days of the change.

1.3 Exclusive Rights; Non-Exclusive Rights.

1.3.1 Subject to the terms and conditions of
this Agreement, and applicable state laws, City hereby grants and issues to Collector the exclusive authority, right and privilege to collect, pick-up, gather, remove- and dispose- -of all Solid Waste and Recyclable Materials gerferated or accumulated at all 911205 C1130•00002 gv 1094531.J (31 - 3 -

)
Residential Premises and Commercial/industrial Premises within the City, for the term of this Agreement, unless e~rlier terminated as provided herein.

1.3.2 Pursuant to Public Resources Code Section
49520, Collector's exclusive rights hereunder are subject to the limited continuation rights of certain qualified solid waste enterprises that have previously been authorized by permit to provide Solid Waste and Recyclable Materials handling services for Commercial/industrial Premises in the City. These limited continuation rights shall expire on February 9, 2000 as to MultiUnit Residential Buildings, and on October 31, 2003 as to Commercial/industrial Premises that are not Multi-Unit
Resi_dential Buildings. . ... _ . .

1.3.3 Collector's exclusive rights hereunder
shall be further subject to the rights of state facilities to use a solid waste enterprise other than Collector.

1.3.4 Collector waives any right it may have to
challenge the terms of this Agreement under federal, state or local law. Collector waives any right or claim to provide Solid Waste and Recyclable Materials handling services in the City under any prior grant of franchise, contract, license or permit, including but not limited to the 1988 Agreement, and any right under Section 49520 of the Public Resources Code. Except as expressly set forth in Section 1.5 regarding the Rollout Period, the 1988 Agreement is of no further force or effect.

1.4 I§Im. The term of this Agreement shall be for ten
(10) years (the "Initial Term") -r commencing January 1, 1999. · On January 1, 2000, and each year thereafter the term of this Agreement shall be automatically extended one (1) additional year, so that the remaining term shall continue to be ten (10) years. In no event shall the term, including any extension thereof, at any time exceed a total period of ten (10) years. Should either party desire that the automatic renewal and extension provision be terminated, such party shall give the other written notice of termination. Any such notice shall serve only· to terminate the automatic one (1) year renewal and extensi"on provision, and this Agreement shall remain in effect for the balance-of. the term then outstanding. Notwithstanding. the foregoing,· the unexcused failure or refusal ··of·-·collectc:if-··to · perform any material term, covenant, obligation or condition contained in this Agreement shall give rise to the right, in favor of City, to terminate this Agreement for cause in accordance with the procedures elsewhere contained herein.

1.5 Rollout Period. This Agreement reqUires a
transition from the manual collection system for Residential Premises used in the City as of the date of this Agreement, with no collection of Recyclable Materials, to a fully automated c:oll4!ction ay.atem for Solid Waste and Recyclable Materials.

Collector shall ·•rollout• the-new· services required-by this eat2D~ t-1a10.DDDD2 av 1094511.l IJt - 4 -
\

)
)
Agreement such that the Automated Collection system for Solid Waste and Recyclable Materials is implemented throughout the City on or before July 1, 1999. For purposes of this Section 1.5, "implemented throughout the City" means all Residential Premises, and Multi-Unit Residential Buildings which elect to not receive commercial bin service, in the City are being provided by Collector with the Automated Collection system required by this Agreement. During the Rollout Period, Collector shall distribute the containers required by this Agreement to all Residential Premises, and Multi-Unit Residential Buildings that elect not to receive cpmmercial bin service, and implement the public education program developed pursuant to Section 3.13. During the Rollout Period, Collector shall continue ·to provide collection services for Solid Waste according to the terms of the 1988 Agreement, to those customers who are not yet.receiving the.

Automated Collection services required by this Agreement.

1.6 Representations and Warranties. As a material
inducement to City entering into this Agreement, Collector makes the following representations and warranties, each of which is material and is being relied upon by City in entering into this Agreement:

1.6.l Collector has the experience,
responsibility, and qualifications to implement the Automated Collection of Solid Waste and Recyclable Materials from Residential Premises and from those Multi-Unit Residential Buildings that elect to receive Automated Collection service in lieu of commercial bin service, and to arrange with residents and other entities in the City for the collection, safe transport, processing and disposal of Solid Waste and Recyclable Materials in compliance with applicable laws. - _____ . - -- --

1. 6. 2 The Automated Collection system described
in this Agreement will be implemented throughout the City on or before July 1, 1999, in accordance with the provisions·of Section

1.5. 1.6.3 Collector will collect Solid Waste and
Recyclable Materials from all City Facilities, special events, and from illegal dumping at no charge to City or service recipients in the City, in accordance with the provisions of Sections 3.9, 3.10, and 3.11. As set forth. in Section 3.21.i, however, Collector has no obligation to collect Hazardous Waste pursuant ~o this Agreement.
- 1.6.4 Collector will not increase the rates
charged to Residential Premises prior to July 1, 2000.
l. 6. 5 Collector agrees to implement all
provisions of City's SRRE and HHWE~ as directed by City pursuant to this Agreement, such that City shall achieve a diversion rate C?.f ~Q.'-_ by Janµ~ry l, 2_QQO,._ and any diver~_ion -~atE!'-_whi~h mc1y subsequently be required by the Act or any successor statute. tl1205 C1130-00002 gv 10t4531.3 (3) - 5 -

1.7 Special Provisions Applicable to City Manager and
City Clerk.

1.7.1 The City Manager shall expeditiously
deliver to the City Council copies of all formal notices, demands and communications received from Collector.

1.7.2 Commencing in August, 2000, and every
August thereafter, the City Clerk shall place an item on the agenda of the regular City Council meeting which would allow the Council to order the setting of a public hearing for purposes of the annual review.of performance·and quality of service-pursuant• to Section 3.26, or •n annual systems and services review pursuant to Section 3.27, or both such reviews.

1.7.3 The provisions of this Section 1.7 are for
the exclusive benefit of City. Collector acknowledges that failure of the City Manager or City Clerk to comply with the provisions of this Section 1.7 would not harm Collector in any manner. Failure of the City Manager or City Clerk to comply with the provisions of this Section 1.7 does not entitle Collector to any remedy whatsoever, nor does it limit the ability of City to conduct the annual review of performance and quality of service, or the annual systems and services review.

ARTICLB II
· - DBPJ:NITI'.ONS

2.1 The definitions set forth in Section 12-2.1 of
Chapter XII of the Municipal Code are incorporated herein by this reference. Whenever any term used in this Agreement has been defined by Section 12-2.1 of the Municipal Code or Division 30, Part 1, Chapter 2 of the California Public Resources Code (the Ac-t), the definitions in Section 12-2 .1 or the Public Resources Code shall apply unless the term is otherwise defined in this Agreement. In addition, the following definitions are hereby incorporated into this Agreement: . . . ~- __ . ___ . _ . .. - . ..

2.1.1 "Automated Collection• or "Fully Automated
Collection System• shall mean the collection of Solid Waste and Recyclable Materials using Standard Residential Containers and vehicles designed so that Collector's employees are not required to leave the vehicle to collect the Solid Waste or Recyclable Materials.

2.1.2 "CERCLA" shall mean the Comprehensive Environmental Response, Compensation and Liability Act, 42 u.s.c. ) Sect;_ons: 960~ __ ._ _Qa_.
tll205 Clll0-00002 gv lOtCSJl.l (lJ - 6 -

)
)
2 .1. 3 "City Facilities" shall mean City Hall,
all public parks owned or managed by City, the City maintenance yard, and any other facility used primarily by City that may be constructed or leased during the term of this Agreement.

2.1.4 "CIWMB" shall mean the California
Integrated Waste Management Board, or any successor regulatory board or agency.

2.1.s "Collection Costs" shall mean, for
purposes of Section 4.3, all costs incurred by Collector, including the allocation of Collector's overhead, for the collection and transportation of Solid Waste and Recyclable Materials to a disposal facility, except for the tipping fees or other costs charged for the actual disposal by a disposal facility. . .

2.1.6 "Commercial Rates" shall mean, for
purposes of Section 4.3, the rates charged by Collector to Commercial/industrial Premises, including those Multi-Unit Residential Buildings that receive commercial bin service and not Automated Collection service.

2.1.7 "Control• shall mean, for purposes of
Section 6.2 of this Agreement, the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a corporation, company, partnership, joint venture, or other association.

2.1.8 "C.P.I." shall mean the Consumer Price
Index for All Urban Consumers in the Los Angeles-Anaheim Riverside area. · . .. . . - .

2.1.9 "Diversion Rate" shall mean the
calculation, in the manner required by Public Resources Code Sections 41780, tt seq., of the percentage of total Solid Waste generated in the City during a twelve month period that was diverted from landfill disposal or transformation in the same twelve month period.

2. 1 .10 "Environmental Statutes"· shall mean, for
purposes of this Agreement, 42 united States Code sections 9600; tt seq~, ·42 U.S.C. Sections 6901 et'. seg~ ;· California Health and Safety Code Sections 25300, tl seg., or successor statutes.

2.1.11 "Gross Receipts" means any and all monies
or compensation in any form received from any and all service recipients for services provided pursuant to this Agreement, not including the marketing of Recyclable Materials.

2.1.12 "Household Hazardous Waste Element" or
"HHWE" means the element required by Public Resources Code ~~ction41500 .. city adopted a Household Hazardous Waste Element on March 23rd, 1992.
,11205 Cl8J0•00002 gv 10,4Sll.J fl) - 7 -

2.1.13 "Municipal Code"· shall mean the Cudahy
Municipal Code.

2.1.14 "RCRA" shall mean the Resource
Conservation and Recovery Act, 42 u.s.c. Sections 6901 ~ §gg ..

2. 1. 15 "Residential Rates" shall mean, for
purposes of Section 4.3, the-rates charged by Collector to Residential Premises and to those Multi-Unit Residential Buildings that receive Automated Collection service, in lieu of commercial bin service.

2.1.16 "Rollout Period• shall mean the period
between the date of this Agreement and June 30, 1999.
2 .1.17 "Source Reduction and Recycling Element"
or 11 SRRE" means the-element required by Public Resources Code Section 41000, tt u.g. City adopted a Source Reduction and Recycling Element on March 23rd, 1992.

2.1.18 "Tipping Fees" shall mean, for purposes of
Section 4.3 of this Agreement, the cost charged by a landfill operator to disp~se of one (1) ton of municipal Solid Waste from Residential Premises, not including any special wastes [such as rubber, concrete, Bulky Goods, etc.].

2.1.19 "1988 Agreement" shall mean the agreement
referenced in Recital "D" of this Agreement.

AR'l'XCLB IXX

SOLID WASTB AND RBCYCLABLB MATBRIALS HANDLING SBRVICES

3.1 Governing Requirements. Collector shall acquire and maintain all necessary permits· and licenses, and shall comply with all provisions of this Agreement, the Municipal Code (including, but not limited to, Chapter XII, which is
incorporated herein by this reference), and all other applicable laws, rules and implementing regulations, as they, from time to time, may be amended, specifically including, but not limited to the Act; CERCLA;a RCRA, and the Americans With Disabilities Act c2a u.s.c. §§ 12001, · et seq,).· ·· · · - ·

3.2 Collector Fee

3.2.1 Collector shall pay to City a Collector
Fee of Eight percent (81) of Collector's gross receipts. The Collector Fee shall be in lieu of all City business license and City business permit fees pertaining to the collection of Solid Waste or Recyclable Materials.
tl1205 Clll0-00002 gv 10t45ll.l (lt - 8 -

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)

3.2.2 The Collector Fee from
Commercial/industrial Premises shall be payable quarterly, on or before the 20th day of the month following the end of each preceding calendar quarter. Each such payment shall be
accompanied by an accounting, substantially in the form attached hereto as Exhibit "A", which sets forth Collector's gross receipts collected from Commercial/industrial Premises during the preceding calendar quarter. The Collector Fee from Residential Premises shall be collected by City pursuant to Section 4.4.1.

3.2.3 No acceptance of any payment by City shall
be construed as an accord that the amount is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim City may have against Collector·for any · additional sums payable -under the provisions · of this Agreement~·. - All amounts paid shall be subject to independent audit and· recomputation by City. If, after-- audit, such recomputation indicates a Collector Fee underpayment, Collector shall pay to City the amount of the underpayment within ten days of receipt of written notice from City that such is the case. If, after audit, such recomputation indicates a Collector Fee underpayment of more than three percent (3t), Collector shall reimburse City for all reasonable costs and expenses incurred in connection with the audit and recomputation, within ten days of receipt of written notice from City that such is the case. If, after audit, such recomputation indicates a Collector Fee overpayment, City shall notify Collector in writing of the amount of the overpayment, less costs and expenses incurred in connection with the audit and recomputation. Collector may offset the payment or payments (as appropriate) next due following receipt of such notice by the amount specified therein. ·

3.3 Quantity. Collector shall collect all Solid Waste
and Recyclable Materials generated and presented for collection at each Residential Premises and Commercial/industrial Premises in conformity with the provisions of this Agreement, and at all City Facilities.

3.4 Containers.

3.4.1 Automated Collection- Residential
Premises. Collector shall provide the initial containers and any replacement containers to all Residential: Premises, and to those Multi-Unit Residential Buildings to be served with Automated Collection. Collector shall not charge for the delivery of containers. Collector shall provide: one 95 gallon $tandard residential container for Solid Waste; and one 65 gallon standard residential container for commingled Recyclable Materials. to each unit in the Residential Premises, and to each unit in those Multi-Unit Residential Buildings to be served with Automated Collection. Upon request by the customer, Collector shall provide one ·65 gallon standard residential container for Solid Waste in lieu of the 95 gallon container.
tl1205 Clll0-00002 gv 10t45Jl.3 (l) - 9 - Page 97 of 340 )
Any residential service custo~e~ .~ay request in writing to Collector, and.Collector shall provide: additional 65 or 95 gallon containers for Solid Waste at a rate not to exceed that set forth in Exhibit 11 B"; and up to two (2) additional 65 gallon containers for Recyclable Materials without additional charge.

In the event delivered standard residential containers
are lost, stolen, damaged or destroyed, Collector shall deliver to the customer a replacement container(s) within one week of· request by the customer or City, at no charge to the customer or City for eithe~ the container or its delivery.

The color and manufacturer of the containers shall be
subject to approval by the City Manager. City's name and logo, and Collector's phone number, shall be embossed or affixed.on all standard residential containers. Collector shall not place any labels or embossments on the standard re-sidential containers without prior approval by City. ·

3.4.2 Collector to Provide Containers for
commercial/Industrial Premises. Collector shall make
arrangements with each commercial/industrial customer concerning the size and number of Solid Waste container(s). Each such container or bin shall be a "standard commercial/industrial solid waste container,• as defined by Municipal Code Section 12-2.1.

Collector shall be responsible for the general repair and upkeep of all such containers. Containers shall be repainted a minimum of once every two years or as needed to remain attractive and clean and kept in a serviceable condition at all times. ~. 4. 3 Repair of Containers. Repairs to
containers, including replacement of wheels, lids, hinges, axles and handles, shall be the responsibility of·Collect;or.- Colrector· shall repair or replace all damaged containers upon viewing the damaged container, and in no event later then one week after request therefore from City or the customer.

3.5 Care of Containers. All containers shall be
replaced upright, where found. Neither Collector nor Collector's· agents and/or employees shall in any way break, damage or roughly handle the containers. ·

3.6 Collection From Residential Premiseg.

3.6.1 Automated collection Of Solid·Waste and
Recyclable Materials. Collector shall provide fully Automated Collection of Solid Waste and Recyclable Materials from Residential Premises within the City. Collector shall furnish all labor, supervision, materials, permits, licenses, and equipment necessary to provide such service.
tl120S Clll0-00002 gv 1094531.l Ill - 10 - Page 98 of 340 )

3.6.2 Frequency of Collection - Residential
Premises. Collector shall collect all residential Solid Waste and Recyclable Materials on a regular schedule which will specify the day during which collection will occur in City. All residential Solid Waste and Recyclable Materials shall be collected once each week, on the same day during each week, except as'otherwise provided herein. The collection schedule for 1999 shall be the same as for 1998, unless a change is approved in writing by the City Manager. Not later than November 30 of each year, commencing in 1999, Collector shall submit to the City Manager any changes proposed for its collection schedule for the ensuing calendar year. The schedule shall indicate all regularly scheduled collection days which fall on a holiday and the collection day which is proposed to be substituted therefor so as to ensure that collection shall take place once each week. The schedule is subject to the City Manager's approval. In the event of any changes proposed by Collector and approved by the City Manager, Collector shall mail a written notice to all customers of such schedule not later than December 31 of the year prior to the year in which the schedule changes will take effect.

3.6.3 Residential-Carryout Services. Collector
shall provide carry-out services for those individuals who are unable to place their Solid Waste and Recyclable Materials containers for collection in the usual manner due to severe physical handicap. Collector shall not receive special payment for this service.

3.6.4 .Residential-Bulky Goods Collestion.

Collector shall pr9vide curbside collection of bulky items such as_couches, rugs, refrigerators, water. heaters, up to four tied bundles of tree- trimmings· not to exceed 72 11. in length, 48" in diameter, or 60 lbs., and other items of Solid Waste not suitable· for Automated Collection due to their size or weight, as follows:

Collector shall provide once a week "Free on
Wednesdays" collection of all Bulky Goods placed for collection at the curb, at no charge to City or Residential Householders or the owners or occupants of Multi-Unit Residential Buildings, and without the customer being required to call ahead for collection.

The collection shall occur on Wednesdays, or such other day as may be agreed to by Collector and the City Manager.

In addition, upon request·, each resident shall be
provided on demand collection of Bulky Goods. Requests by residents for such collections shall be made directly to Collector, who shall provide satisfactory telephone message receiving, transmitting and response procedures, and who shall be responsible for maintaining a log of such large item collections.

Requests for bulky item collection service shall be fulfilled within a reasonable time, but no more than five (5) days after such request is received. On demand collections shall be provided at a cost not to exceed that set forth in Exhibit •B11 • tll205 ClB)O-O0002 !JV 1094531.3 (3) - 11 -

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Upon request by the City .ManageJ", .. Collec~or_· shall collect Bulky Goods illegally dumped on City streets. Such- . collections shall be made twenty-four (24) hours after telephone request by the City Manager. Collector shall bill the property owner for the costs of collection, including any administrative costs imposed by City.

Bulky Goods collected by Collector may not be
disposed of until the following hierarchy has been followed by Collector:
a. Reuse as is (if energy efficient) b. Disassemble for reuse or Recycling c. Recycle . d. Disposal.
3".6.5 Holiday Tree Recycling. Collector shall
collect, transport and recycle as Green Waste all Holiday trees which are placed for collection on regular collection days, from all Residential Premises and Multi-Unit Residential Buildings within the City, during the period beginning on December 26 and ending 6:00 p.m. on the second Saturday in January.

3.7 collection From Multi-unit Residential
Buildings. Collector shall provide the same level, type, and frequency of collection services provided Residential Premises, including but not limited to the provision of containers pursuant to Section 3.4.1, to all Multi-Unit Residential Buildings that request such service. Collector shall provide Bulky Goods collection pursuant to Section 3.6.4 to all Multi-Unit
Residential Buildings, regardless of whether the Multi-Unit Residential Buildings are receiviQg Automated Collection or .. ~ commercial bin service·~ .. ~ ·· - · ··

3.8 Collection From Commercial/Industrial Premises.

3.8.l Collecti9n Services. Collector shall
furnish all labor, supervision, materials, permits, licenses, and equipment necessary to provide Solid Waste and Recyclable Materials collection from Commercial/industrial Premises within the City. .

3.8.2 · Frequency of Collection.-.- -collector ··.
shall make arrangements with each commercial/industrial customer concerning the size of Solid Waste container and .. frequency of collection.
,1120s c1110-00002 av 1ott531.3 131 - 12 - Page 100 of 340 )

3.8.3 Clean up of Waste Enclosures or
overflowing Bins. Collector shall exercise all reasonable care and diligence in collecting Solid Waste and Recyclable Materials, and shall at Collector's sole expense, clean out all overflowing bins or waste enclosures within twenty-four (24) hours of notification by City. If the situation dictates and with the approval of the City Manager, Collector may charge the customer for the actual costs of clean up, or for increased service levels.

3.9 City Facilities.

3.9.l Collector shall collect and dispose of
all Solid Waste and Recyclable Materials from all City
Facilities. Collector shall provide each City Facility with sufficient bins and other containers, as determined by the City Manager, for the collection of Solid Waste and Recyclable Materials. Collector shall provide separate bins for Green Waste at all public parks.

3.9.2 All services provided pursuant to this
Section 3.9 shall be provided at Collector's expense, with no charge to City, and shall not- be included in the rates charged to service recipients in the City.

3.10 Special Events. Upon request, collector shall
provide Solid Waste and Recyclable Materials collection to special events conducted by City, at Collector's expense, with no charge to City. Such services shall include delivery, placement, removal and disposal of all wheeled 9arts ~n~_pins as needed-for_ each event, signed in ~uch a way as to indicate their use, subject to City Manager approval. The number of bins and containers shall be adequate to allow convenient Solid Waste and Recyclable Materials disposal for event participants, as determined by the City Manager. If, in the discretion of the City event coordinator, additional bins or containers are needed, Collector shall immediately deliver the requested additional bins or containers. The bins or containers shall be delivered the morning of the event and placed with direction from the City event coordinator. Collector shall provide Solid Waste and Recyclable Materials collection the day of the event, and shall remove containers by the end of the same day the event is finished if possible, or prior to noon on the next working day.

3.11 Pick up of Illegally Dumped Materials.

Collector agrees, at no additional charge, to provide on-demand pick-up of illegally-dumped Solid Waste and Recyclable Materials within one (1) working day of City's request.

3.12 Exclusions. Nothing contained herein shall be
deemed to affect the exclusions set forth in Sections 12-6.1 et seg. of Chapter XII of the Municipal Code. -
981205 Cl830•00002 'i1V 1094S38.3 (31 - 13 - Page 101 of 340 )

3.13 community Education and Information; Presa
Releases. etc.

3.13.l Collector shall develop and implement a
public education and information program in order to explain the transition to Automated Collection, maximize participation in the residential recycling effort, and provide information on the availability of Bulky Goods services and other special collection services, as well as on the complaint resolution procedure set forth in Section 3.19. The public education and information progr.am may include, without limitation, media advertising, contests, and community Jnvolvement programs. The public education and information program shall include methods of intensive outreach during the Rollout Period, as well as periodically (no less often then annually) thereafter, and methods of informing customers of available services at the time they apply for service. The various elements of the public education and information program shall be reviewed and approved by the City Manager prior to implementation, and not later than ninety (90) days after execution of this Agreement. The direct costs of implementing the program shall be borne by Collector.

3.13.2 All press releases, reports, or other
documents prepared by Collector for :release to the p·ublic, the CIWMB, or any other public agency, including but not limited to those relating to the Automated Collection system, or to City's SRRB, HHWE, and Diversion Rate, shall be subject to the prior review and approval of the City Mana~er.

3.14 Solid Waste Disposal; Processin9 of Recyclable·
Materials.

3.14.1 Collector shall dispose of all collected
Solid Waste at Collector's expense and in accordance with all state, federal and local laws and regulations. In accordance with and subject to the provisions of Article IV hereof, the cost of disposal will be included in the rates charged by Collector hereunder. City may require Collector to dispose of all Solid Waste and Recyclable Materials collected in City at a site designated by the City Council. If City exercises its right to require disposal at a designated site, rates will be subject to immediate adjustment pursuant to Article Iv.. . . . . -··• ..... •- .. ---•· ... ·---·• .. . ..

3.14.2 Except as set forth in Sections 3.14.3
and 3.14.4, Collector shall deposit all Solid Waste collected in the City at landfills which have been properly permitted by the Regional Water Quality Control Board, which are classified as Class 3 landfills (landfills designated to receive only municipal solid waste), and.which are not on or being considered for inclusion on a state or federal Superfund list. Alternatively, Collector may deposit the Solid Waste collected in the City at transfer stations, waste to energy facilities or resource recovery facilities which have been properly permitted and which are not oil ·or being considered fcir inclusion on a state or ,,1205 0130-00002 gv 10,4531.3 (JJ - 14 - Page 102 of 340 )
federal Superfund list. Collector shall·have an affirmative duty to, annually or, if reasonably warranted, more frequently, obtain copies of permits issued for all disposal facilities at which it disposes of City's waste, inspect all such facilities, and check with regulatory agencies to ascertain the fitness of such facilities to accept waste, including whether such facility is on a state or federal Superfund list, or is being considered for inclusion on such a list. Failure to conduct such due diligence, or disposal of Solid Waste collected in the City in violation of this Section 3.14.2, to the extent it causes liability or damage to City, shall tr~gger Collector's obligation to indemnify City (pursuant to Section 3.24.2), including for liability under the Environmental statues.

3.14.3 Commencing July 1, 1999, all Solid Waste
and Recyclable Materials collected from Commercial/industrial Premises, and all-Recyclable Materials collected from Residential Premises, shall be transferred to a Material Recovery Facility (MRF) which is properly permitted by local and state permitting agencies and otherwise complies with applicable federal, state, and local laws and regulations. The parties contemplate an increase in the Commercial Rates pursuant to Section 4.3 in order to implement·this provision as to Commercial/industrial Premises.

3.14.4 Collector shall deliver all source
separated Green Waste to a legitimate composting or alternative fuel facility, or for use as alternative daily cover at an approved landfill, such that City receives credit in calculating its Diversion Rate for having diverted the Green Waste from disposal in a landfill or transformation facility. - -
3 .15 Equipment·:·

3.15.1 Collector warrants that it shall provide
an adequate number of vehicles and equipment for the collection, disposal and transportation services for which it is responsible under this Agreement.

3.15.2 To protect peace and quiet in
residential areas; the noise level generated by compaction vehicles using compaction mechanisms during the stationary compaction process shall not exceed eighty-five (85) decibels at a distance of ·twenty~five ·c-2s) ·feet- from the collection vehicle measured at an elevation of five (5) feet above ground level.

Upon request of the City Manager, but not more often than annually, Collector shall submit to City a certificate of vehicle noise level testing of all vehicles by an independent testing entity.

3.15.3 All equipment used by Collector to
perform work under this Agreement shall conform to the highest industry standards and shall be maintained in a clean and efficient condition. ·All motor vehicles used in implementing this Agreement shall eornply with applicable provisions of the 911205 C1830-00002 !JY 1094531.3 (3t - 15 - Page 103 of 340 Municipal Code, including but not limited to Sections 12-5.1 tl seg. The current certificates generated from the bi-annual California Highway Patrol inspections of each vehicle shall be submitted to the City Manager at the time of execution of this Agreement, and bi-annually thereafter, commencing January 30, 2000, throughout the Agreement term. All vehicles and bins used to perform this Agreement shall be kept clean, in good repair and will be uniformly painted to the satisfaction of the City Manager. All vehicles shall be cleaned, both inside and out, not less than once weekly. Any Solid Waste or miscellaneous debris dropped or spilled in collection, transfer or transportation shall be immediately cleaned up by Collector. A broom and a shovel shall be carried at all times on each vehicle for thia purpose.
3,15.4 Collector shall not store any vehic1e on
any public street·or other property in the City.

3.16 Collector's Employees; Training.

3.16.1 During the life of this Agreement,
Collector shall employ sufficient personnel qualified by reason of education, training and experience to discharge adequately the services agreed to be performed by Collector pursuant to the terms of this Agreement. Collector shall provide service of the highest quality at all times, and personnel retained to perform this Agreement will be temperate, competent, and otherwise fully qualified to fulfill the obligations of Collector.
3 .16. 2 All employees of Collector performing
So+id Waste and Recyclable Materials collection services under this Agreement shall be dressed in clean uniforms with suitable identification, and no portion of this uniform may be removed while working. Uniforms ~ust be approved by,the City Manager.

3.16.3 Collector shall not discriminate during the performance of this Agreement against any employee or applicant for employment because of the employee's or applicant's race, religion, national origin, ancestry, sex, age, disability, marital status, or sexual orientation.

3.16.4 Collector shall provide regular and
continuing training to· its personnel,_ including .but not limited to safety training and customer service training, to insure that the highest quality of service is provided at all times.

Collector shall also conduct yearly training programs for all of its waste collection employees, to instruct them on:
(a) determining what is Hazardous Waste; (b) being aware of and locating, if possible, Hazardous Waste items when undertaking collection of Solid Waste and Recyclable Materials in the City; (c) following proper procedures by tagging Hazardous Waste items as "hazardous - special handling required"; (d) advising ) customera of t_he various .alternat_ives for proper disposal; and 911205 Clll0-00002 gv 1094531.3 (3) - 16 - Page 104 of 340 )
)
(e) proper nspill response" procedures when Hazardous .Waste is observed anywhere in the City.

3.17 Collection Impediments.

Collector shall provide regularly scheduled Solid Waste and Recyclable Materials collection service to each Residential Premises and Commercial/industrial Premises in the City. A number of collection impediments may require special effort to accomplish this level of service. If this special effort requires the ~istribution of containers, it shall be the responsibility of Collector to distribute them. When Solid Waste or Recyclable·Materials are not collected from any service recipient, Collector shall notify the service recipient of the reason for noncollec~~-on by notice attached to the ~ontainer or other non-collected item, and shall notify the City Manager in writing, within twenty-four (24) hours, why the collection was not made.

3.17.1 Rain or Natural Disaster - Some streets
become impassable during periods of heavy or prolonged rain, or due to a natural disaster. When Collector determines that collection vehicles can no longer provide service in the street, the following steps shall be taken:
(a) Notify City giving location of
impassable street.
(b) Notify residents that collection
service will_};>~ avail~ble temporarily at the entrance to street location. ·
Cc)· Notify City when street is returned
to service. Return containers if applicable.
(d) Notify the residents of the date
that collection service will again be delivered in the
street location.

3.17.2 Infrastructure Renovation - Periodically major renovation is necessary to maintain the infrastructure of City. This includes such activities as replacing gas, water, and sewer· lines, surfacing or resurfacing streets, and·repl~cing wiring for telepho~e, electricity, or cable T.V.

If City is notified in advance of these activities,
City will notify Collector. However, it is not uncommon for work to be initiated without prior notification. Alternate sanitation service must be provided by Collector during this period of disruption. Each circumstance must be evaluated individually to determine the appropriate alternative. City shall be notified by Collector of the nature of the disruption, its location, and the ~J.te~nati ye e~ployed to provide service.
tl1205 CllJ0-00002 gv 1094531.J (JI - 17 - Page 105 of 340 )

3.17.3 Street Blocked by Materials - When
material is placed in the street in such a way that the collection vehicle cannot proceed down the street, Collector shall notify City. City will attempt to locate the individual responsible for the material and have them remove it, or otherwise provide for the removal of the material. Within twenty-four (24) hours of notification from the City Manager that the material blocking the alley or street ha~ been removed, Collector shall return and collect the Solid Waste and Recyclable Materials.

J.1s customer service Performance standards

3.18.1 Collector shall provide professional and
courteous customer service at all times. Every attempt shall be made to assist th~ customer in a timely and helpful manner regardless of the problem or question asked by the customer.

3.18.2 All customer service records and logs kept by Collector shall be available to City upon request and at no cost to City. City shall, at any time during regular City business hours, have access to Collector's customer service department for purposes that may include monitoring the quality of customer service, researching customer complaints, or gathering information pertaining to residential or commercial accounts.

3.18.3 City may, at City's own expense, conduct
surveys to determine customer satisfaction. Collector shal1 provide assistance in the development of the survey. If, as a result of the -survey,· -City determines -that customer service quality required by this Agreement is not being maintained, Collector shall take appropriate action to bring such service to a level of compliance with this Agreement within a reasonable amount of time. The results of such surveys shall be made available to Collector upon request.

3.18.4 Collector's office hours shall be, at a
minimum, from 8:00 a.m. to 5:00 p.m. Monday through Friday, and 8:00 a.m. to 12:00 p.m. Saturday. A representative of Cqllector shall be available during office hours for communication with the pub~ic at Collector's principal off ice. Collectpr_ sha_ll_ provide a listed telephone number, and shall courteously, quickly, and expeditiously receive and answer all telephone calls. Normal office hours telephone numbers will either be a. local or tollfree call. Collector shall also maintain a local or toll-free after-hours telephone number for use during other than normal business hours, with a message informing callers of normal business hours, and providing a number to call in the event of an emergency. Collector shall provide City with a twenty-four (24) hour-emergency telephone number list. --
- 18 - Page 106 of 340
J
)

3.18.S Collector shall designate a "government·
liaison" who shall be responsible for working with the City Manager to resolve customer complaints. The City Manager shall be made aware of the name, position, and telephone number of this individual, and in the event the •government liaison" is changed for whatever reason, Collector shall notify City within fortyeight (48) hours of the change. The City Manager may request that Collector change its "government liaison" at any time by notifying Collector in writing, stating the reasons for such request.

3.19 complaints/Compliments

3.19.1 All customer complaints and compliments
shall be directed to Collector. Collector.agrees to use its best efforts to resolve all complaints by close of business of the same business (waste collection) day on which the complaint is received, and upon requ~st shall notify the City Manager of each complaint and it's final disposition.

3.19.2 Collector shall keep a formal, auditable
record of all complaints and compliments received, listing the date of customer complaints/compliments, describing the nature of the complaint, compliment or request, the name and address of the customer, and when and what action was taken by Collector to resolve the complaint. All such records shall be maintained for a period of three (3) years, and shall be available fo~ inspection by City. Collector shall prepare monthly summaries of customer complaints/compliments. The summaries shall be available and delivered monthly to the City Manager, in acaordance with Section 3.22.~-------- . . :· .... · _ . ___ --.

3.19.3 Service complaints may be investigated
by the City Manager. In addition, a customer dissatisfied with Collector's decision regarding a complaint may ask the City Manager to review the complaint. To obtain this review, the customer must request City review within thirty (30) days of receipt of Collector's response to the complaint, or within forty-five (45) days of submitting the complaint to Collector, if Collector has failed to respond to the complaint. The City Manager may extend the time to request its review for good cause.

3.19.4 Before reviewing.the.complaint~ the ·City
Manager shall refer it to Collector. If Collector fails to cure the complaint within ten (10) days, the City Manager shall review the customer's complaint and determine if further action is· warranted. The City Manager may request written statements from Collector and customer, and/or oral presentations.

3.19.5 The City Manager shall determine if the
customer's complaint is justified, and if so, what remedy, if any, shall be imposed. The remedy -under this Section shall be . limi.ted .to. a:·rebate .. of ¢:U$tO.m~r·c::.barg~s- :r~;tatE!tl t°-. the __ per~c:::,d of · breach of any-of the terms of this Agreement or liquidated ,1120s Clll0-00002 gv 10,4531.l Cll - 19 - Page 107 of 340 )
damages pursuant to Section 5.5 in an amount not to exceed $100 for any single event or series of related events, or any actual damages. The decision of the City Manager shall be .final on any matter under Two Thousand Five Hundred Dollars ($2,500.00), and may be appealed to the City Council in accordance with the procedures set forth in Section 5.3 for any matter in excess of that amount.

3.20 Privac~.

3.20.1 Collector shall strictly observe and
protect the rights of privacy of service recipients. Information identifying individual service recipients, or the composition or contents of a customer's Solid Waste or Recyclable Materials shall not be revealed to any· person, governmental unit, private agency or comp~ny1 unless upon the authority of a court of law, by statute, or upon valid authorization of the customer. This provision shall not be construed to preclude Collector from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by the Act.

3.20.2 Collector shall not market or distribute
mailing lists with the names and addresses of service recipients.

3.20.3 The rights accorded service recipients
pursuant to this Section 3.20 shall be in addition to any other privacy rights accorded residential service recipients pursuant to federal or state law.

3.21 Hazardous Waste Notifications. and Procedures.

3.21.1 Collector has no obligation to collect
Hazardous Waste pursuant to this Agreement. Collector has represented.to City that Collector will carry out its duties to notify all agencies with jurisdiction, including the California Department of Toxic Substances Control and Local Emergency Respons_e Providers, and, if appropriate, the National Response Center, of reportable quantities of Hazardous Waste, found or observed by Collector anywhere within the City. In addition to other required notifications, if Collector observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Waste unlawfully .. dis.posed of or released on City property, streets in the City, storm drains, or p~blic rights of way, Collector also.will immediately notify the City Manager and the Los Angeles County Fire Department.

3.21.2 Collector shall provide written
information regarding household and other Hazardous Waste to all customers upon initially beginning service and on a yearly basis thereafter. This information shall specify what types of waste may and may not be disposed of through routine collection e!'~~!-.lr~~-,-:: ~~-= ay~i_lab_ility of. hous:ehold hazardous_ waste .collection programs, tne · tagging·-procedure· if Hazardous Waste is 911205 C1130•00002 gv 1094531.3 CJ, - 20 - Page 108 of 340 )
found in the customer's deposited waste, and other pertinent information. Examples of household Hazardous Waste include, but are not limited to, used motor oil, oil-based paint, paint thinner, automotive products and aerosol containers.

3. 21. 3 Collector shall no.t be required to
filter through and thoroughly inspect the Solid Waste disposed of in bins or other containers by City's residents and commercial establishments in order· to ensure it does not contain any Hazardous Waste. Collector,· however, shall take all reasonable steps to avoid collecting Hazardous Waste and shall refuse to . collect and dispose of any such waste of which it becomes aware.

Collector shall place a tag·on any Hazardous Waste items (or the container) identified in the course of providing services pursuant to this Agreement, labeling the items or container as "hazardous - special handling required" and informing the customer of the various alternatives for proper-disposal. Collector shall keep a record of all customers who have received a tag for depositing Hazardous Waste items.

3.22 Records and Reports.

3.22.1 Collector shall keep an auditable
journal recording each instance that Solid Waste or RecyclableMaterials are not collected in compliance with the terms of this Agreement or applicable ordinance or regulation. The journal. shall include the reason for non-collection, including but not limited to instances of Hazardous Waste found in the Solid Waste or Recyclable Materials .
. 3.22.2- Collector- shall compile and keep-the following information.for each month during the·quarter and shall deliver a written report thereon, signed by an officer of Collector, to the City Manager on a quarterly basis within 30 days after the end of each quarter:
(a)
pursuant to this Agreement;
total tons of Solid Waste collected
(b) total tons of Recyclable Materials
collected.from Residential and Commercial/industrial Premises, by type; (c) number of Residential Premises and
Multi-Unit Residential Buildings_~eceiving Automated Collection pursuant to this Agreement;
Premises served; (d) number of Commercial/industrial
(e) number of missed collections;
9112D5 ClllD•DOD02 gv lOttSJI.J (J) - 21 - Page 109 of 340 )
(f) the name, address and telephone
number of each waste disposal facility used by Collector during the reporting month;
(g) the name, address and telephone
number of each facility where Recyclable Materials and Green Waste were delivered by Collector during the reporting month; and (h) the complaint/compliment log
described in Section 3.19.2.

3.22.3 Collector shall compile and keep the
following documents by month, and shall deliver the documents to the City Manager within ten (10) days of a request therefor from the City Manager:
(a) copies of waste disposal facility
weight tickets/invoices which indicate the net amount of all Solid Waste disposed during the reporting month, typical fees paid, and where the waste was disposed of, by route; and (b) copies of facility weight tickets/
invoices which indicate the net amount of all Recyclable Materials and Green Waste diverted from disposal facilities during the reporting month, typical fees paid, and where the Recyclable Materials and Green Waste were delivered, by route.

3. 22 ·. 4 The refusal or failure of Collector to
file any of the reports required, or to provide required information to City, or the inclusion of any false or misleading statement or representation by Collector in such report shall be deemed a material· breach. .of this Agreement, and shal·l subject· Collector to all remedies, legal or equitable;· which are available to City under this Agreement or otheniise.

3.22.5 In order to verify reports of disposal
amounts collected by Collector from each designated route, City shall be entitled to conduct an audit of any designated route upon demand. The audit demand ~ill be made by City by telephone 48 hours prior to the regularly scheduled collection day of the designated route. Telephone notice shall be followed by written notice and facsimile transmission (Fax) to Collector. The audit demand shall entitle.City to conduct a physical route audit of any or all designated routes for the·purposes of verifying customers served, disposal amounts·collected, and any other information as may be deemed necessary and beneficial to City. The standard route audit will include minimally:
(1) verification that the collection vehicle is empty when beginning the route; (2) verification of the addresses which are served by the designated collection vehicle; (3) verification of the landfill to which the Solid Waste is taken, and the facilities where Recyclable Materials and Green Waste are taken; and-.(4) the quantity of Solid. lfas.te and Recyclable Materials in tons collected from the designated route.
- 22 - Page 110 of 340
)

3.23 Ownership of Solid waste and Recyclable
Materials. Ownership and the right to possession of Solid Waste and Recyclable Materials placed in containers or bundles for collection at the usual place of collection, transfer directly from the Residential Householder or Commercial/industrial business owner to Collector, by Municipal Code Section 12-7.7 and by Public Resources Code Sections 41950 and 41951. Collector shall notify all service recipients, in a manner acceptable to the City Manager, of the provisions of Public Resources Code Sections 419SO(c} and 41951, as well as Municipal Code Section 12-7.7, to the effect that, subject to the right of the service recipient to claim lost property, title and the right_to possession, and liability for all Recyclable Materials and all Sol~d Waste, which is set out for collection on the regularly scheduled collection day shall pass to Collector at the time it is set out. Subject to.the provisions of this Agreement, Collector shall have the right to retain any benefit or profit resulting from its right to retain, recycle, compost, dispose of or use the Solid Waste or Recyclable Materials which it collects.

At no time does City obtain any right of ownership or possession of Solid Waste or Recyclable Materials placed for collection, and nothing in this Agreement shall be construed as giving rise to any inference that City has any such rights. City and Collector agree that, for purposes of the Uniform Commercial Code and all other laws imposing liability for defective products, it is Collector, and not City which is to be considered the "merchant" of goods recycled pursuant to this Agreement.

3.24 Insurance and Indemnification
3 .. 24. l Collector shall carry public liability insurance for the term of this Agreement in an amount not less than Five Million Dollars ($5,000,000) aggregate, Two Million Dollars ($2,000,000) per occurrence, for each year within the term of this Agreement. Effective January l, 2000, Collector shall increase the coverage limits of the public liability insurance provided pursuant to this Section 3.24.l to an amount n~t ~ess than Seven Million Dollars ($7,000,000) aggregate, Three Million Dollars ($3,000,000) per occurrence. Commencing January 1, 2003, and every three years thereafter, Collector shall increase the coverage limits of the public liability insurance provided pursuant· to this Section 3.24.1 by twenty percent (20%). . .

Collector additionally shall provide Workers'
Compensation insurance.for its employees or shall have been issued a certificate to self insure in accordance with California state law. All public liability insurance obtained by Collector shall name as an additional insured the City of Cudahy, its officers, agents and employees and shall require that ninety (90) days' written notice be given prior to the reduction or modification of the limits or cancellation or expiration of the policy. __ Collector shall provide City with a certificate or certificates showing that the required insui;-@ce_will be_in effect at least 30 days in advance of the first day Collector 911205 Cl830·00002 gv 1094531.3 13) - 23 - Page 111 of 340 )
will perform services under this Agreement. No work shall be done by Collector during any period when Collector is not covered by insurance as required by this Section 3.24.1. In the e'\rent Collector does any work while not covered by the insurance, City may immediately terminate this Agreement without providing the 30 days' written notice required by Section 5.1.

3.24.2 Collector shall indemnify, defend (with
counsel reasonably acceptable to City) and hold harmless City, its officers, agents and employees from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, any and all claims, lawsuits or actions arising from the awarding or execution of this Agreement, and from any· and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with Collector's performance of its obligations pursuant to this Agreement, or arising from or attributable to any alleged breach of warranty of merchantability or fitness of purpose or other laws relating to product liability for Recyclable Materials collected pursuant to this Agreement, or to the repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or Hazardous Waste at any place where Collector transfers, stores or disposes of Solid Waste pursuant to this Agreement, or its activities pursuant to this Agreement result in a release of hazardous substances into the environment. The foregoing indemnity is intended to .operate as-an agreement pursuant to Section_l07(e) of.the Comprehensive Environmental· Response, Compensation and Liability Act, "CERCLA,• 42 U.S.C. Section 9607(e), and California Health and Safety Code Section 25364, to defend, protect, defend, hold harmless and indemnify City. Collector's obligation to indemnify, defend and save harmless City as stated hereinabove shall include, but not be limited to, paying all legal fees and costs incurred by 1egal counsel of City's choice in representing City in connection with any such claims, losses, lawsuits or actions. In connection with claims, liabili~y, lawsuits or actions arising out of the Environmental Statutes, this clause shall not restrict any rights City has against Collector, including, but not limited to, the right of contribution, pursuant to the Environmental Statutes.

THB PROVISIONS OP THIS SECTION 3.24.2 SHALL SURVIVB TJIB EXPIRATION OP TBB PERIOD DURDfG WHICH COLLECTION SERVICES ARB.TO BB PROVIDED UNDER THIS AGREEMENT.

3.24.3 Collector agrees to indemnify, protect, defend (with counsel reasonably acceptable to City) and hold harmless City, to compliance of the Act, against all fines or penalties imposed by the CIWMB in the event the diversion, source reduction and recycling goals of the Act are not met by City, or in the event Col!~ct~:r;' s_ ~~!_ay~_ ~-i.1- pt;oyidip.g info~t~oz_i p~_event Clty· from siiliinitting reports required by the Act in a timely I ,11205 C1130•00002 fJY 10,tSll.l llJ - 24 - Page 112 of 340 )
manner. Collector further agrees to reimburse City its "pro rata share" of all costs and expenses attributable to any administrative proceedings (including but not limited to the administrative proceedings required by Public Resources Code Section 40059.l(c) (5)) or litigation relating to compliance with the Act, including reasonable attorneys' fees. For purposes of this Section 3.24.3, Collector's •pro rata share" shall be determined by apportioning such costs and expenses in accordance with the percentage of fault of Coliector and City, as determined by the court or administrative body, or if none, as mutually agreed to by the parties. Collector's obligation.to indemnify and reimburse City pursuant to this Section 3.24.3 is limited to the extent that such fines, penalties, costs or expenses result from activities, events, or omissions occurring during the period during which collection services are to be provideq under this Agreement. THE PROVISIONS OF THIS SECTION 3,24.3 SHALL SORVIVB THE EXPIRATION OP.THE PERIOD DURING WHICH COLLECTION SBRVICBS ARB TO BB PROVIDED UNDBR THIS AGREEMENT.

3.25 Performance Monitoring and Security.

3.25.l City Manager shall have the right to
observe and review Collector's operations. City shall also have the right to enter Collector's premises at ·all reasonable hours and with reasonable notice for the purposes of such observation and review. In addition to the rights to audit a route pursuant to Section 3.22.5, Collector will allow a City representative to ride with Collection vehicles on any route or routes, upon receipt of a request. to do so by 3 p.m. of the working day prior to the date(s) of route monitoring. All City representatives shall execute liability waivers prior to riding Collector's vehicles. ·

3.25.2 Within thirty (30) days after the date
of this Agreement, Collector shall execute and file with City a surety bond executed by Collector as principal and by a corporate surety authorized to do business in the State of California as surety, or a cash bond, or a letter of credit issued by a credit agency approved by the City Manager, in the minimum amount of $250,000.00. The bond or letter of credit must be in a form acceptable to the City Manager. The bond or letter of credit shall guarantee the faithful performance by Collector of its. obligations set forth in this Agreement throughout the term of this Agreement. Collector shall keep the bond or letter of credit in full for~e and effect throughout the term of this Agreement, and shall cause it to be renewed annually, or more often as needed. If no bond or letter of credit be so filed and renewed, this Agreement shall be ipso facto forfeited and Collector responsible for any damages suffered by City as result thereof. ·
911205 C1830-00002 av 1094511.3 (31 - 25 - Page 113 of 340

3.26 Annual Review of Performance and Quality of
Service.

3.26.l At City's sole option, commencing August
of 2000 and annually thereafter throughout the term of this Agreement, City may hold a public hearing to review Collector's performance and quality of service. The parties contemplate that the hearing be held during the period August 1 throuih December 31 of each year. Collector shall be p~es@Ht and sha I
participate at the hearing. The reports required by this Agreement shall be utilized as the basis for review. In addition, any customer may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered.

3.26.2 Within thirty (30) days after the
conclusion of the.public hearing, City shall issue a report regarding the adequacy of performance and quality of service. If any noncompliance with this Agreement is found, City may direct Collector to correct the inadequacies in accordance with Section

5.1. 3.26.3 Nothing in this Section 3.26 shall limit
the rights of City to enforce its rights pursuant to Article V, in the event of a default by Collector.

3.27 System and Services Review. In addition to the
Annual Review of Performance and Quality of Service pursuant to . Section 3.26, City shall have the right to invoke the System and.

Services Review procedures set forth in this Section 3. 27. __ - This review is designed to provide for technological, economic andregulatory changes in Solid.Wast~ collection and.recycling, to promote competition in the industry and to achieve a continuing, advanced Solid Waste and Recyclable Materials collection and recycling system.

3.27.1 At City's sole option, commencing August of 2000 and annually thereafter throughout the term of this Agreement, City may hold an annual public hearing to review collection and recycling systems and services. Subsequent System and Services Review hearings may be scheduled by City each year thereafter. It is City's inten.t to conduct any System and Services Review concurrently with any Annual Review·-of · ·· · ·· · · Performance and Quality of Service as provided for in Section

3.26. 3.27.2 Sixty (60) days after receiving notice
from City that City is exercising its rights under this Section

3.27, Collector shall submit a report to City indicating the following:
(a) Changes recommended to improve
) -~i_l;y' s abi~ity to meet the goals of the Act; and
fl1205 Clll0-00002 11Y 10t45ll.l ll, - 26 - Page 114 of 340 (b) Any specific plans for provision of ·
such new services by Collector, or a justification indicating why Collector believes that such services are not feasible for City.

3.27.3 Topics for discussion and review at the
System and Services Review hearing shall include, but shall not be limited to, services provided, customer complaints, rights of privacy, amendments to this Agreement, developments in the law, and new initiatives for meeting or exceeding the Act's goals and regulatory constraints.

3.27.4_ City and Collector may each select
additional topics for discussion at any System ·and Services Review hearing.

3.27.5 Not later than sixty (60) days after the
conclusion of each System and Services Review hearing, Collector shall issue a report. The report shall address services not being provided to City that are considered technically and economically feasible by City. City may require Collector to provide such services within a reasonable time, for reasonable compensation, in accordance with the provisions of Section 3.28.

3.28 Mandated Qperational Changes; Reopening of
Agreement.

3.28.1 City shall have the right to require
changes in collection or disposal methods and Collector shall comply therewith. If such changes result in increased or decreased costs to Collector, either Collector or City may request a rate review.:: Any changes in rates must be approved by City as provided by Article _IV of this Agreemeht •.. _

3.28.2 This Agreement was negotiated by the
parties for the purpose of implementing the requirements of the Act and the regulations of the CIWMB as they exist on the date of this Agreement, using the technology currently available. In addition to City's rights under Section 3.28.1, should the provisions of the Act or other state or federal laws or regulations or court decisions change, or should the technology for Solid Waste and Recyclable Materials handling services change, such that implementation of the Solid Waste and Recyclable Materials handling services contemplated by this Agreement is no longer desirable or feasible or both, Collector shall negotiate_ in good faith with City to implement-a new program, including any changes in rates.

3.28.3 The parties agree that the intent of
this Section 3.28 is to: (a) allow City to adjust its Solid Waste and Recyclable Materials collection program as technology and the applicable regulatory framework may change during the lengthy term of this Agreement; (b) authorize Collector to amortize any _ additional cost$ associated with any required or agreed upon changes; and (c) allow customers to receive the savings resulting ,1120s Cll30·000D2 gv 1094531,3 13) - 27 - Page 115 of 340 )
from any decreased costs associated with any required or agreed upon changes.

3.29 Street Sweeping. If requested by City,
Collector shall provide street sweeping services over all or.part of the area within the City, and/or collect and dispose of all street sweepings on an on-call basis, from a location designated by City. Collector's initial compensation for street sweeping services shall be established pursuant to Section 4.3.6 and subsequent changes in that compensation shall be established pursuant to Section 4.3.

3. 30 solid waste Ma·nagement Plan.

3.30.1 The parties acknowledge and agree that
the Act requires City to develop and implement a solid waste management plan wnich includes, among other components, a Source Reduction and Recycling Element ("SRRE") and a Household Hazardous Waste Element ("HHWE"). City's SRRE and IDIWE, as they now exist or may subsequently be amended, are incorporated herein by this reference. By executing this Agreement, Collector acknowledges receipt of a copy of the SRRE and JmWE.

3.30.2 Collector agrees to implement all
provisions of City's SRRE and HHWE, including any recycling programs, as directed by City (except for those programs that are not within the control of Collector), and as set forth in this Agreement, such that City shall achieve a diversion rate of SO_t by January 1, 2000, and any diversion rate which may subsequently be required by the Act or any successor statute. Collector's obligations hereunder shall include, .without limitation, the development, in .cooperation with··City, of public education and information programs relating to such policies and plans. The direct costs of implementing such programs shall be borne by Collector, subject to the provisions of Section 4.3.6 regarding rate adjustments for changes in service requirements.

3.30.3 Collector shall cooperate with City in
collecting and submitting such information and data as may be required for the further preparation and implementation of City's SRRE and ·HHWE, all at no cost or expense to City. Collector shall maintain and.monitor, on behalf.of City, .the City's SRRE and HHWE. Collector will be responsible.to prepare all reports that are required by the CIWMB. This could include an annual . waste sort of City waste required by the City's adopted Source Reduction and Recycling Element and Household Hazardous Waste Element. Pursuant to Section 3.13.2, all press releases, reports, or other documents prepared by Collector for release to the public, the CIWMB, or any other public agency, including but not limited to those relating to the Automated Collection system, or to City's SRRE, HHWE; and Diversion Rate, shall be subject to the prior review and approval of the City Manager.
11120~ CtllO•OOOD2 en, 1014531.3 (31 - 28 - Page 116 of 340

3.30.4 City agrees to cooperate in good faith
with Collector to facilitate Collector's compliance with these objectives. Such actions of City shall include but not be limited to the adoption and enforcement of reasonable ordinances and local regulations, including such as may reasonably be recommended by Collector, in order to ensure compliance by Residential Householders and by Commercial/industrial business owners with the policies and programs implemented by Collector.

City further agrees to reasonably cooperate with Collector in adopting and implementing local resource recovery and waste diversion programs, including those recommended by Collector, in order to ensure compliance with all Stat~ mandates.

ARTICLB IV

RATES, BILLING AND PAYMENT

4.1 Sale of Accessories. Except as expressly provided
herein, Collector shall not require customers to buy bags, cans, bins or other containers from Collector as a pre-condition for collection of Solid Waste or Recyclable Materials.

4.2 Rates. Collector is authorized to charge
reasonable rates in consideration of the services to be provided pursuant to this Agreement. The maximum rates in effect as of January 1, 1999 are set forth in Exhibit •s.• The Residential Rates set forth in Exhibit 11B11 shall apply irrespective of whether the customer is receiving manual or automated services.

Except as adjusted pursuant. _te> the provisions of Section 4. 3, the rates for Solid Waste ·and Recyclable Ma.terials collection shall not exceed the amounta .s~t. _forth in Exhibit·_ .•~s•_._ -- ___ _

4.3 Rate Adjustment

4.3.l Adjustment Procedur~. In addition to
being annually adjusted as provided in Section 4.3.3, Collector's rates shall also be subject to adjustments for inordinate cost increases as provided in Section 4.3.4, for tipping fees as provided in Section 4.3.5, and for changes in service
requirements as provided in Section 4.3.6. Collector may submit an application f.~r ~ate_review not more often than annually (no such application is required for the adjustment described in Section 4.3.3). A completed rate review application, in the format prescribed by the City Manager, shall be submitted not later than April 15 for the period starting the following July 1.

City will take action on the request as soon as possible and will complete the process by June 15, provided all required
information has been·submitted. ·

4.3.2 Limitations on Rate Increases.

Notwithstanding any other provision of this Agreement: (a) there . .shall be no increase ·of any kind in Residential ~ates that_ exceed the initial rate limitations set forth in Exhibit "B" until July ,,1,os C18Jo-00002 qv 1094S31.3 131 - 29 - Page 117 of 340 1, 2000; and (b) there shall be no increase of any kind in Commercial Rates that exceed the initial rate limitations set forth in Exhibit "B" until July 1, 1999.

4.3.3 Annual C.P.I, Adjustment. Commencing July
1, 1999 (except as set forth in Section 4.3.2), Collector may annually increase its rates by up to 90t of the percentage increase in the C.P.I. for the most recent 12-month period for which information is available from the U.S. Department of Labor.

Adjustment pursuant to this Section 4.3.3 shall not exceed five percent (St) per year. Any such increase in the C.P.I. shall be applied only to that portion of the rates which do not comprise tipping fees (see Section 4.3.7). Adjustment pursuant to this Section 4.3.3 shall not require an application pursuant to Section 4.3.1; however, any such adjustment shall not be effective unless preceded by sixty (60) days written notification to the City Manager and the Residential Householders, and, if affected, the Commercial/industrial customers.

4.3.4 Inordinate Cost Increase Adjustment.

Pursuant to the procedure set forth in Section 4.3.1 (and except as set forth in Section 4.3.2), Collector may apply for an increase in excess of the cap set forth in Section 4.3.3, for inordinate cos~ increases for certain component costs of collection. If a collection cost component is lOt or more of the total cost of collection and Collector shows the need for the requested inordinate cost rate increase by providing
documentation satisfactory to the City Council that a cqmponent of Collector's collection costs has increased by one hundred fifty percent ·..(.15-0-1') or more than. the perceptage increase in the - C.P.I. for the most recent· 12-month period-for -which--information:· is available from the· u~s~- Department of-Labor, then that portion of Collector's rate which that cost component represents may be increased by up to the percentage increase of the inordinate cost component. For example, as to this Section 4.3.4, if the fuel component is 1st of Collector's cost of collection and the cost of fuel increases in a particular year by 91, and the C.P.I. for that year increases by 4t, then the fuel cost component of Collector's rate may be increased by up to 9t and the remaining co~ponents (excluding tipping fees) of Collector's rate may be increased by up to 901 of the 41 increase in the C.P.I. for-that yea~.

Collector shall submit any and all data requested by
and in the format prescribed by the City Manager for any requested inordinate cost increase request. The Council shall consider the factors set forth above in determining whether to approve or deny the request. The decision of the City Council shall be final. The remedy of Collector in the event of adverse decision is to terminate it's obligations after thirty (30) days written notice to City. ••12oc ~1110-00002 av 109453a.3 (Jt - 30 - Page 118 of 340 )

4.3.5 Rate Adjustment for Tipping Fees.

4.3.5.1 Commencing July 1, 2000 (and
except as set forth in Section 4.3.2), Collector may annually adjust its Residential Rates upon aQ increase in tipping fees, and shall annually adjust its Residential Rates upon a decrease in tipping fees. Collector shall submit a request for a tipping fee increase of its rates, or notice of a tipping fee decrease, as part of its annual adjustment application pursuant to Section

4.3.1. Any such increase or decrease shall be effective on July

1. Any such rate adjustment for tipping fees shall be comprised of the percentage increase or decrease in the tipping fees, applied only to that portion of the rates which comprise tipping fees.

4.3.5.2 Collector may automatically
adjust its Commercial Rates upon an increase in tipping fees, and shall automatically adjust its Commercial Rates upon a decrease in tipping fees, upon giving 30 days written notice to City and all commercial/industrial business owners of such an increase or decrease. The notice to City must include documentation satisfactory to the City Manager of the increase or decrease in tipping fees. Collector shall be entitled to one increase in tipping fees per fiscal year, and any other request for increase due to tipping fee increase must first be reviewed for approval by the City Council.

4.3.6 Rate Adjustment From Changes in service
Requirements. Changes in Collector's rates which result from changes in service requirement.a may be adju.ste..d_ at_ the time that· the.service changes are implemented. Any rate adjustments resulting from changes in service requirements shall be-submitted in the format prescribed by the City Manager and will be approved concurrently with the approval of the implementation of any such service changes by the City Council.

4.3.7 Tipping Fees as Portion of Overall Rate.

For purposes of the rate adjustments authorized by Sections 4.3.3 and 4.3.5, the parties agree that tipping fees constitute 30t of the Residentia~ Rates, and sot of the Commercial Rates. Thus, for purposes of Section 4.3.3 (by way of example only), if the percentage increase in the C.P.I. is St, 70% of the Residential Rates may be increased by up to 4.5% (90% of St),. and 30t of the Residential Rates shall remain constant. For purposes of Section 4 • 3. 5_ (by way of. example only) , __ if the percentage increase in the tipping fees is lOt, 30\ of the Residential Rates may be increased by up to lOt, and 70t shall remain constant.

4.4 Billing.

4.4.1 On behalf of Collector, City shall bill
all Residential Premises serviced by Collector by placing the fees .. for. SQlid Waste· and Recyclable Mate·ria.ls collection on: the property tax rolls, through procedures established by the tax t81205 C1130-00002 gv 10t4538.3 (31 - 31 - Page 119 of 340 )
sessor for the County of Los Angeles. Collector shall prepare ,r caused to be prepared all information needed to place the fees and City's Utility Users Tax (Section 7-5.9 of the Municipa1 Code) on the property tax rolls, in the format required by the tax assessor for the County of Los Angeles. From the proceeds received from the County Tax Assessor, City shall be entitled to retain the following: (a) the Utility Users Tax; and (b) a sum equal to eight percent (St) of the proceeds collected for the Collector Fee described in Section 3.2.l. After deduction of the foregoing sums City shall remit the remaining proceeds to Collector no later than thirty (30) days after receipt of funds.

City shall have no obligation to pay any sums to Collector other than those City receives from the County Tax Assessor pursuant to this Section 4.4.1. City will have no liability to Collector for failure to collect any such sums.

4.4.2 Collector shall bill commercial/
industrial customers on a monthly basis. Collector shall include in all such bills City's Utility Users Tax (Section 7-S.9 of the Municipal Code), which Collector shall remit to City at the same time it remits·the Collector Fee. Customers may, on an
individual basis, request annual payment schedules, and Col1ector will work in good faith with individual customers to reasonably satisfy such requests.

4.4.3 Collector shall have the right to bill and
collect for its services in advance of the rendition of services hereunder, but shall refund any unused portion equal to two months or more of the amount collected in the event of
disruption, revision, or terminatioll" of the services; -or· when Residentia~ Premises are _vacant for.at-least a two month period and prior written notice of such vacancy has ·been •given ··to· -· Collector.

Collector shall maintain copies of the billings and
receipts, each in chronological order, for a period of three (3) years after the date of service for inspection by City.

Collector may, at its option, maintain those records in computer form, on microfiche, or in any other manner, provided that the records can be preserved and retrieved for inspection and verification in~ ti~ely manner. ·
The City Manager shall have .the right to request changes to the billing format to itemize certain appropriate charges or to otherwise reasonably clarify the billing. Collector will cooperate with City to revise its billing format as necessary to itemize appropriate charges from time to time.

4.4.4 Collector agrees that it shall neither
charge nor collect any sum or sums in excess of, or in addition to, the amounts specified in this Agreement for any Solid Waste or Recyclable Ma·terials collection services made pursuant to this . --- Agr..eement. ~ .Collector agree• tnat. City ,~ll be under. no obligation to collect or to enforce collection of any sums due fo tll2D5 CllJ0-00002 qv 10t4Sll.3 (31 - 32 -
)

)
collector for services rendered under this Agreement except as specifically provided in this Agreement or in the Ordinances and Resolutions of City. Collector hereby indemnifies, defends and holds harmless City from any and all liability for the payment of any sum or sums which may become due to Collector for the collection or removal of Solid Waste or Recyclable Materials under the terms of this Agreement.
4 .4 .5 ·Collector shall insert with any mailings
that employ envelopes, at Collector's expense, messages·related to Solid Waste management issues .. These messages shall include but are not limited to route maps, pick-up times, collection rules, holidays, recycling updates·, and similar information. The language of.any such messages shall be reviewed and approved by. the City Manager prior to their distribution. Collector shall insert with any mailings that employ envelopes, at City's expense for the incremental cost, mailers describing activities of City not related to Solid Waste management issues. Collector will provide to the City Manager an annual mailing schedule, and not less than sixty (60) days' written notice prior to the mailing date of any proposed mailing, to permit City to make appropriate arrangement for inclusion of City's materials. City Manager will provide Collector any City mail inserts at least five (5) working days prior to the mailing date.

4.5 Late Charges. Collector shall be entitled to
charge each customer late charges for the non-payment of any bill which is unpaid for a period of thirty (30) days from the last day of the month for which the services were rendered. Late charges cannot-be charged for the period of _time for which the services have not yet been rendered but may be assessed thirty (30) days following the rendering of such service, or thirty (30) days beyond the payment date of the billing, whichever is later.

Collector may not impose late charges in excess of the
maximum amount allowed by law on such billings, and may not in any event impose late charges in excess of $10.00 per quarter for eac~ Residential Premises nor more than ten percent for each · period of delinquency on Commercial/industrial Premises.

4.6 Delinguent Accounts. Collector shall make all
reasonable efforts to diligently pursue and collect all_ fees.and charges due Collector for rendering services .... ·111 ·1:he ___ event ·of . delinquency from Commercial/industrial Premises, Collector shall have the right to terminate service. Collector shall also notify ~he owner of the property of the amount of the delinquency, that 1~ the bill remains unpaid for an additional thirty (30) days it will be turned over to City, and of the possibility of tax lien collection.
981205 Cl830-00002 gv 1094531.3 (l) - 33 - Page 121 of 340 )

ARTICLE V

BREACH AND TERMINATION
S.l Default; Notic~.

5.1.1 All terms and specifications of this
Agreement are material and binding, and failure to perform any portion of the work described herein shall be considered a breach · of this Agreement. Subject to the extensions of time set forth in Section 7.8, and to the notice provisions of Section 5.1.2, . failure or delay by either party to perform any term or provision of this Agreement ·constitutes a default under this Agreement.

The party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence and during any period.of curing shall not be in default.

5.1.2 Except as set forth in Section S.4(g),
neither party may exercise any rights or remedies upon a default by the other party, unless and until such default continues for a period of thirty (30) days after written notice thereof from the non-defaulting party. Provided, however, that if the nature of the default is such that more than thirty (30) days are reasonably required for its cure. then the defaulting party shall not be deemed to be in default if it has commenced a cure within the 30-day period and thereafter diligently prosecutes such cure to completion within ninety (90) days after receipt of written notice thereof. The notice of default shall specify the default complained of by the injured party. [See Section 5. 3 .. 1.] ·

5.1.3 Delay in giving-• notice of .de.fault.:shall
not constitute a waiver of any default nor shall it change the time of default. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, nor deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies.

5.2 Institution of Legal Actions. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement, including but not .limited to injunctive relief, except that there shall be no right to terminate this Agreement except as set forth in Sections 1.4,

3.24.1, 4.3.4, and 5.4 of this Agreement. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by Collector, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach ·thereof.
- 34 -
l
I

5.3 Notice; Response; Resolution; Appeal.

5.3.1 Notice; Response. If the City Manager
determines that Collector's performance pursuant to this Agreement may not be in conformity with the provisions of this Agreement, the Act (including, but not limited to requirements for diversion, source reduction and recycling as to the waste stream subject to this Agreement), or any other applicable federal state or local law or regulation, including but not limited 1 to, the laws governing transfer, storage or disposal of Solid Waste or Hazardous Waste, the City Manager may advise Collector in writing of such suspected deficiencies, specifying the deficiency in reasonable detail (the •Notification of oe.ficiencies"}. The City Manager, in any Notification of Deficiencies, shall set a reasonable time within which Collector is to correct the deficiencies and respond. Unless the
circumstances necessitate correction and response within a shorter period of time, Collector shall correct the deficiencies to the satisfaction of the City Manager and respond to the Notification of Deficiencies within thirty {30) days from the effective date of the Notice pursuant to Section 1.2.3.

Collector may request additional time to correct deficiencies; City shall not unreasonably deny any such request. The parties understand and agree that the Notification of Deficiencies described in this Section 5.3.1 constitutes the •notice of default" required of City by Section 5.1.2.

5.3.2 Review by City Manager: Notice of Appeal.
(a) The City Manager shall review any
written response from Collector and decide the matter or refer the matter to the City council for consideration pursuant to - 5.2.3. If the City Manager's decision is adverse to Collector, the City Manager may order remedial actions to cure any deficiencies, or invoke any other remedy in accordance with this Agreement and, in the event the City Manager determines that there has been a material breach and that termination is the appropriate remedy, terminate this Agreement. The City Manager shall promptly inform Collector of the City Manager's decision.

In the.event the decision is adverse to Collector, the City Manager shall inform Collector, in writing, of the specific facts fo1;1nd and evidence rel_ied.on, and legal bas~s _in proyisions of this Agreement or other laws for the City Manager's decision and any remedial action taken or ordered. An adverse decision by the City Manager shall be final and binding on Collector unless Collector files a "Notice of Appeal" with the City Clerk (with copies to the City Manager and City _Attorney) within 30 days of receipt of the notification of the adverse decision by the City Manager.
(b} In any "Notice of Appeal" to the City
Council, Collector shall state all its actual contentions and ) include any relevant ·affidavits, documents, photographs and videotapes which Collector may choose to submit. In addition, 911205 ClBl0-00002 av 1094531.3 Ill - 35 - Page 123 of 340 Collector shall include all its legal contentions, citing provisions of this Agreement or other laws to support its contentions.

S.J.3 City Council Hearing. If a matter is
referred by the City Manager to the City Council, or an adverse decision of the City Manager is appealed to the City Council by Collector, the City Council will set the matter for a hearing and act on the matter. If the City Council elects to hear the matter, the City Clerk shall give Collector thirty (30) days written notice of the time and place of the hearing. At the hearing, the City Council shall consider the administrative record, inc1uding the following:
(a) A Staff Report by the City Manager, summarizing the p~oceedings to date and outlining the City Council's options; (b) The City Manager's written
Notification of Deficiencies;
(c) Collector's response to the
Notification of Deficiencies;
. Cd) The City Manager's written
notification to Collector of adverse decision;
(e) Collector's Notice of Appeal to the
City Clerk.

No new legal issues may be raised, or new evidence submitted by Collector at this or at any further point in the proceedings, absent a showing of good cause. Collector's representatives and other interested persons shall have a reasonable opportunity to ~ ~a~. .

5.3.4 City Council Determination. Based on the
administrative record, the Council shall determine by resolution whether the decision or order of the City Manager should be upheld. A tie vote of the City Council shall be regarded as upholding the decision of the City Manager. If, based upon the administrative record, the City Council determines that the performance of Collector is in breach of any term of th~s Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order Collector to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement. Except as set forth in Section 1.4, the City Council may not terminate this Agreement unless it determines that Collector is in material breach of a material term of this Agreement (including but not limited to the provisions of Section

5..:;:4) , .. or. any- ~terial provision .of any applicable federal, •t•te - 36 - Page 124 of 340
)
or local statute or regulation. The decision or order of the City Council shall be final and binding.

5.3.5 Continued Performance by Collector.

Collector's performance under this Agreement is not excused during the period of time prior to a final determination as to whether or not Collector's performance is in material breach of this Agreement, or the time set by City for Collector to discontinue a portion or all of its services pursuant to this Agreement.

5.4 Termination for Cause, City reserves the right to
terminate this Agreement in the event of any of the following:
(a) If Collector practices, or attempts to
practice, any fraud or deceit upon City, or practiced any fraud or deceit or made.any misrepresentations in the negotiations which preceded the execution of this Agreement;
(b) If Collector fails to provide or
maintain in full force and effect, the workers compensation or liability and indemnification coverages as required by this Agreement;
(c) If Collector violates any orders or
rulings of any regulatory body having jurisdiction relative to this Agreement, provided that Collector may contest any such orders or rulings by appropriate proceedings conducted.in good faith, in which case no breach of this Agreement shall be deemed to have occurred un~il a f.inal decision adverse to Collector is entered;
(d) If Collector ceases to provide
collection service as required under this Agreement over all or a substantial portion of the area within the City, for a period of seven (7) days or more, for any reason within the control of Collector;
(e) If Collector fails to make any
p~yments required under this Agreement;
. . ... _ -··. . ... C.~J -~Y ~t}ler act or omission which violates the terms, conditions or requirements of this Agreement and which is not corrected or remedied within the time set in the written notice of the default issued pursuant to Section s.1.2. written notices
any twelve (12)
act or·omission
within the time
(g) If Collector has received three (3)
of default issued pursuant to Section 5.1.2 in
month period, irrespective of whether or not the
set forth in the notice was corrected or remedied
set forth in the notice.
911205 Clll0-00002 av 1094531.3 Ill - 37 - Page 125 of 340

5.5 Liguidated Damages.
s.s.1 All time limits and acts required to be
done by this Agreement are essential elements of the Agreement.

Should Collector fail to perform or complete the work required to be done at the time set forth in this Agreement, it is mutually understood and agreed that the public will necessarily suffer damages and that such damages, from the nature of the default in performance will be extremely difficult and impractical to fix.

City finds, and Collector agrees, that as of the time of the execution of this Agreement, it is impractical, if not
irapos~ible, to reasonably ascertain the extent of damages which will be incurred by City as a result of a material breach by Collector of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limit~d to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits of this Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) services might be available at substantially lower costs than alternative services, and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate _in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches.: · ---

5. S. 2 Accordingly, the City Council may, in-its
discretion, assess liquidated damages not to exceed the sum of Three Thousand Dollars ($3,000.00) per day, for each calendar day -that service is not provided by Collector in accordance with this Agreement. Also, the City Manager or City Council may assess liquidated damages as set forth in Section 3.19.5.

5.5.3 The actual cost of investigation by the
City Manager of any failure or violation may be assessed in addition to the above schedule of liquidated damages, computed at the then current rate per hour of staff time plus any direct costs. If City equipment-is used to pick· up misses or·respond to complaints, all direct costs plus staff time (including overhead) shall be charged to Collector. · ·

5.5.4 City finds, and Collector acknowledges and
agrees, that the above-described liquidated damages provisions represent a reasonable sum in light of all of the circumstances.

These liquidated damages sums shall be applicable to each calendar day of delay during which Collector has been found by th~ City Council or Ci·ty Manager (as the case may be) to be in · breach ·cf this-Agreement. The amount of the liquidated damages shall be increased by the past year.'s annual percentage December- - 38 - Page 126 of 340
)
)
to-December change in the C.P.I., on each anniversary of this Agreement. If the City Council or City Manager, as the case may be, assess such liquidated damages, the City Manager shall so notify Collector in writing and send a copy of the notice to the City Finance Manager. The City Finance Manager shall thereupon deduct the amount of such liquidated damages from any payment which is due to Collector or which thereafter becomes due.

Collector shall have the right to appeal the City Manager's determination pursuant to the procedures set forth in Section 5.3 for appeal of a decision of the City Manager regarding a notice of default. Any such appeal must be made within ten (10) days after the City Manager has notified Collector of his/her determination to levy liquidated damages.

5.6 Cumulative Rights. City's rights to terminate
this Agreement or to impose liquidated damages are in addition to any other rights of City upon a failure of Collector to perform its obligations under this Agreement.

5.7 City's Additional Remedies. In addition to the
remedies set forth above, if Collector refuses or is unable (including but not limited to for the reasons set forth in Section 7.8) for a period of more than seventy-two (72) hours, to collect, transport and dispose of any or a·ll of the Solid Waste and Recyclable Materials which it is obligated under this Agreement to collect, transport and dispose of and if, as a result thereof, Solid Waste and Recyclable Materials accumulate in City to such an extent, in such a manner, or fo~ such a time that the city Manager finds that such accumulation endangers or menaces the public health, safety or welfare,· then City shall . have the following rights:
(a) The right to license or contract with others
to perform the services otherwise to be performed by Collector hereunder, or to perform such services itself, and to charge Collector for all costs incurred by City as a result thereof; and ·cb) The right, upon twenty-four (24) hours prior written notice to Collector, to temporarily take possession of any or all equipment and facilities of Collector previously used in the·collection, transportation or disposal of Solid Waste or Recyclable Materials under this Agreement, and to use such equipment and facilities to collect and transport the accumulated Solid Waste and Recyclable Materials. City agrees that, in such event, it assumes complete responsibility for the proper and normal use of such equipment and facilities and that it shall immediately relinquish possession to Collector upon receipt of written notice from Collector to the effect that it is able to resume its normal responsibilities under this Agreement. Collector agrees that in such event it will fully cooperate with City to effect such a transfer of possession for City's use, and that City may take temporary possession of and use of the equipment and·facilitte$, incluC,.irig but not limited to Collector's route books and other information or: documents needed tll205 Clll0•00002 gv 10,4Sll,l (JI - 39 - Page 127 of 340 to provide services pursuant to this Section 5.7, without paying Collector any rental or other charge. In the case of equipment not owned by Collector, Collector shall assign to City, to the extent Collector is permitted to do so under the instruments pursuant to which Collector possesses such equipment, the right to possess the equipment. Consistent with this provision, Collector agrees to use its best efforts to obtain in the instruments pursuant to which Collector possesses such equipment, provisions which authorize City to possess such equipment pursuant to this provision.

ARTICLE VI

ASSIGNMENT

6.1 Assignment of Agreement. Collector shall not
assign, sell, subcontract or otherwise delegate authority to perform any portion of this Agreement without the prior express written approval of City. In the event of any assignment duly authorized by City, the assignee shall assume the liability of Collector.

6.2 Transfer of Stock or Interest. No sale, gift, or
transfer of stock or other interest of Collector which would result in a change in Control of Collector (including, for purposes of this Section 6.2, a change in Control of Republic Services, Inc.) shall be made without prior written approval of the City Council. Violation of this provision shall be a breach of this Agreement -and grounds for termination by City ·without the 30 day notification requirement of Section 5.1.

6.3 Bankruptcy. If Collector shall at any time during
the term of this Agreement become insolvent, or if proceedings in bankruptcy shall be instituted by or against Collector, or if Collector shall be adjudged bankrupt or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of Collector shall be appointed in any suit or proceeding brought by or against Collector, or if Collector shall make an assignment for the benefit of creditors, then and in each and every such case, this Agreement shall immediately cease, terminate, and be canceled upon written notice by City and without the necessity of suit or other proceeding.

6.4 Eligibility for Assignment or Transfer. Collector
acknowledges that it was eligible to be awarded this Agreement because Collector meets certain criteria. Collector agrees and acknowledges that City will not approve an assignment or transfer of ownership to a company failing to meet the same criteria, which are listed below:

6.4.1 The firm must already be providing service
within the surrounding geographical area .. The firm must have an excellent record of performance within its service areas. 981205 Clll0-00002 av 1094531.l Ill - 40 - Page 128 of 340 )

6.4.2 The firm shall be large enough and have
sufficient resources and up-t-o-date equipment to handle the work and meet the requirements of City.

ARTICLB VII

MISCBLLANEOUS

7.1 Independent Contractor. Collector and the agents and employees of Collector in the performance of this Agreement shall act in an independent capacity and not as officers or employees or agents of City.

7.2 construction.
the context may r~quire, the
vice versa and the masculine
neuter and vice versa.

As used in this Agreement, and as
singular includes the plural and
gender includes the feminine and

7.3 Calendar Days; Working Days. All references in
this Agreement to a number of days in which either party shall have to consent, approve or perform shall mean calendar days unless specifically stated to be "working• days. All references in this Agreement to "working• days shall mean days on which Cudahy City Hall is open for business.

7.4 Severability. If any part of this Agreement is
invalid, the remaining terms and conditions shall not be affected unless their enforcement under the circumstances would be unreasonable, inequitable or otherwise frustrate the purposes of this Agreement. - -·

7.5 Captions and References. The captions of the
sections and subsections of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and the interpretation of this Agreement.

References herein to a section or subsection are to the sections and subsections of this Agreement.

7.6 Time of the Essence. Time is of the essence with
respect to this Agreement and each and every term and condition hereof.

7.7 No Oral Modifications. This Agreement supersedes all prior proposals, agreements and understandings.between the parties and may not be changed or terminated orally, and no change or termination of, or attempt to waive, any of the provisions hereof shall be binding unless in writing and signed by the parties against whom the same is sought to be enforced.

7.8 Force Majeure. Collector shall not be in default
under this Agreement in the.event that the collection,
transportation.and./or· dispoi:ial services·· are ·temporarily. interrupted for any of the following reasons: work stoppage; 911205 Cll30-00002 qv 1094531.3 131 - 41 - Page 129 of 340 riots; war or national emergency declared by the President or Congress and affecting the City of CUdahy; civil disturbance; explosion; natural disasters such as floods, earthquakes, landslides and fires; or other catastrophic events which are beyond the reasonable control of Collector; provided, however, that Collector notify City in writing of the nature of the matter constituting the enforced delay within ten (10) days after the occurrence of the enforced delay. •other catastrophic events• does not include the financial inability of Collector to perform or failure of Collector to obtain anY. necessary permits or . licenses from other governmental agencies or the right to use the facilities of any public agency, even where such failure occurs despite the exercise of reasonable diligence by Collector.

Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of time reasonable in light of the enforced delay and shall commence to run from the time of the commencement of the cause.
7~~ Pro.perty Damage. Normal wear and tear from
general vehicular traffic excepted, Collector shall be
responsible for damage to streets, roads and ways in the City or any public property in the City, whether or not paved, resulting from the operation of Collector's vehicles providing Solid Waste and Recyclable Materials collection services within the City.

Any physical damage caused by the negligent or willful acts or omissions of employees of Collector to streets, roads and ways in the City or any public property in the City shall be repaired or replaced by Collector, at ~ollector's sole expense.

7.10 Law to Govern; Venue. The law of the State of
California shall govern this Agreement. In the event of· litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court exclusive venue shall lie in the C~ntral District of California.

1.11 Fees and Gratuities. Neither Collector nor any of
its officers, agents or employees, shall request, solicit, demand or accept, either directly or indirectly, any compensation or gratuity other than as set forth in this Agreement for the collection of Solid Waste and Recyclable Materials otherwise required to be collected under this Agreement. . . .

7.12 Attorney's Fees. In the event that either party
to this Agreement shall commence ~ny legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including actual attorney's fees and costs, including costs of expert witnesses and consultants, discovery costs, and costs on appeal.

7.13 Amendments. No amendment of this Agreement shall
) ~ v~l.id µ1,11••-•--in_.wr.iting duly e~ecuted by _the parties ... 1205 C1130·00002 gv 1094531.3 (3) - 42 - Page 130 of 340 )

7.14 Joint Drafting. Each party has cooperated in the
drafting and preparation of this Agreement with the aid of legal counsel. Hence, in any construction to be made in this Agreement, it shall not be construed against either party.

7.15 Execution in Counterparts. This Agreement may be
executed in counterparts and, when each party has signed and delivered at least one such counterparts, each counterpart shall be deemed an original and all counterparts taken together shall constitute one and the agreement.

Executed the date and year hereinabove stated.

Date:

Date:

ATTEST:

APPROVED AS TO FORM:

Mi!tiltlU::

City Attorney
911205 C1830·00002 gv 1094538.3 131
Consolidated Disposal Service,
L.L.C., a Delaware limited
liability company
Byc::L~ Dave Ault
Executive Director/
Franchise Administration;
Vice President
CITY Of CUDAHY, a California . . n
- 43 - Page 131 of 340
)

EXHIBIT B

MAXIMUM INITIAL RA TES

RESIDENTIAL MONTHLY BASE RATE

SPECIAL RESIDENTIAL SERVICES

ADDITIONAL AUTOMATED SOLID WASTE CONTAINER
TEMPORARY THREE (3) YARD RESIDENTIAL BIN
DEL~ERY, ONB WEEK RENTAL & ONE "DUMP"

CHARGE FOR EACH ADDITIONAL DUMP

SPECIAL BULKY-ITEM CURBSIDE COLLECTION

THREE OR LESS ITEMS AT CURBSIDE

FOUR TO TEN ITEMS AT CURBSIDE
TEMPORARY 40 YARD ROLL-OFF CONTAINER

TEMPORARY IS YARD DEMOLITION CONTAINER
COMMERCIAL RATF.S
THREE (3) YARD COMMERCIAL BIN
1 X SERVICE PER WEEK
2 X SERVICE PER WEEK
3 X SERVICE PER WEEK
4 X SERVICE PER WEEK

S X SERVICE PER WEEK
6 X SERVICE PER WEEK
PERMANENT 40 YARD ROLL-OFF CONTAINER

PERMANENT COMPACTOR CONTAINER
TEMPORARY 40 YARD ROLL-OFF CONTAINER

TEMPORARY IS YARD DEMOLITION CONTAINER
911201 C18l0·00002 'I" 1094Sll.3 (ll
S11.35
$4.SO
$60.00
$20.00
$35.00
$50.00
$315.00
$340.00
$89.SS
$136.59
$183.64
$230.68
$277.73
S324.77
$297.00
$374.00
$315.00
$340.00
. .... ·--~~-- ---- .... . . .. ,. - ... -·----·---•--·-·--· .

EXHIBIT IIB"

NOTICE TO TERMINATE
13

EXHIBIT IIC" COLLECTOR SB 1383 PROPOSAL
T

SB1383 Compliance
RSG Proposal for SB1383 Amendment
Implementation and Compliance
July 18, 2024

RSG Proposal for SB1383
Amendment Implementation
and Compliance
Competition Sensitive Page i
Table of Contents
Executive Summary....................................................................................................1 Customer Care .......................................................................................................1 Our Values .............................................................................................................1 Local Leadership with National Support......................................................................3 Sustainability .........................................................................................................4 Safety ................................................................................................................4 Talent ................................................................................................................5 Climate Leadership ..............................................................................................5 Communities.......................................................................................................5 Sustainability as a Platform for Growth ......................................................................5 Renewable Energy ...............................................................................................5 Polymer Centers/Blue Polymer ..............................................................................6 Environmental Services ........................................................................................7 Public Education and Outreach.....................................................................................8 Website .................................................................................................................8 Republic Services App .............................................................................................8 Reference Guides & Collateral...................................................................................8 Welcome Packet .....................................................................................................9 Annual Education Updates........................................................................................9 Oops Tags..............................................................................................................9 Presentations to Schools and Other Community Organizations......................................9 Creating Sustainability Focused Generations ...........................................................9 Public Events........................................................................................................11 Curbing Contamination ..........................................................................................11 Pricing Proposal .......................................................................................................12 Recommendation to Proceed .....................................................................................12

SB1383 Compliance
RSG Proposal for SB1383
Amendment Implementation
and Compliance
Competition Sensitive Page 1
Executive Summary
Republic Services is the national leader
in environmental services. We currently
partner with more than 2,000
municipalities to deliver essential
services while making meaningful
progress toward your climate action
plans.

Customer Care
Republic Services is so much more than a
traditional hauler of municipal recycling and
waste. By offering differentiated products,
services and experiences to meet our
customers’ wants and needs, we drive
customer loyalty and satisfaction. We
continue to invest in and enhance our
customer-facing technology. We also use
our RISE platform for visibility into our
dispatch and collection operations. This
technology equips our dispatchers with realtime routing information and enhanced data visualization tools. RISE has significantly
increased connectivity with our customers,
offering them the ability to “Track My Truck”
— which further improves productivity and
transforms our overall operations.

We know our customers care about
recycling, and they have demonstrated a
willingness to pay for it. We work with our
municipal partners in transforming recycling
into a more durable, economically
sustainable business model. Recycling is
essential to our sustainability platform, and
we continue to invest in it for the long term.

Most evident is our innovation and
investment to develop the nation’s first
polymer and Blue Polymer centers, which
deliver the production-quality plastic
polymers and olefins to enable true plastic
circularity, with capacity to cover all of our
operations in North America.

Our Values
Republic Services is your low-risk,
best value partner
▪ 30 years continuously serving Cudahy,
CA
▪ Customer-centric ‒ 94% customer
retention
▪ Safer ‒ 33% better safety performance
than industry average over the last
decade
▪ Environmental Responsibility ‒ #15 on
Barron’s 2023 100 Most Sustainable
Companies
▪ The country’s second largest collector of
plastics
Figure 1. Your Low-Risk, Best Value Partner. Republic Services is proud to lead the industry in many key factors that make us a preferred partner for municipal recycling and waste services.

Strengths of our Company Benefits to Municipality

99.9% pickup reliability rate Happy community; fewer calls to city hall 33% better safety performance than industry
average over the last decade
Fewer incidents; safer community streets for
children at play
Simple solutions for your community
recycling and waste needs
Easy access to solutions for the growing
number of waste streams
Recognized as #15 on the 2023 Barron’s list
of 100 Most Sustainable Companies
Peace of mind that your partner is a global
leader in sustainable initiatives
Most advanced, integrated Customer
Resource Centers in the industry
Hundreds of trained agents networked
together nationwide, organized in pods that
focus on your market
Web- and smartphone-based app for easy
access by community residents to relevant
information
Stronger communications and easier alert
and news dissemination
Robust community education and outreach Communities educated on recycling produce less contamination and greater diversion

SB1383 Compliance
RSG Proposal for SB1383
Amendment Implementation
and Compliance
Competition Sensitive Page 2
Our company culture is anchored in five core
values that guide us as we serve our
customers every day.
▪ Safe – We protect the livelihoods of our
colleagues and our communities.
▪ Committed to Serve – We go above
and beyond to exceed our customers’
expectations.
▪ Environmentally Responsible – We
take action to improve our environment.
▪ Driven – We deliver results the right
way.
▪ Human-Centered – We respect the
dignity and unique potential of every
person.

By adhering to these core values, and
constantly striving to improve on them, we
deliver superior service and lead the
industry as the most sustainable partner for
municipalities.

Figure 2. Five core values guide us as we serve our customers every day.

SB1383 Compliance
RSG Proposal for SB1383
Amendment Implementation
and Compliance
Competition Sensitive Page 3
Local Leadership with National
Support
Our local team is vital to the continued
successful delivery of this contract and its
daily operations. This team’s unique
combination of experience ensures quality
service for the duration of the contract. Our
local and area management teams have
extensive experience operating and
managing waste companies, and they have
longevity in the region. Because of this, we
are proactive in anticipating customers’
needs and adjusting to market changes. We
also implement best practices to continue
improving our operations and customer
service.

General Manager- Jason Bond
Operations Manager- Amias Callender
Maintainace Manager- Robert Deiro
Municipal Manager- Jorge Herrera Avila
Municipal Supervisor- Ruben Martinez
While our local business operation teams are
fully empowered and accountable for
delivering on our commitments, they are
also backed by the support and breadth of
our area and corporate leadership teams.

Together these teams are capable of
amassing expertise and support to respond
to any challenge, even during times of crisis
such as COVID-19 and natural disasters. In
times like this, our area and corporate
teams activate to ensure our people are safe
and assets are operational so we can quickly
return to normal operations. This is a
considerable benefit and risk mitigation to
Cudahy, CA that many other providers in
the industry are unable match.

Figure 3. Local team with a national network. Republic Services delivers essential services and Emergency Response across North America.

SB1383 Compliance
RSG Proposal for SB1383
Amendment Implementation
and Compliance
Competition Sensitive Page 4
Sustainability
The breadth and scope of our sustainability
platform is earning noteworthy recognition.

Our safety program leads the industry. Our
fleet is reducing its carbon impact. And our
landfills generate renewable energy.

We are Sustainability in Action™. We are
guardians of our environment and shoulder
the responsibility of protecting it. We lead
by example, working diligently to decrease
our vehicle emissions, create innovative
landfill technologies, generate and use
renewable energy, and cultivate community
engagement and employee growth
opportunities. We are privileged to serve
millions of customers nationwide.

Republic Services’ multifaceted sustainability
platform revolves around four elements:

Safety, Talent, Climate Leadership and
Communities. These elements form the
foundation of our 2030 Sustainability Goals.

Safety
We prioritize safety above all else. When
people feel safe, they can fully participate in
the daily opportunities available to them.

Republic Services has a consistently low
occurrence of incidents and accidents. We’re
known for our strict focus on safety and
corresponding best-in-industry, multifaceted and well-organized safety program.

We have a 33% better safety performance
than the industry average for the last 10
years based on OSHA recordable data.

Employees, the public and rate payers all
benefit from our dedication to safety. We
have been and will continue striving to be
the safest waste services company in North
America.

Figure 4. Our 2030 Sustainability Goals encompass Safety, Talent, Communities and Climate Leadership.

SB1383 Compliance
RSG Proposal for SB1383
Amendment Implementation
and Compliance
Competition Sensitive Page 5
Talent
Engaged employees are the greatest
indicator of our success. We provide ongoing
job training, growth and development
opportunities for our employees at every
level. We are invested in them and look for
meaningful ways to demonstrate our
appreciation for the hard work and
dedication they show every day. Our
inclusion and diversity efforts help to ensure
everyone can bring their best selves to work
each day.

Republic Services’ local offices are staffed
with a team of nearly 200 professionals who
take personal responsibility for serving
customers with care. We are an industry
leader with a national network, decades of
experience, diversified capabilities and
expertise serving clients of all sizes —
including, proudly, Cudahy, CA.

Climate Leadership
In 2017, Republic Services announced its
Sustainability Platform, and from it, our
2030 Sustainability Goals were born. These
ambitious goals help us do best by our
environment, keep us accountable to
responsible disposal and benchmark our
successes.

Communities
We are dedicated to being a good neighbor
in the communities where we live and work.

This includes investing in customer
engagement, philanthropic giving,
volunteerism, environmentally responsible
infrastructure, and operating in our markets
at the highest standards.

Republic Services’ community engagement
plan is based on the needs of communitybased organizations and civic and business entities in Cudahy, CA. We have a track
record of giving to and spending in Cudahy,
CA.

Sustainability as a Platform
for Growth
Our sustainability efforts include major
investments in our planet’s future. We
actively innovate and drive the industry in
new directions, which will ultimately
transform the ways in which recyclable
materials achieve circularity. We are also
dramatically reducing emissions attributed
to landfills and fleet vehicles. Four relevant
examples of our effort and leadership are
outlined below and directly relate to our
third-party recognition and awards.

Renewable Energy
Our landfills safely and responsibly handle
our customers’ waste. These sites also
provide a lesser-known benefit: renewable
energy production.

When organic waste breaks down in a
landfill, the natural process creates biogas,
which largely consists of methane. We
capture this gas though collection systems
and, for many years, have utilized it to
generate energy. Our legacy landfill gas-toenergy (LFGTE) projects produce electricity for the public utility grid.

Today, demand for renewable energy is
driven by efforts to decarbonize and reduce
emissions, so our focus has shifted to
producing renewable natural gas (RNG).

RNG can be used for a variety of
applications to displace conventional gas
from fossil fuels. As a transportation fuel,
RNG can reduce emissions up to 70%, which
has made it highly valued in the
marketplace.

To help meet this rapidly growing demand,
we recently announced a joint venture with
bp to develop 40 landfill RNG projects across
the U.S. This venture is the nation’s largest
RNG portfolio build-out to date, offering
both environmental and economic
sustainability.

Once fully operational, these projects are
expected to generate approximately 12.5
million MMBtu of RNG annually — equivalent
to the average annual natural gas usage of
nearly 200,000 residential customers in the
United States. We are already engaged in 68
LFGTE projects around the country, and
these additional deployments give us scale
to make a significant, direct climate impact.

Once all 40 projects are operational in 2027,
we anticipate capturing and beneficially
reusing 70% of our total landfill gas and
making significant progress toward our
Renewable Energy goal.

SB1383 Compliance
RSG Proposal for SB1383
Amendment Implementation
and Compliance
Competition Sensitive Page 6
Polymer Centers/Blue Polymer
Plastics circularity has traditionally been a
challenge in the recycling industry. While
many people do their best to recycle, the
lifecycle potential of different recycled
materials is not broadly understood. While
an aluminum can is generally recycled back
into a new can, a water bottle or detergent
jug is more likely to be remade into
products such as textiles, carpet or
construction pipe instead of a new bottle or
jug. These “downcycled” products have few
options for further recycling, so their
lifecycle tends to be finite — not circular.

But demand is growing for recycled plastics
that can be reused in consumer packaging,
and the current supply is not keeping up.

Republic Services wants to keep plastic
packaging in the circular economy.

We have an innovative solution: the
Republic Services Polymer Center, the
nation’s first integrated plastics recycling
facility. The facility is designed to directly
address increasing demand from consumer
brands and packaging manufacturers for
recycled plastic, driving value for recovered
resins and enabling greater circularity.

Our first Polymer Center in Las Vegas
processes plastics from Republic Services’
recycling facilities. More centers are
planned.

Republic Services has entered into a joint
venture with Ravago, a leader in polymer
recycling and distribution, to create Blue
Polymers, a partnership to advance
circularity in the plastics industry. The new
facilities will utilize recycled polyethylene
and polypropylene from Republic Services’
Polymer Centers to create high-quality,
recycled resin for consumer packaging and
other applications. The process will convert
high-density polyethylene and polypropylene
into fully formulated products for use in both
food-grade and non-food-grade sustainable
applications.

Figure 5. Recognition supports our approach. Engaged employees and leadership make Republic Services an employer of choice.

SB1383 Compliance
RSG Proposal for SB1383
Amendment Implementation
and Compliance
Competition Sensitive Page 7
Environmental Services
In May 2022, Republic Services acquired US
Ecology, a leading provider of environmental
solutions offering treatment, recycling and
disposal of hazardous, non-hazardous and
special waste.

This acquisition allows us to provide
customers with the most complete set of
environmental services in the industry.

US Ecology adds a national platform of
difficult-to-replicate assets and talent to
Republic Services, including: nine specialty
waste landfills with five hazardous waste
landfills; 16 RCRA-permitted treatment,
storage and disposal facilities (TSDFs);
seven wastewater treatment facilities; and
more than 100 environmental services field
locations.

Customers with multiple recycling and waste
service needs value the ability to consolidate
services with a single partner that has a
successful track record of safety, compliance
and environmental responsibility.

These important new service capabilities
mean we can now safely and responsibly
manage more of the non-standard waste
collection and processing tasks that are
critical to all municipalities across the
country. Residential customers can enjoy
drop-off or collection programs for
household hazardous waste, electronics,
universal waste or medical sharps.

Commercial and industrial customers can
now expand their collection program to
include vacuum cleanout services, collection
of oils or solvents, or other unique materials
that come from the business or
manufacturing process.

Lastly, municipalities can now enjoy a single
partner that supports cleanups of
abandoned waste, homeless encampments
and drug labs seized by police, as well as
emergency response to spills, remediation
or natural disasters.

For example, the Republic Services team
was at the forefront of cleanup efforts after
an oil spill off Southern California’s coast in
October 2021. A third party’s pipeline had
ruptured, resulting in more than 125,000
gallons of crude oil washing ashore. When
called into service, we quickly mobilized 250
people who supported recovery efforts
including the collection, transport and
disposal of oil-soaked waste.

Figure 6. Emergency Response Services
– We were at the forefront of cleanup efforts
after an oil spill off Southern California’s
coast in October 2021.

SB1383 Compliance
RSG Proposal for SB1383
Amendment Implementation
and Compliance
Competition Sensitive Page 8
Public Education and
Outreach
Public education is critical to
maintaining an efficient and costeffective program for environmental services in your community.

The goal of Republic Services’ public
education and outreach program is to
educate residents on industry trends and
best practices, and the specific programs in
your contract. We do this by engaging
community groups and business
associations, to educate residents and
businesses about the key elements of the
program, including relevant program
changes, and highlighting customer service,
cost, environmental benefits and state
requirements.

Website
The Republic Services website is designed to
be a one-stop resource for current and
potential customers. They will find news
updates, collection information and
educational tools. The educational program
provides in-depth information for both
residential and commercial customers, and
the programs are downloadable and can be
used for outreach and environmental
initiatives.

RepublicServices.com provides in-depth
content specific to residential and
commercial needs. If the customer is
directly billed by Republic Services, they can
also inquire into billing-related questions or
even view and securely pay their bill.

Residential customers will also find
resources for recycling and environmental
needs.

Business pages allow users to login and
view/pay their bills, view billing history, and
schedule pickups. Commercial users will also
find resources on how to responsibly dispose
of electronics waste, hazardous household
material, and other environmentally harmful
materials.

On the main page of RepublicServices.com,
visitors will be able to view a video clip of
recycling education that features our “closed
loop” recycling collection program. This
video can easily be edited to focus on any
new initiatives agreed upon with Cudahy,
CA. Additionally, residents can view a video
on our new Plastics Polymer center featuring
our innovative techniques for creating
plastics circularity.

Republic Services App
Our application for mobile devices can be
used to schedule a pick-up, report a missed
pick-up, receive service notifications, search
additional products and services, and much
more. It can be easily downloaded from the
App Store for Apple users or for Android
users from Google Play.

Reference Guides & Collateral
As part of the initial program
implementation our ongoing education
We develop and maintain a library of
public education programs and
materials that our municipalities can
leverage to drive awareness
▪ Instant access to information via
website and the Republic Services app
▪ Facility tours
▪ School education and take-home
materials
▪ Videos and public service
announcements
▪ Community newsletters
Figure 7. Republic Services’ Website.

RepublicServices.com is a one-stop resource.

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efforts, we provide the following materials to
ensure that residents are fully aware of the
services provided by Republic Services and
how to properly use these services.

Welcome Packet
At the commencement of service, Republic
Services will provide an initial information
packet to residents. This packet will contain
information on the services offered and
proper preparation procedures. In addition,
the packet will contain information on
additional services and products offered by
Republic Services as well as a collection day
reminder for their specific location. This
packet will also be made available to new
residents that move into Cudahy, CA.

Annual Education Updates
Republic Services will mail each household
an annual reference guide for collection
services. This reference guide will contain
information on collection services as well as
any updates for acceptable or unacceptable
materials. The reference guide will also
contain information on new products and
services available to residents.

Oops Tags
Oops tags are our first line of education for
residents that have placed unacceptable
items at the curb for collection. Drivers and
route supervisors will leave an oops tag with
the resident if a material cannot be picked
up. Oops tags will provide the reason why
the item was not picked up as well as a
phone number to call for further follow up
information.

Presentations to Schools and
Other Community
Organizations
Republic Services is a well-known friend,
supporter and partner to local schools in
Cudahy, CA. We believe that providing an
environmental education to students will
build a foundation and an appreciation to
preserving and protecting the planet.

Students, in turn, bring this knowledge back
to their families and become catalysts for
promoting sustainable habits at home.

Republic Services provides teachers, staff
and students with training on proper
diversion and disposal practices. We place
significant emphasis on the importance of
recycling as it diverts reusable materials
from being disposed in and allows for a
longer lifespan for local landfills.

We provide education on all aspects of
environmental stewardship including trash,
electricity, water, paper, chemical, and
emissions reductions. Our goal is to
empower students to utilize what they have
learned in their school communities about
environmental sustainability to make a
global impact.

Creating Sustainability Focused
Generations
In order to teach and influence the future
generations in our municipalities, Republic
Services will engage school administrators,
faculty, staff and students in efforts to drive
public education in the scholls. Once
enrolled, the entire school community will
Figure 8. Online Options. About 2.6 customers
use Republic Services online and app-based
solutions to instantly access important
information on services.

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receive specialized education based on that
group’s role in promoting recycling.

Republic Services will include the following
elements when addressing the education
and training needs of each community
member:

1.) Communication and Feedback
Republic Services will communicate the
availability of educational resources to each
school’s administrators through a variety of
outlets prior to the opening of school each
fall. In addition, a recycling representative
will follow up and respond to school/teacher
requests for educational materials,
resources, and presentations throughout the
year.

2.) Logistical Training
Republic Services will meet with
administrators, faculty, facilities personnel,
and parents (through PTA meetings and
other means) initially, and as needed, to
establish and provide training on internal
materials capture systems. We will provide
educational curriculum and program how-to
information in a fun format, such as
storytelling, recycling relays, competitions,
waste audits and videos. Educational
curriculum, activities and presentations are
geared toward grade level/age groups.

3.) Recycling Champions
Republic Services will work with all schools
within the district to identify a recycling
champion within each school who will act as
the school’s recycling coordinator. This
coordinator will monitor faculty, staff and
administrators for optimal, proper recycling
program participation, knowledge, and
utilization of educational resources provided
by Republic Services and other sources.

They will also communicate recycling
program results to students and staff.

4.) District Recycling Committee
Republic Services proposes that the school
district recycling committee be comprised of
the identified recycling champions named in
item 3 above and headed by a district
administrator and a Republic Services
recycling representative. The recycling
committee will meet according to need and
district preference until recycling programs
are functional in all schools.

5.) Recycling Education
All educational materials will be provided in
the primary languages represented in the
student body of the district and can be
found at RecyclingSimplified.com
Republic Services involvement with local
schools goes beyond how we can help with
environmental education; we also believe in
supporting students at all levels. For
example, we provide educational and safety
programs at local schools featuring
characters such as Recycling Rosie, Garbage
Gus and Driver Mike.

The presentation is interactive and features
information on how to recycle and teaches
children how to be safe around collection
vehicles. Children receive a complimentary
coloring book that reinforces the safety
message. At the end of the presentation,
children are escorted out to the parking lot,
where a Republic Services truck and driver
are on hand so that children can sit in the
cab, view the controls, and ask the driver
questions.

Republic Services also encourages an annual
recycling contest among local elementary
schools. Each school is challenged to reduce
waste, recycle more, and separate their food
scraps for composting. Schools will compete
for the greatest year-over-year diversion
results (measured Fall through early
Figure 9. Engaging kids through schools. We
believe that providing an environmental
education to students will build a foundation and
an appreciation to preserving and
protecting the planet.

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Spring). The winning school is rewarded
with an all-expenses paid recycling fair that
will feature multiple activity stations
including recycled art projects, an
opportunity to view the inside of a recycling
collection truck, and products made from
recycled materials.

In addition to providing a unique and
comprehensive school outreach program,
Republic Services plans to reach out to
various community organizations such as
the Chamber of Commerce, Rotary, business
associations and other appropriate groups to
provide detailed recycling outreach
education and offer tools and support for
successful programs.

Public Events
Republic Services will be a true leader in
Cudahy, CA, not only because of our
dedication to excellence in service, but
because we are a proud community partner.

We participate in numerous community
events on an annual basis and propose to
build on these existing efforts by partnering
with Cudahy, CA.to develop and launch a
sustainability-themed outreach schedule for
public events.

The program would involve creating a family
of “green” recycling-specific educational
hand-outs, and a common, customizable
booth design that could be used at local
street fairs, art festivals and concerts.

Republic Services will not only continue to
provide service and assistance to community
events, we will also work with event
planners to bring additional value. This
would include upfront planning for logistics
detail, such as placement of dumpsters,
providing a full contingent of dumpsters at
each collection point with clear messaging to
encourage recycling participation, clean up
services, sponsorships and educational
materials.

We see this as an opportunity to engage
with the community to become even
stronger and more vibrant. Cudahy, CA can
count on Republic Services to be a true
corporate citizen and community partner in
greening the Cudahy, CA service area and
educating residents and businesses every
step of the way.

Curbing Contamination
The best way to reduce contamination is at
the source, with both restricted access lids
and spot checks.

Our drivers are well trained to check for and
document contamination every time they
service a cart or dumpster. The driver can
then remotely update the account to reflect
the contamination note, allowing our
dedicated staff to notify the customer and
offer one-on-one assistance. We work
closely with each customer to develop a
solution to their contamination problem. We
can also provide resources to the city they
can share with residents and property staff.

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Pricing Proposal
Previously, Republic Services has provided
pricing to do a full waiver review on behalf
of the City of Cudahy.

We proposed this with promptness as the
priority and with our partnership we propose
the faster option to be the less expensive
option.
25 days to complete- $24,977.00
50 Days to complete- $29,415.71
As for Hauling and an Amendment we have
the following rate structure.

Residential- $32.92/month
Commercial - $463.53/Month
Each rate now includes trash, recycling and
organics services and be the largest step
towards full compliance with the state.

As we mentioned on our meeting, this rate
assumes 90% participation (10% waivers)
and continuing the CPI language as current.
(90% CPI-All Urban with disposal
component).

Recommendation to
Proceed
Our recommendation would be to start the
waiver process and simultaneously start an
amendment to work through. Either we can
provide that or if you have a draft
agreement, we’d be happy to start there.

Since it will be difficult to nail our
assumptions until we know the full impact of
waivers, we recommend negotiating and
finalizing the cost sheet as the last piece.

Additional Options to
Consider
After careful consideration Republic Services
have come up with two alternative proposals
that achieve the same compliance objectives
with different pricing and a simplified annual
increase methodology. These options in
addition to the original shall present three
paths forward for consideration.

Both proposals below assume set pricing for
the years outlined below and there after
would increase by 100% CPI- Water, Sewer,
Trash with no disposal pass through
component. This simplifies the methodology
and the increase trend closer in line with our
cost increases. In a separate attachment,
we have included 2016-Current for that
proposed index.

First Alterative- 7 Years
Fixed pricing for first two years then CPIWST thereafter.

Year 1 Residential- $29.93
Year 2 Residential- $32.92
Year 1 Commercial- $421.39
Year 2 Commercial- $463.53

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Second Alternative- 10 years (3-year
extension)
Fixed pricing for 3 years with CPI WST
thereafter.

Year 1 Residential- $29.93
Year 2 Residential- $31.40
Year 3 Residential- $32.94
Year 1 Commercial- $421.39
Year 2 Commercial- $442.04
Year 3 Commercial- $463.70
Looking forward to discussions with the City
of Cudahy, we appreciate the partnership
Republic Services has with the city.

AMENDMENT NO. 2 TO

AGREEMENT FOR SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION

SERVICES BY AND BETWEEN THE CITY OF CUDAHY, A MUNICIPAL CORPORATION, AND CONSOLIDATED DISPOSAL SERVICE, L.L.C., A DELAWARE LIMITED LIABILITY

COMPANY
This Amendment No. 2 ("Second Amendment") to Agreement for Solid Waste and Recyclable Materials Collection Services is made and entered into, effective December 1, 2020, by and between the CITY OF CUDAHY, a municipal corporation organized and existing under the laws of the State of California ("City") and CONSOLIDATED DISPOSAL SERVICE L.L.C., dba Republic Services, a Delaware limited liability company ("Collector"), collectively "the Parties", as follows:

RECITALS
This Second Amendment is entered into on the basis of the following facts and understandings of the Parties hereto:

WHEREAS, the City and Collector entered into an Agreement Between the City of Cudahy and Consolidated Disposal Service, L.L.C. for Solid Waste and Recyclable Materials Collection Services ("Agreement") commencing January 1, 1999, which was amended April 16, 2012 (Amendment No. 1); and
WHEREAS, Assembly Bill (AB) 341 (mandatory commercial recycling), and AB 1826 (mandatory commercial organics recycling), which came into effect after the City and Collector entered into the Agreement and after Amendment No. 1, require specific commercial recycling and organic collection services that are not addressed in the Agreement or Amendment No. 1; and WHEREAS, it is the City's expectation that the Collector will continue to provide all current services and will additionally provide required AB 341 and AB 1826 recycling and organic waste collection services so that the City is in compliance with the collection requirements of AB 341 and AB 1826; and WHEREAS, the Collector has provided the City with a Revised Proposal that provides for an AB 341 Commercial Recycling Program and AB 1826 Organics Recycling Program dated June 26, 2020.

NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Collector do hereby agree as follows:

RECITALS. The foregoing Recitals are true and correct and are a material element of this Second Amendment and are hereby incorporated by reference.

1.0 Amendment to Article II (Definitions). The following definitions are added to Article II — Definitions:

2.1.20 "Solid Waste" will mean all putrescible and nonputrescible solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from, residential premises or commercial/ industrial premises, including, but not limited to, garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, Construction and Demolition Wastes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes, as defined in Public Resources Code Section 49503, excluding liquid wastes and abandoned vehicles; provided, however, that "solid waste" will not include hazardous waste.

2.1.21 "Recyclable Materials" will include empty, clean, and dry materials such as non-laminated office paper, newspaper, envelopes, junk mail, phone books, brochures, magazines, catalogs, cardboard, file

Attachment B Page 153 of 340
folders, poster board, shipping boxes, non-waxed frozen food boxes cardboard boxes, milk cartons, plastic water bottles, soda bottles, and detergent/shampoo containers, aluminum beverage cans, food cans, steel food containers, glass bottles (clear, green and brown), and glass jars. Recyclable materials do not include plastic bags, film or wrap, aerosol cans, aluminum foil, batteries, food waste, foodsoiled pizza boxes, electronic waste, mirrors or ceramics, paint, pesticides, medication, Styrofoam, tissue, paper towels and napkins, syringes and needles, fluorescent light bulbs, computer and electronics, hazardous waste, and paint.

2.1.22 "Green Waste" or "Yard Waste" will mean leaves, grass clippings, brush, branches, and other forms of organic materials generated from landscapes or gardens, separated from Solid Waste.

2.1.23 "Food Waste" means: (i) kitchen and table food scraps; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (iii) discarded paper that is contaminated with such waste; and (iv) fruit waste, grain waste, dairy waste, meat, and fish waste that has been source separated from other Solid Waste.

2.1.23 "Organic Waste" means food waste, green waste, landscape and pruning waste, nonhazardous and untreated wood waste, and food-soiled paper waste that is mixed in with food waste as set forth in Public Resources Code Section 42649.8(c).

2.1.26 "Construction and Demolition Waste" includes without limitation Solid Waste, such as building materials; and packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings, and other structures.

2.0 Amendment to Section 3.7 Collection From Multi-Unit Residential Buildings. Section 3.7 Collection From Multi-Unit Residential Buildings is eliminated in its entirely and replaced with the following:

3.7 Collection From Multi-Unit Residential Buildings.

3.7.1 Solid Waste Collection Services. Collector will provide no less than weekly collection of Solid Waste from all Multi-Unit Residential Buildings. Collector shall make arrangements with each Multi-Unit Residential Building concerning the size of solid waste container(s) and frequency of collection.

3.7.2 Yard Waste Collection Services. Collector will provide all Multi-Unit Residential Buildings that have been identified by the Collector as generating Yard Waste one (1) 96 gallon Yard Waste cart to be serviced one time per week on Wednesday, or other day as agreed to in writing between the City and Collector. Additional Yard Waste carts will be provided upon request at the rates set forth in Exhibit A.

3.7.3 Recyclable Material Collection Services. Collector will provide all Multi-Unit Residential Buildings with one (1) 96-gallon cart for the collection of Recycled Materials to be serviced one time per week on Wednesday, or other day as agreed to in writing between the City and Collector.

Additional carts or containers will be available at an additional cost.

3.7.4 Cleanup of Waste Enclosures or Overflowing Bins
Collector shall exercise all reasonable care and diligence in collecting Solid Waste and Recyclable Materials, and clean out all overflowing enclosures and/or bins at the rates set forth in Exhibit A. If the situation dictates and with notification to the City, Collector may increase the service level and charge the customer per the applicable rates.

3.0 Amendment to Section 3.8 Collection From Commercial / Industrial Premises.

Section 3.8 Collection From Commercial / Industrial Premises is eliminated in its entirely and replaced with the following:

3.8 Collection From Commercial/Industrial Premises.

3.8.1 Solid Waste Collection Services. Collector will provide no less than weekly collection of Solid Waste from all Commercial/Industrial Premises. Collector shall make arrangements with each Commercial/Industrial customer concerning the size of solid waste container(s) and frequency of collection.

3.8.2 Organic Waste Collection Services. Collector will provide Organic Waste collection service to those Commercial/Industrial premises which are required by state law AB 1826 to receive Organic Waste collection service. The Collector and Commercial/Industrial customer will agree upon the cart(s)/container(s) size and frequency of collection. Collector will charge the Commercial/Industrial customer the rates listed in Exhibit A.

3.8.3 Recyclable Material Collection Services. Collector will provide all Commercial/Industrial customers subject to AB 341 with one (1) 96-gallon cart for the collection of Recyclable Material to be serviced one time per week on Wednesday, or other day as agreed to in writing between the City and Collector. Customer is responsible for rolling carts to a curbside location for collection service by Collector. Additional carts or containers will be available at an additional cost.

4.0 Amendment to Section 3.13 Community Education and Information: Press Releases, etc.

The following new subsections are added to Section 3.13 - Community Education and Information: Press.

3.13.3 AB 341 and AB 1826 Education and Outreach. Collector will provide public education and outreach for compliance with AB 341 and AB 1826, with review and approval of educational materials by the City, and in both English and Spanish languages.

5.0 Amendment to Section 3.14 Solid Waste Disposal; Processing of Recyclable Materials.

Subsections 3.14.3 and 3.14.4 are eliminated in their entirety and replaced with the following terms. In addition, the following Section 3.14.5 is added to Section 3.14.

3.14.3 Recyclable Materials. Recyclable Materials collected from Commercial/ Industrial Premises and, Multi-Unit Residential Buildings shall be transferred to a Material Recovery Facility (MRF) which is properly permitted in compliance with applicable federal, state and local laws and regulations.

3.14.4 Source Separated Green Waste. Collector shall deliver all source separated Green Waste to a properly permitted processing, land disposition, composting or alternative fuel facility such that the City receives any available credit for use in calculating its Diversion Rate as a result of the Green Waste being diverted from disposal at a landfill or transformation facility.

3.14.5 Source Separated Food Waste. Collector shall deliver all source separated Food Waste to a properly permitted processing, composting or alternative fuel facility such that the City receives any available credit for use in calculating its Diversion Rate as a result of the Food Waste being diverted from disposal at a landfill or transformation facility.

6.0 Amendment to Section 3.22 Records and Reports. The following new subsections are added to Section 3.22 — Records and Reports.

3.22.6 Additional Reporting. Collector will furnish City will any additional reports and information as may be reasonably required, such reports to be prepared within a reasonable time following the reporting period.

7.0 Amendment to Article III Solid Waste and Recyclable Materials Handling Services The following new sections are added to Article III — Solid Waste and Recyclable Materials Handling Services:

3.31 Collection Services.

Collector is responsible for furnishing the labor and equipment necessary to provide the, Multi-Unit Residential Building, and Commercial/Industrial Solid Waste, Green Waste, Food Waste and Recyclable Materials collection services required under the Agreement. This provision does not alter Collector's ability to charge for the services described in Exhibit A.

3.32 AB 341 and AB 1826 Regulatory Exemptions.

The Collector will make commercially reasonable efforts to identify and document any Multi-Unit Residential Building accounts and Commercial/Industrial premises that qualify for an exemption from AB 341 and AB 1826, and report that information to the City.

3.33 Contamination Process.

In occurrences when Recyclable Material is contaminated beyond 10% with Solid Waste or other unacceptable material as determined by Collector, Collector will provide one warning by red-tagging the container, and the contents will be disposed of as Solid Waste. After the first red-tag warning, subsequent occurrences of contaminated containers will result in the container being photographed, the contents being disposed of as Solid Waste, and the customer will be charged a "Contaminated Extra Lift" fee as listed on the rate schedule, Exhibit A.

In occurrences when Food Waste is contaminated beyond 3% with Solid Waste or other unacceptable material as determined by Collector, Collector will provide one warning by red-tagging the container and the contents will be disposed of as Solid Waste. After the first red-tag warning, subsequent occurrences of contaminated containers will result in the container being photographed, the contents being disposed of as Solid Waste, and the customer will be charged a "Contaminated Extra Lift" fee as listed on the rate schedule, Exhibit A.

In occurrences when Green Waste is contaminated beyond 1% with Solid Waste or other unacceptable material as determined by Collector, Collector will provide one warning by red-tagging the container and the contents will be disposed of as Solid Waste. After the first red-tag warning, subsequent occurrences of contaminated containers will result in the container being photographed, the contents being disposed of as Solid Waste, and the customer will be charged a "Contaminated Extra Lift" fee as listed on the rate schedule, Exhibit A.

8.0 Amendment to Article IV Rates, Billing and Payment
The following new section is added to Article IV:

4.3.6.1 Collector Compensation. In consideration of the above services and requirements the City's approved solid waste rates for all permanent multifamily unit buildings, commercial, and industrial customers billed by the Collector will be increased by 9.09%. Collector's compensation will continue to be adjusted periodically in accordance with the terms of the Agreement.

9.0 Rates. Exhibit A provides a copy of the City's approved rate schedule and adjusted rates based on the above adjustments to the City's approved rates.