Glendora City Council
August 23, 2022

Financial statements shall include a supplemental combining schedule prepared on a compiled basis showing Athens Services· results of operations, including the specific revenues and expenses in connection with the operations provided for in this Agreement, separated from others included in such financial statements. The financial statements and footnotes shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP) and audited, in 36 Item #21. Page 90
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accordance with Generally Accepted Auditing Standards (GAAS) by a ce11ified public accountant (CPA) licensed (in good standing) to practice public accounting in the State of California as determined by the State of California Department of Consumer Affairs Board of Accountancy. The cost for preparation of the financial statements and supplemental combining schedule shall be borne by Athens Services as a direct cost of service.

J. Adverse Information
Athens Services shall provide City copies of all material reports, pleadings, applications, notifications, Notices of Violation, communications or other documents relating to Athens Services' performance of services pursuant to this Agreement, submitted by Athens Services to, or received by Athens Services from, the United States or California Environmental Protection Agency, the California Integrated Waste Management Board, the Securities and Exchange Commission or any other federal, state or local agency, including any federal or state court.

Copies shall be submitted to City within 30 days of receipt by Athens Services, or sooner if reasonably apparent that to do so is materially relevant, and any responses by Athens Services shall be submitted to City simultaneously with Athens Services' filing or submission of such matters with said agencies. Athens Services' routine correspondence to said agencies need not be routinely submitted to City, but shall be made available to City promptly upon City's written request.

Any information contained in a writing which Athens Services seeks to be excluded from provisions of the California Public Records Act, Government Code Section 6250 et seq., shall be clearly identified as such by Athens Services with the basis for such exclusion clearly specified thereon. In the event City receives a request under the Public Records Act or by subpoena, City shall be under no obligation to withhold the requested or subpoenaed information; however, City shall notify Athens Services to permit Athens Services to object, at its sole cost, to the release of the information requested or subpoenaed.

K. Additional Reports, Documents and Information
Athens Services shall deliver to City reports, documents and information that are not otherwise required under this or any other section of the Agreement, in such forms and at such times, as the City Manager may in writing reasonably request or require; provided, however, if such reports, documents or information are not prepared by Athens Services in the ordinary course of business or to satisfy the City's reporting requirements pursuant to AB 939 as in effect on the date of this Agreement, the City shall reimburse Athens Services for the reasonable cost of preparing such reports, documents or information.

L. Costs
Except as provided in subsection 87.K above or elsewhere in this Agreement, all reports, documents and information required under this SECTION 87 shall be furnished to City at the sole expense of Athens Services.
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SECTION B8 - INSPECTION AND REVIEW OF RECORDS AND BOOKS A. Right to Inspect Records
City shall have the right to inspect or review the specific documents or records required expressly or by inference pursuant to this Agreement, or any other similar records or reports of Athens Services or its Affiliates that City deems necessary to evaluate annual reports and Athens Services' performance provided for in this Agreement and all source documentation to support tonnage financial and service data on reports or otherwise provided to City. Athens Services shall make all records and documents to be reviewed and inspected by the City as a part of any audit or other record review conducted by the City, available for the City's inspection during regular business hours at Athens Services' regular place of business within twenty-four (24) hours' notice.

B. Review of Books
At the written request of the City Manager, for purposes of verifying that the fees and/or revenues authorized under this Agreement have been accurately calculated/assessed, any Annual Report submitted by Athens Services pursuant to SECTION B7.H above, or at the written request of Athens Services, any Solid Waste payment calculations submitted by City pursuant to SECTION 5.C of the Agreement during the twelve (12) months prior to the request, shall be reviewed, at the expense of the party making the request, by an independent certified public accounting firm mutually agreed upon by the City Manager and Athens Services. If the City Manager and Athens Services fail to mutually agree upon the selection of a certified public accounting firm within forty-five (45) days after the written request is given, the requesting party shall notify the other party in writing of the names of three (3) certified public accounting firm from which said other party shall select one and shall notify the requesting party of its selection not later than fifteen (15) days after receipt of the three names. All records pertaining to the Annual Report or Solid Waste payment calculations shall be made available to the certified public accounting firm at the regular place of business of the party that generated the records, but in no event outside the County of Los Angeles. Should the review reveal an underpayment of two percent (2%) or more of any fee or revenue required by this Agreement, the requesting party shall be reimbursed by the other party for all out of pocket expenses incurred by the requesting party in the performance of the review within twenty (20) days after receipt of a written invoice from the requesting party.
c. Underpayment
Should any review pursuant to SECTION B8.B, above, reveal any underpayment of any fee or revenue required by this Agreement, the amount of such underpayment shall be paid to the underpaid party not later than ten ( l 0) days after written notice thereof is delivered to the other party from the underpaid party together with interest at the rate of ten percent ( l 0%) per annum on the underpayment, with the interest accruing from the date the fee or revenue was first due and owing pursuant to this Agreement.
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D. Overpayment
Should any review pursuant to SECTION 88.B, above, reveal any overpayment of any fee or revenue required by this Agreement, the amount of such overpayment shall be reimbursed to the party that made the overpayment not later than ten ( 10) days after written notice thereof is delivered to the other party from the party that made the overpayment. The amount of the overpayment shall be reimbursed without interest.

E. Failure to Report
The refusal or failure of Athens Services to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Athens Services in such report shall be deemed an event of default as described in SECTION B 14 and shall subject Athens Services to all remedies which are available to the City under the Agreement or otherwise.

SECTION 89 - AB 939
A. SRRE Implementation
Athens Services shall implement and monitor AB 939 requirements related to the services it performs under this Agreement throughout the term of the Agreement, in accordance with the integrated waste management programs identified in the City's SRRE.

SECTION 810 - SERVICE REVIEW
To provide for technological advances and regulatory changes in the collection and disposal of Solid Wastes and the recycling of Recyclable Solid Wastes, Athens Services shall deliver a report to City, within sixty (60) days after receiving a written request from the City Manager, which requests shall be made at least twelve (12) months apart, that includes the following information:
(I) A summary of Solid Waste and recycling services, reported in Solid Waste collection and recycling industry trade journals monitored by Athens Services, that are being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the United States with comparable populations that Athens Services is not regularly providing under this Agreement together with any specific plans for provision of such new services by Athens Services, or a justification indicating why Athens Services believes that such services cannot be feasibly provided in either or both service areas.
(2) All laws and regulations that pertain to the Solid Waste and recycling services provided under this Agreement that have been enacted since the last service review requested by the City Manager, an assessment as to whether said services and their method of performance under this Agreement are in compliance with said laws and regulations and, as necessary, recommendations for bringing about such compliance.
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Not later than sixty (60) days after receiving the report from Athens Services, and at such other times as the City deems appropriate, the City Manager shall notify Athens Services in writing of any Solid Waste and recycling services not then being provided to City that are considered technically and economically feasible by City. City may require Athens Services to provide such services within a reasonable time, at reasonable rates and for reasonable compensation negotiated in good faith by the parties. The rate for any such service shall have a service fee component and, if the service involves the disposal of Solid Waste, a tipping fee component. The tipping fee component shall be based upon the most cost-effective Disposal Site, which shall be determined by the MRF Gate Fee, as that term is defined in this Agreement and hauling costs.

SECTION Bl 1 - INDEMNIFICATION
A. Indemnification of City
Athens Services hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively, the "Indemnified Parties") from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in law or equity of any and every kind and description (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting directly from (1) in whole or in part by any negligent act, willful misconduct or omission of Athens Services, its officers, employees, and companies in performing services under this Agreement; and (2) the failure of Athens Services, its officers, employees, and companies to comply (after notice and an opportunity to cure) in all material respects with the provisions of this Agreement and applicable laws currently in effect on the date of this Agreement (including, without limitation, environmental laws). Athens Services further agrees to and shall, upon demand of City, at Athens Services' sole cost and expense, defend (with attorneys reasonably acceptable to City) Indemnified Parties against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse the City for any and all reasonable costs and expenses City incurs in providing any such defense before the time Athens Services elects to provide such defense. City shall not be entitled to any reimbursement after Athens Services assumes such defense.

B. Indemnification of Athens Services
City shall indemnify and defend, with counsel reasonably acceptable to Athens Services, Athens Services and its officers, employees, servants and agents from and against any and all costs, expenses, losses, liabilities, judgments, fines, penalties, claims, causes of action and administrative proceedings for bodily injury or death to any person whomsoever and damage to any property whatsoever arising out of, or resulting in any way from, the gross negligence or willful acts of City or any of its officers, employees, servants or agents. 40 Item #21. Page 94
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C. Hazardous Substances Indemnification

1. Athens Services specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel reasonably acceptable to City) reimburse, indemnity, and hold Indemnified Parties hannless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise directly out of any grossly negligent or willful act of Athens Services that results in the improper disposal of any Hazardous Contaminant (as defined herein).

2. Athens Services' obligations pursuant to this Section shall apply, without limitation, to:
a. any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter-Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision;
b. any Claims based on or arising out of the ownership, use, lease, sale, design, construction, maintenance or operation by Athens Services of any facility; and
c. any Claims based on or arising out of the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Athens Services.

3. For purposes of this Section, the term "Hazardous Contaminant11 shall mean any "hazardous material," as that term is defined under California Health & Safety Code Section 25501 (I); any "hazardous substance," as that term is defined herein or under California Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section 9601(14) of the United States Code; any "hazardous waste," as that term is defined under Title 42, Section 6093(5) of the United States Code and under California Health & Safety Code Section 25550(m); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos-containing material.

D. AB 939 Indemnification and Guarantee
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Athens Services agrees to and shall defend and hold the City harmless from any fines levied by any applicable agency, including but not limited to the California Department of Resources. Recycling and Recovery (CalRecycle), for the City's failure to meet the landfill diversion requirements of AB939. Athens Services agrees this indemnification guarantee is for the entire waste stream for which the City is held accountable by CalRecycle, and not just the portion of the waste stream that is in fact processed by Athens Services. In the event Cal Recycle provides an administrative process to challenge the imposition of a compliance order or a fine, Athens Services shall be responsible for engaging consultants and/or lawyers to represent the City. Athens Services shall also be responsible for the retention of and payment to any consultants engaged to perform waste diversion studies. Any funds expended by Athens Services for consultants, lawyers, reports, fines, pursuant to this diversion guarantee shall not be passed on to City or customers.

SECTION B 12 - CITY'S RIGHTS TO PERFORM DURING EMERGENCY Should Athens Services, for any reason whatsoever, including a reason set forth in SECTION 813 below, fail to perform any of the services it is obligated to perform under this Agreement for a period of more than five (5) days and Solid Waste should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager in the reasonable exercise of the City Manager's discretion, should find that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right during said period of emergency to contract with another solid waste enterprise to collect and transport any or all Solid Waste which Athens Services is obligated to collect and transport pursuant to this Agreement, but which Athens Services is unable to collect and transport. City shall provide twenty-four (24) hours prior written notice to Athens Services during the period of such emergency, before contracting with another solid waste enterprise or other provider of the other services required in this Agreement, to collect and transport any or all Solid Waste which Athens Services would otherwise collect and transport pursuant to this Agreement, and the other services provided in this Agreement, for the duration of the inability of Athens Services to provide such services. In such event Athens Services shall identify sources from which such substitute solid waste services and other services provided in this Agreement are immediately available, and shall reimburse City for all of its expenses for such substitute services.

The City Manager may assess from the cash security required by SECTION Bl above all direct and indirect costs incurred by the City in the collection, transportation and disposal of Solid Wastes, including Recyclable Solid Wastes pursuant to this SECTION Bl 2. During the period of the emergency, Athens Services shall not be entitled to its regular compensation under this Agreement.

SECTION BI 3 - FORCE MAJEURE
Athens Services shall be excused from performing its obligations pursuant to this Agreement in the event it is prevented from performance by reason of flood, earthquake, other "act of god", fire, civil insurrection, riot, war or enemy action or invasion, malicious mischief or sabotage, act of any governmental entity or court, or other similar event which is beyond the control of, and not the fault of, Athens Services. Labor unrest, including but not limited to, strike, work stoppage or slow down, sick out, picketing or other concerted job action conducted 42 Item #21. Page 96
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by Athens Services' employees or directed at Athens Services, for more than five (5) days is not an excuse from performance, and Athens Services shall be obligated to continue to provide service notwithstanding the occurrence of such labor unrest. In the event of labor unrest directed at a third party over whom Athens Services has no control, the inability of Athens Services to make collections due to the unwillingness or failure of the third party to provide reasonable assurances of the safety of Athens Services' employees while making collections or to make reasonable accommodations with respect to receptacle placement and point of delivery, time of collection or other operating circumstances to minimize any confrontation with pickets or the number of persons necessary to make collections shall, to that limited extent, excuse performance, provided that said excuse is conditioned on Athens Services' cooperation in making collections at different times and in different locations.

Athens Services shall give the City notice of the facts constituting any cause listed in this SECTION B 13 and of its claim to excuse under this SECTION B 13 within 48 hours after Athens Services has notice of such cause. In the event that Athens Services validly exercises its rights under this SECTION B 13 the City hereby waives any claim against Athens Services for any damages sustained thereby.

SECTION B14 - DEFAULT AND REMEDIES
A. Breach Subject to Cure
lfthe City Manager determines that Athens Services is in breach of any material provision of this Agreement, he shall so notify Athens Services in writing, and the notice shall include a reasonable time within which Athens Services may cure the breach. A reasonable time shall be at least fourteen (14) days from receipt by Athens Services of such written notice. The City Manager shall review Athens Services' actions in response to such notice and shall notify Athens Services in writing of his determination as to whether the breach has been cured within the specified time.

Either determination of the City Manager may be appealed by Athens Services to the City Council. The appeal shall identify the grounds for the appeal and shall be filed with the City Clerk within five (5) days after receipt by Athens Services of the written determination from the City Manager. The appeal shall be heard by the City Council within thirty (30) days after it is filed. The City Clerk shall give Athens Services, and any other person requesting the same, ten (10) days written notice of the time and place of the hearing. At the hearing, the City Council shall consider the report of the City Manager regarding the appeal and shall give Athens Services, or its representatives, and any other interested persons, a reasonable opportunity to be heard. At the conclusion of the hearing, the City Council, in its sole and complete discretion, shall act to affirm, modify or reverse the determination of the City Manager. Athens Services' performance under the Agreement shall not be excused during the period of time prior to the action of the City Council.

B. Events of Default
Each of the following shall constitute an event of default ("event of default") hereunder:
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C.
( l) Athens Services has practiced, or has attempted to practice, any fraud or deceit upon City, as found by a court of competent jurisdiction. (2) Athens Services becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Athens Services in a bankruptcy proceeding.
(3) Athens Services willfully violates any order or ruling of any regulatory agency having jurisdiction over Athens Services relative to the Agreement, provided that if Athens Services contests any such order or ruling by appropriate proceedings conducted in good faith, no breach of the Agreement shall be deemed to have occurred until a finding by the regulatory agency of a willful violation becomes final.
(4) Athens Services, for any reason whatsoever, except a reason set forth in SECTION B 13 above, fails to provide collection service as required under this Agreement to any portion of either service area for a period of more than three (3) days.
(5) Athens Services fails to cure the breach of any material provision of this Agreement within the time set in a written notice given pursuant to subsection A above or, if Athens Services cannot reasonably cure the breach within the time set forth in such notice, Athens Services fails to commence to cure such breach within the time set forth in such notice and thereafter diligently prosecute the cure to completion.

Right to Terminate or Impose Liquidated Damages Upon Default Upon an event of default by Athens Services, after any required notice and any required cure period, the City Council shall have the right to terminate this Agreement and/or assess liquidated damages as provided in SECTION B15 below, without the need for any hearing, suit or legal action. The City shall provide Athens Services with written notice of the termination and/or assessment.

SECTION B15-LIOUIDATED DAMAGES
The parties acknowledge that consistent, reliable Solid Waste handling service is of utmost importance to City and that City has considered and relied on Athens Services' representations as to its quality of service commitment in entering this Agreement with it. The parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The parties further recognize that if Athens Services fails to achieve the performance standards, or fails to submit required documents in a timely manner, City and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages which City will suffer. Therefore, without prejudice to City's right to treat such breaches as an event of default under SECTION B 14, the parties agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages for 44 Item #21. Page 98
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such specific breaches, considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made.

Athens Services City QA
Initial Here ~.-c.-- Initial Here~
Athens Services agrees to pay (as liquidated damages and not as a penalty) the amounts set forth below:

1. 2.

Collection Reliability
a) For each failure to commence service to a new Customer account within seven (7) days after order: $50.00
b) For each failure to collect Solid Waste from any established Customer account on the scheduled collection day and not collected within the period described in Section 4.F of this Agreement: $50.00
c) For each failure to collect Solid Waste, which has been properly set out for collection, from the same Customer on two (2) consecutive scheduled pickup days(whether or not pickup is later remedied per Section 4.F):
$150.00
Collection Quality
a) For each occurrence of failure to properly return empty containers to avoid pedestrian or vehicular traffic impediments or to place cans upright with lids secured: $25.00
b) For each occurrence of collecting Solid Waste during unauthorized hours:
c) For each occurrence of damage to private property:
$150.00
$150.00
d) For each failure to clean up Solid Waste spilled from Solid Waste containers within 90 minutes:
$150.00
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3. Customer Responsiveness

4. a) For each failure to initially respond to a Customer complaint within one (I) business day, and for each additional day in which the complaint is not addressed:
$250.00
b) For each failure to process Customer complaints to City as required by SECTION 84: $150.00
c) For each failure to catTY out responsibilities for establishing service to an individual resident: $150.00
d) For each failure to notify City within 24 hours from the time Athens Services has remedied a complaint forwarded by City:
$10.00
e) For each failure to remove graffiti from containers, or to replace with containers bearing no graffiti, within two business days of request from City or Customers:
$25.00 per day
f) For each failure to process a claim for damages within thirty (30) days from the date submitted to Athens Services:
$50.00
g) For each failure to remove graffiti within twenty-four (24) hours of notice from the City received by Athens Services on Monday through Saturday or within forty-eight ( 48) hours of notice from the City received by Athens Services on Sunday: $50.00
Timeliness of Submissions to City
Any report shall be considered late until such time as a correct and complete report is received by City. For each calendar day a report is late, the daily liquidated damage amount shall be:
a)
b)
Monthly Reports:

Annual Reports:
$100 per day
$350 per day
City may determine the occurrence of events giving rise to liquidated damages through the observation of its own employees or representative or investigation of Customer complaints.

Prior to assessing liquidated damages, City shall give Athens Services notice of its intention to do so. The notice will include a brief description of the incident(s)/non-performance.

Athens Services may review (and make copies at its own expense) all information in the possession of City relating to incident(s)/non-performance. Athens Services may, within ten (10) days after receiving the notice, request a meeting with City. Athens Services may present 46 Item #21. Page 100
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evidence in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. City will provide Athens Services with a written explanation of its determination on each incident(s)/non-performance prior to authorizing the assessment of liquidated damages. The decision of City shall be final.

City may assess liquidated damages for each calendar day or event, as appropriate, that Athens Services is determined to be liable in accordance with this Agreement.

Athens Services shall pay any liquidated damages assessed by City within ten (10) days after they are assessed. If they are not paid within the ten (10) day period, City may proceed against the performance bond required by the Agreement or find Athens Services in default and terminate this Agreement pursuant to SECTION B14, or both.

SECTION BI6-CITY'S ADDITIONAL REMEDIES
In addition to the remedies set forth in SECTION B 14 above, City shall have the following rights:
(a) To license, or contract with, others to perform the services otherwise to be performed by Athens Services under this Agreement, or to perform such services itself.
(b) To obtain damages at law and/or injunctive relief in equity. Both parties recognize and agree that in the event of a breach of any material provision of this Agreement by Athens Services, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of the Agreement and to enjoin the breach thereof.

SECTION B 17 - NO BUSINESS LICENSE REQUIRED
Notwithstanding any other provision of this Agreement or any provision of the Glendora Municipal Code to the contrary, Athens Services shall not be required to possess any business license issued by the City, nor shall it be required to pay any license tax collected by the City, in order to perform the services required by this Agreement.

SECTION B 18 - PROPOSITION 218 AND PROPOSITION 26 NOT APPLICABLE The Parties agree that the rates to be charged by Athens Services to Customers are set by Athens Services as a private contractor in the market place. The City's role with respect to rate setting is to establish rate ceilings for the protection of Customers given the exclusive status afforded Athens Services by this Agreement and given the nature of the services it is to provide.

Accordingly, the Parties agree that this Agreement shall be construed to maintain the status of the rates Athens Services chooses to charge its Customers as privately-established rates and not as property-related fees within the scope of Article Xlll D of the California Constitution or taxes within the scope of Articles XIII A and XIII C and XIII C Section 1 subd. e of the California Constitution.
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EXHIBITC

RA TE AND FEE SCHEDULE
EFFECTIVE SEPTEMBER 1, 2014
I. Residential Properties
A. Basic Rates Net Rate City Fees Total Rate
Single dwelling unit 24.90 2.65 27.55
Duplex 48.92 5.20 54.12
Triplex 73.00 7.76 80.76
Per apartment 16.36 1.73 18.09
Apartment scout 25.06 2.66 27.72
Residential curb scout 46.16 4.91 51.07
Residential yard scout 55.70 5.91 61.61
Bin 1.5 yard IX 112.60 11.96 124.56
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Bin 3 yard IX 147.46 15.66 163.12
Bin 3 yard 2X 234.68 24.92 259.60
Bin 3 yard 6X 518.05 55.01 573.06
Scout bin 1.5 yard IX 143.36 15.23 158.59
Scout bin I 5 yard 2.X 230.88 24.52 255.40
Scout bin 3 yard IX 178.27 18.94 197.24
Seoul bin 3 yard 2X 296.22 31.46 327.68
Scout bin 3 yard 3X 371.91 39.50 411.41
B. Non-Basic Rates
Bin apartment rental 40.48 4.30 44.78
Scout bin apartment rental 68.18 7.24 75.42
Curb manure 19.92 2.11 22.03
II. Non-Residential properties
A. Basic Rates
Bin 1.5 yard IX 111.73 11.86 123.59
Bin 1.5 yard 2X 174.56 18.54 193.10
Bin I.Syard3X 226.90 24.10 251.00
Bin 1.5 yard 4X 276.72 29.39 306.11
Bin 1.5 yard 5X 322.30 34.23 356.53
Bin 1.5 yard 6X 377.27 40.07 417.34
Sin 3 yard IX 146.65 15.57 162.22
Bin 3 yard 2X 233.82 24.83 258.65
Bin 3 yard 3X 317.55 33.73 351.28
Bin 3 yard 4X 397.82 42.25 440.07
Bin 3 yard 5X 471.13 50.04 521.17
Bin 3 yard 6X 554.84 58.92 613.76
Scout bin 1.5 yard IX 142.51 15.14 157.65
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Scout bin 3 yard IX 177.39 18.84 196.23
Scout bin 3 yard 2X 295.36 31.37 326.73
Scout bin 394.76 41.92 436.68
B. Non-Basic Rates
Roll off 644.13 68.40 712.53
CC 1 can 37.14 3.95 41.09
CC 2 can 59.12 6.28 65.40
CC 3 can 80.31 8.53 88.84
CC4 can 100.55 10.68 111.23
CC 5 can 119.03 12.64 131.67
CC 6 can 137.59 14.61 152.20
3 Yd Temp 138.57 14.71 153.28
X-dumps 49.54 5.26 54.80
Plastic Liners 25.00 2.66 27.66
Bin Lock Lids 27.50 2.92 30.42
Storage Box Delivery 100.00 10.62 110.62
Stand By 95.00 10.09 105.09
Bin Wash Out 56.00 5.95 61.95
Bin Go Back 56.00 5.95 61.95
Relocate Roll-off 55.00 5.84 60.84
Roll-off Dead Run 90.00 9.56 99.56
Demurrage / Day 12.00 1.27 13.27
Compactor Wash Out 185.00 19.65 204.65
Storage Box 100.00 10.62 110.62
Residential Go Back 20.00 2.12 22.12
Residential Go Back Dead Run 20.00 2.12 22.12
Bin Exchange 64.00 6.80 70.80
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Bin Exchange with Metal Lids 75.00
Transportation Services 110.00
m. Other Rate Provisions

7.97 11.68

82.97 121.68
A. Commencing September I, 20 I 4, and continuing through August 31, 2024, the ratepayers for the Residential Properties Basic Rate for single dwelling units shall receive an annual $10.75 credit from Athens Services, credited to the customers in quarterly installments and reflected in the customer's quarterly invoice.

B. Commencing September 1, 2014, and continuing until August 31, 2019, Athens Services shall pay to the City a monthly Environmental Administrative Fee in the amount of $28,755.00.

C. Commencing September 1, 2019, and continuing until August 31, 2024, Athens Services shall pay to the City a monthly Environmental Administrative Fee in the amount of $47,655.00.

D. Commencing July 1, 2015, and continuing through August 31, 2024, subject to City Council approval, the Franchise Fee, which is passed through to Customers, shall be established at eleven percent (11%) of the net rates charged by Athens Services.

E. The hourly rate for driver and collection vehicle to assist in emergencies shall be $125, plus actual processing and disposal costs.
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EXHIBITD

RA TE ADJUSTMENT

SECTION DI -ANNUAL MAXIMUM RA TE ADJUSTMENTS
Section DI. I Adjustment Request
Athens Services may request an adjustment to the maximum permitted rates annually, to be effective each July I. Athens Services shall submit its request in writing, to be received by City in person or via certified mail, by the preceding March I. The request shall be based on the method of adjustment described in this Section D 1 of Exhibit D. Failure to submit a written request by March 1 shall result in Athens Services waiving the right to request such an increase for that year.

Annual adjustment to the maximum rates calculated in accordance with this Section DI is subject to the approval of the City Council.

Section DI .2 Cost Components
The approved Athens Services compensation consists of the following cost components, each adjusted by the change in the corresponding rate adjustment factor.

Total
Rate Adjustment Factors and Initial Weightings
Cost Component
Landfill Disposal
All Other
Initial Weighting Rate Adjustment Factor
13% Actual per ton gate rate charged to Athens
Services by the landfill
87% Consumer Price Index for Los Angeles100%
Riverside-Orange County, CA, All items, Not Seasonally
Adjusted, CUUSA42 l SAO ("CPI'')
Section D 1.3 Rate Adjustment Steps
All rates will be adjusted using the cost component weightings identified above. 52 Item #21. Page 106
Meeting Date: 8/23/2022 / Packet Page #: 542
Step One - Calculate the percentage increase or decrease in each rate adjustment factor listed in Section D 1.2 as follows:

Landfill Disposal Change - Measured as the change in the landfill gate rate to be charged on the effective date of the rate adjustment as compared to the gate rate charged the previous July 1. As long as Athens uses the San Bernardino County landfill system to dispose of the City of Glendora's waste, the landfill gate rate shall be the contract rate paid by Athens for the use of the San Bernardino County landfills.

All Other Change - The change in CPI shall be measured as the annual average indices for the twelve (12) months ended the July preceding the effective date of the rate adjustment verses the annual average indices for the twelve months ended the July twelve (12) months before that date (May through April) for All Urban Consumers in the Los Angeles/ Anaheim/Riverside area, or an equivalent index approved by mutual agreement in the event the CPI as described above is no longer published. The percentage change in the rates per the CPI adjustment effective only for July 1, 2015 shall be calculated as determined by the percentage change, increase or decrease, in the CPI for the preceding twenty four month period (May through April) less one and 34/100% (1.34%). In the event the CPI for the 24 month period (May through April) preceding July 1, 2015 is less than 1.34%, the difference in the CPI and

1.34% shall be deducted from the CPI adjustment for July 1, 2016. (For example: If the CPI for the 24 month period (May through April) preceding July 1, 2015 is 1.0%, the rate adjustment effective July I, 2015 is calculated as 1.0% - 1.34% = -0.34%. There is no rate adjustment, increase or decrease effective July 1, 2015, and the rates shall remain the same. If the CPI for the 12 month period (May through April) preceding July 1, 20 I 6 is 2.0%, the rate adjustment effective July 1, 2016 is calculated as 2% - 0.34% = 1.66%. An additional example: If the CPI for the 24 month period (May through April) preceding July 1, 2015 is 3.0%, the rate adjustment effective July 1, 2015 is calculated as 3.0%- 1.34% = 1.66%). After July 1, 2015, the change in CPI shall be measured as the annual average indices for the twelve (12) months ended the July preceding the effective date of the rate adjustment verses the annual average indices for the twelve months ended the July twelve ( 12) months before that date (May through April) for All Urban Consumers in the Los Angeles/ Anaheim/Riverside area, or an equivalent index approved by mutual agreement in the event the CPI as described above is no longer published.

Step Two - The cost component weightings as a percentage of total costs for the first rate adjustment are provided in Section Dl .2 above, with cost component weightings for subsequent years calculated in Step Four of the rate adjustment. For Step Two of each subsequent rate adjustment, use the cost components recalculated in Step Four during the previous rate adjustment.

Multiply the percentage changes for each rate adjustment component by that component's weighting and add these resulting percentages together to get the total weighted change to the rates.

Step Three - Multiply the total weighted percent change from Step Two by the existing rates to calculate the increase or decrease to the maximum rates. Add the rate increase or decrease to the existing rates to derive the newly adjusted rates. 53 Item #21. Page 107
Meeting Date: 8/23/2022 / Packet Page #: 543
Step Four- Recalculate weightings for the following year based upon these changes.

Section DI .4 Example Rate Adjustment Calculation
Step One: Calculate percentage change In Indices
A 8 C
Percent Change In
Row Adjustment Factor Index Old Index Value New Index Value Index ((Column B/ Column A) - 1)
1 Landfill Disposal (l] $ 28.86 $ 29.44 2.01%
2 All Other (2) 236.648 240.001 1.42%
Step Two: Determine components
D E F
Cost Component Percent Change In Total Weighted
Row Adjustment Factor Index Weighting (3) Index (from Column Change (Columns Dx Cl El
3 Landfill Disposal (1) 13.00% 2.01% 0.26%
4 Alf Other (2) 87.00% 1.42% 1.24%
5 Total 100.00% 1.50%
Step Three: Apply percentage change to all rates (example rates shown below)

G H I J
Example Rate Current Customer Total Weighted Rate Increase or Adjusted Rate Row Categories Rate Percentage Change Decrease (Column G + Column tfrom Column Fl IColumnG xColumn II
6 Single Dwelling Units $ 24.90 1.50% $ 0.37 $ 25.27
7 Res. Bin 1.5 yd. 1x week $ 112.60 1.50% $ 1.69 $ 114.29 8 Com. Bin 1.5 yd. 1x week $ 111.73 1.50% $ 1.68 $ 113.41 9 Scout Bin 1.5 yd. 1x week $ 142.51 1.50% $ 2.14 $ 144.65 10 Com. lCan $ 37.14 1.50% $ 0.56 $ 37.70
11 Locking Lid $ 12.00 1.50% $ 0.18 $ 12.18
12 Roll-Off Box $ 644.43 1.50% $ 9.67 $ 654.10
13 3 yd. Temp Service $ 138.57 1.50% $ 2.08 $ 140.65
14 Extra dump $ 49.54 1.50% $ 0.74 $ 50.28
Step Four: Re-weiaht cost components
K l M N 0
Change in Cost Adjusted Cost Cost Components
Cost Component Percent Change In Component Component Reweighted to Equal Row Adjustment Factor Index Weightings (Column Index (Column E) Weightings (Column K Weightings (Column 100% (Column N Row D) xColumn L) K+Column Ml divided by Column N
Total)
15 Landfi II Disposal (ll 13.00% 2.01% 0.26% 13.26% 13.06% 16 All Other (2) 87.00% 1.42% 1.24% 88.24% 86.94%
17 Total 100.00% 101.50% 100.00%
(11 Actual change in gate rate charged to Athens Services. (21 Consumer Price Index for Los Angeles-Riverside-Orange County, CA, Alf items, Not Seasonally Adjusted, CUUSA421SAO. (3) First year based on percentages provided in this Section 01. After the first adjustment, this column comes from Column O of the previous year's rate adjustment worksheet.

Section DI .5 Rate Reductions
In the event the rate calculation results in a reduction, the City may implement the reduction whether or not Athens Services has submitted a request. If for any reason a calculated rate reduction is not implemented, future rate increases shall be offset by the amount of the waived reduction.

SECTION D2 - EXTRAORDINARY RA TE ADJUSTMENT REQUEST
54 Item #21. Page 108
Meeting Date: 8/23/2022 / Packet Page #: 544
Athens Services may request an adjustment to maximum rates in the event of extraordinary changes in the cost of providing service under this agreement. Extraordinary rate adjustments may be requested no more than once per year.

For each request for an adjustment to the maximum rates that Athens Services may charge customers brought pursuant to this section, Athens Services shall prepare a schedule documenting the extraordinary costs. Such request shall be prepared in a form acceptable to City with support for assumptions made by Athens Services in preparing the estimate.

City may request appropriate supporting information in connection with the City's review of Athens Services' rate adjustment request. City shall review Athens Services· request and, in City's sole judgment and absolute, unfettered discretion, make the final determination as to whether an adjustment to the maximum rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment.

EXHIBITE

CITY FACILITIES SERVICE
Location/Function No. Size Frequencv
City Hall/Refuse 2 3 yard 2x/week
City Hall/Mixed Paper I 3 yard As needed
City Street Yard, Loraine/Refuse I 3 yard Ix/week
City Street Yard, Loraine/Refuse 2 40 yard As needed
Water Dept. Sierra Madre/Refuse 1 3 yard Ix/week
55 Item #21. Page 109
Meeting Date: 8/23/2022 / Packet Page #: 545
1 1.5 yard Ix/week
Water Dept. Sien-a Madre/Mixed paper 1 3 yard As needed Water Dept., Sien-a Madre/Green Waste I 3 yard Ix/week
Glen Oaks Golf Course/Green Waste I 40 yard As needed
Glen Oaks Golf Pro Snack Bar/Refuse 1 3 yard Ix/week
Finkbiner Park/Refuse 4 3 yard Ix/week
Finkbiber Park/Green Waste I 3 yard 2x/week
Gladstone Park/Refuse 3 3 yard Ix/week
Gladstone Park/Green Waste 1 3 yard 2x/week
Centennial Heritage Park/Refuse 1 3 yard Ix/week
Centennial Heritage Park/Green Waste I 3 yard Ix/week
Park Maintenance Yard/Refuse 1 3 yard Ix/week
La Fetra Center/Refuse I 3 yard Ix/week
La Fetra Center/Green Waste I 3 yard Ix/week
Glendora Museum/Refuse 1 3 yard Ix/week
Transportation Center/Refuse 1 3 yard Ix/week
C.L. Equestrian Park/Refuse 1 3 yard Ix/week
C.L. Equestrian 1 3 yard Ix/week
Glendora Village Sidewalk Trash Containers As exist Decorative 2x/week or as between Bennett and Foothill/Refuse Trash needed
Containers
56 Item #21. Page 110
Meeting Date: 8/23/2022 / Packet Page #: 546

EXHIBITF
Intentionally left blank
57 Item #21. Page 111
Meeting Date: 8/23/2022 / Packet Page #: 547

EXHIBITG
Annually Renewable Performance Bond
KNOW ALL MEN BY THESE PRESENTS: That ---------------- (hereinafter called the Principal), and (hereinafter called the Surety), are held and firmly bound unto---------------- (hereinafter called the Obligee), in the full and just sum of ____________ _ Dollars , the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and each of their heirs, administrators, executors, and assigns, jointly and severally, finnly by these presents.

WHEREAS, the Principal has by written agreement dated the __ day of , 2006 ----- entered into an Agreement with the Obligee for
-------------------fora period of _____ years which
Agreement is hereby referred to and made a part hereof.

WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said Agreement for a period of one year.

NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every obligation in said Agreement at the lime and in the manner specified during the term of this bond, and shall reimburse said Obligee for any loss which said Obligee may sustain by reason of failure or default on the part of said Principal, than this obligation shall be void, otherwise to remain in full force and effect.

PROVIDED, HOWEVER, that this bond is subject to the following conditions:

1. This bond is for the term beginning and ending ------- The bond may be extended for additional terms at the option of the surety, by continuation certificate executed by the Surety. Neither non-renewal by the surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute a loss to the Obligee recoverable under this bond.

2. In the event of default, the Surety will have the right and opportunity, at its sole discretion, to: a) cure the default; b) assume the remainder of the Agreement and to perform or sublet same, c) or to tender to the Obligee funds sufficient to pay the cost of completion less the balance of the Agreement price up to an amount not to exceed the penal sum of the bond. In no event shall the Surety be liable for fines, penalties, liquidated damages, or forfeitures assessed against the Principal.

3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless same be brought or 58 Item #21. Page 112
Meeting Date: 8/23/2022 / Packet Page #: 548
instituted upon the Surety within one year from termination or expiration of the bond term.

4. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrator or successors of Obligee.

5. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number or amount of claims brought against this bond and regardless of the number of years this bond remains in force.

6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this bond and as described in the underlying document, then the terms of this bond shall prevail.

7. This bond shall not bind the Surety unless the bond is accepted by the Obligee.

The acknowledgement and acceptance of this bond is demonstrated by signing where indicated below. If this obligation is not accepted by way of signature of the Obligee below, this bond shall be deemed null and void.

Signed and sealed this ____ day of __________ , 2006.

PRINCIPAL: SURETY
(seal) (seal)
(name & title) Attorney-in-Fact

THE ABOVE TERMS AND CONDITIONS OF THIS BOND HA VE BEEN REVIEWED AND ACCEPTED BY THE (OBLIGEE).

ACKNOWLEDGED AND ACCEPTED BY OBLIGEE:

BY:

PRINTED NAME/TITLE:

DATE:

PLEASE RETURN A COPY OF ACCEPTED BOND TO:
59 Item #21. Page 113
Meeting Date: 8/23/2022 / Packet Page #: 549
I. SCOPE OF WORK

EXHIBITH

STREET SWEEPING
Furnish all labor, equipment, materials, and supervision to perform street sweeping maintenance as described herein including, but not limited to, the following:

Using a modem regenerative air street sweeper, thoroughly sweep each improved street in the City on a weekly basis per the schedule set forth in the schedule maps attached hereto.

II. DEFINITIONS
a. Curb-to-Curb - area within the curb limits of the street including medians, intersections, and street ends.
b. Holiday - all days observed by the City as holidays including: New Year's Day, Martin Luther King Jr Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving (including the following Friday), Christmas Eve & Christmas Day, New Year's Eve.
c. Inclement Weather - weather conditions that prohibit the effective operation of sweeping operations.
d. Debris - litter, rubbish, leaves, sand, dirt, garbage, and other foreign material. e. Street - all paved dedicated public rights-of-way within the existing or future corporate limits of the City and private streets.
f. Re-sweep - sweep required when previous sweeps are deemed by the City to be below standard or when a street or sections of a street are missed during regularly scheduled operation. g. Special Sweep - sweep involving unusual conditions such as traffic hazards, parades, and similar events. If appropriate, prior approval from the City Manager or designee is required. h. Travel Speed - sweeper operator must maintain a speed of no more than six miles per hour while the sweeping broom is lowered in the operating position.

III. WORKING HOURS
All sweeping activities shall be completed by I :30 PM, Monday through Friday unless prior approval is given by the City Manager or designee. Typically sweeping occurs no earlier than 1:30AM.

Approval of Athens Services schedule will be at the reasonable discretion of the City. 60 Item #21. Page 114
Meeting Date: 8/23/2022 / Packet Page #: 550
IV. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest maintenance standard. Standards, schedules, and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. Due to different street widths throughout the City, street sweeping may require slower travel speed and/or multiple passes by the sweeper, in many cases, to ensure curb-to-curb coverage of the street. Streets with raised medians (commercial and residential) shall have their curb-gutter perimeter swept, including turnouts. Street grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as part of the sweeping operations. Each street shall be swept clean to the adjacent property line.

Swept clean means minimal debris residual or tailings. Any sweeper used must not blow debris onto private property nor drain water onto the street from the rear hopper. Sweeper shall travel with the direction of traffic at all times. A significant number of City streets are posted no parking for street sweeping during designated hours on various days of the week. It is imperative that Athens Services maintain a firm schedule for sweeping posted streets, as Athens Services is required to coordinate sweeping operations with City.

Athens Services is required to sweep parking lots identified on the schedule maps attached hereto, including City Hall, adjacent to streets along the scheduled route. Athens Services is required to correct deficiencies within the time specified by the City.

Athens Services shall perform Special Sweeps "free-of charge" at the request of the City. These Special Sweeps are not Re-sweeps of an area not done properly but rather an additional sweep that is not part of the regular schedule. These may be used to clean before and after traffic hazards, parades, and similar events, or for any reason that the City chooses; provided that these Special Sweeps shall be limited to fifteen occurrences on an annual basis.

Athens Services shall perform Inclement Weather sweeps "free-of charge" at the request of the City. These sweeps are not Re-sweeps of an area not done properly but rather an additional sweep that is not part of the regular schedule. If, in the reasonable judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein and after appropriate notice and a twenty four (24) hour opportunity to cure, impose liquidated damages in the amount of $500 per day for each day until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between Athens Services and the City.

V. SUPERVISION OF CONTRACT
All work shall meet with the approval of the City's Public Works Department. There shall be a minimum of one quarterly meeting with the Athens Services and the City representative to determine progress and to establish areas needing attention. A status report of activities performed and maintenance issues addressed by Athens Services will be submitted in writing to the City upon request by the City.

Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Athens Services, and corrected in a satisfactory manner as set forth in the specifications.
61 Item #21. Page 115
Meeting Date: 8/23/2022 / Packet Page #: 551
VI. RECORDS AND SCHEDULE
Athens Services shall keep accurate records concerning all of its employees or agents and provide the City with names and telephone numbers of emergency contact employees.

VIL EMERGENCY SERVICES
Athens Services will provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when Athens Services' normal work force is not present in the City. These Athens Services representatives shall respond to said emergency within ninety (90) minutes from receiving notification.

VIII. PERFORMANCE DURING INCLEMENT WEATHER
During the periods when Inclement Weather hinders normal operations, Athens Services shall adjust its work force in order to accomplish those activities that are not affected by weather. 62 Item #21. Page 116
Meeting Date: 8/23/2022 / Packet Page #: 552
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Item #21. Page 117
Meeting Date: 8/23/2022 / Packet Page #: 553
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Item #21. Page 118
Meeting Date: 8/23/2022 / Packet Page #: 554
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0.5 Item #21. Page 119
Meeting Date: 8/23/2022 / Packet Page #: 555
Glendora-Tuesday Map 1
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1.2 Item #21. Page 120
Meeting Date: 8/23/2022 / Packet Page #: 556
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0.6 Item #21. Page 121
Meeting Date: 8/23/2022 / Packet Page #: 557
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1.2 Item #21. Page 122
Meeting Date: 8/23/2022 / Packet Page #: 558
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0.8 Item #21. Page 123
Meeting Date: 8/23/2022 / Packet Page #: 559
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0.8 Item #21. Page 124
Meeting Date: 8/23/2022 / Packet Page #: 560
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Meeting Date: 8/23/2022 / Packet Page #: 561
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0.8 Item #21. Page 126
Meeting Date: 8/23/2022 / Packet Page #: 562
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0.8 Item #21. Page 127
Meeting Date: 8/23/2022 / Packet Page #: 563
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Item #21. Page 128
Meeting Date: 8/23/2022 / Packet Page #: 564
City of Glendora List of Alleys
Alley Descriptions
1 E/0 Pennsylvania between Sierra Madre and Virginia
2 N/0 Virginia between Pennsylvania and Vermont
3 E/0 Vermont between Sierra Madre and s'ly alley
4 N/0 Virginia between Vermont and Glendora
5 E/0 Vista Bonita between Sierra Madre and s'ly alley
6 N/0 Virginia between Vista Bonita and Wabash
7 E/0 Pennsylvania between Virginia and s'ly alley
8 N/0 Leadora between Pennsylvania and Vermont
9 E/0 Vermont between Virginia and s'ly alley
10 N/0 Leadora between Vermont and Glendora
11 E/0 Glendora between Virginia and s'ly alley
12 N/0 Leadora between Glendora and Vista Bonita
13 E/0 Vista Bonita between Virginia and s'ly alley
14 N/0 Leadora between Vista Bonita and Wabash
15 E/0 Wabash between Virginia and Leadora
16 N/0 Leadora between Wabash to e'ly alley
17 E/0 Pennsylvania between Leadora and s'ly alley
18 N/0 Whitcomb between Pennsylvania and Vermont
19 E/0 Vermont between Leadora s'ly alley
20 N/0 Whitcomb between Vermont and Glendora
21 E/0 Glendora between Leadora and s'ly alley
22 N/0 Whitcomb between Glendora and Vista Bonita
23 E/0 Vista Bonita between Leadora and s'ly alley
24 N/0 Whitcomb between Vista Bonita and Wabash
25 E/0 Wabash between Leadora and s'ly alley
26 N/0 Whitcomb between Wabash and Minnesota
27 E/0 Minnesota between Leadora and Whitcomb
28 E/0 Pasadena between Leadora and Whitcomb
29 E/0 Pennsylvania between Whitcomb and s'ly alley
30 N/0 Bennett between Pennsylvania and Vermont
31 E/0 Vermont between Whitcomb and s'ly alley
32 N/0 Bennett between Vermont and Glendora
33 E/0 Glendora between Whitcomb and s'ly alley
34 N/0 Bennett between Glendora and Vista Bonita
35 E/0 Vista Bonita between Whitcomb and s'ly alley
36 N/0 Bennett between Vista Bonita and Wabash
37 N/0 Meda between Pennsylvania and Vermont
38 N/0 Meda between Vermont and Glendora
39 N/0 Meda between Glendora and Vista Bonita
40 N/0 Meda between Vista Bonita and Wabash
41 N/0 Meda between Wabash and Minnesota
42 S/0 Mountain View between Pennsylvania and w'ly end
43 N/0 Foothill between Pennsylvania and Vermont
44 E/0 Pennsylvania between S/0 Mountain View and s'ly end 45 S/0 Meda between Vermont and Glendora
1 Item #21. Page 129
Meeting Date: 8/23/2022 / Packet Page #: 565
City of Glendora List of Alleys
Alley Descriptions
46 N/0 Foothill between Vermont and Glendora
47 E/0 Vermont between N/0 Foothill and n'ly end
48 E/0 Glendora between Meda and s'ly alley
49 N/0 Foothill between Glendora and Vista Bonita
so S/0 Meda between Vista Bonita and Wabash
51 N/0 Foothill between Vista Bonita and Wabash
52 E/0 Vista Bonita between N/0 Foothill and n'ly alley 53 S/0 Meda between Wabash and Minnesota
54 W /0 Washington between Foothill and s'ly alley
55 E/0 Washington between S/0 Foothill and MTA R/W
56 S/0 Foothill between Washington and w'ly alley
57 S/0 Foothill between Washington and Pennsylvania
58 E/0 Washington between Carroll and n'ly alley
59 S/0 Foothill between Pennsylvania and Vermont
60 E/0 Pennsylvania between Carrol and n'ly alley
61 E/0 Vermont between Carrol and n'ly end
62 E/0 Vista Bonita between Carroll and n'ly alley
63 S/0 Foothill between Vista Bonita and Wabash
64 E/0 Wabash between Carroll and n'ly alley
65 S/0 Foothill between Wabash and Minnesota
66 W /0 Vermont between Carroll and Vermont
67 E/0 Vermont between Carroll and s'ly end
68 E/0 Glendora between Carroll and Ada
69 E/0 Vista Bonita between Carroll and Ada
70 E/0 Wabash between Carroll and Ada
71 N/0 Gladstone between Bradford and Willow
72 N/0 Gladstone between Willow and Valley Center

2. Item #21. Page 130
Meeting Date: 8/23/2022 / Packet Page #: 566
City of Glendora
Foothill Transit Bus Stop List
Street Cross Street Location Corner Pos. Items Emptied Year Installed Route(s) Route 66 Vecino Dr. Near-side S/W Corner Can Weekly 2005 187 EB Route 66 Grand Ave. Far-side S/E Corner Bench/Can Weekly 2002 187 EB Route 66 Vermont Ave. Far-side S/E Corner Bench/Can Weekly 2005 187 EB Route 66 Glendora Ave. Near-side S/W Corner Bench/Can Weekly 2004 187 EB Route 66 Pasadena Ave. Near-side S/W Corner Bench/Can Weekly 2003 187 EB Route 66 Elwood Ave. Far-side S/E Corner Bench/Can Weekly 2002 187 EB Route 66 Loraine Ave. Mid-block South Bench/Can Weekly 2002 187 EB Route 66 Hunters Trail Near-side S/W Corner Bench/Can Weekly 2005 187 EB Route 66 Lope Ln. Far-side S/E Corner Can Weekly 2002 187 EB Route 66 Lone Hill Ave. Far-side S/E Corner Bench/Can Weekly Replaced 2010 187 EB Foothill Blvd. Amelia Ave. Near-side N/E Corner 2013 187WB Route 66 Lone Hill Ave. Near-side NIE Corner Bench/Can Weekly 187WB Route 66 Compromise Line Dr. Near-side N/E Corner Bench/Can Weekly 2002 187WB Route 66 Hunters Trail Mid-block North Bench/Can Weekly 2002 187 WB Route 66 Loraine Ave. Near-side N/E Corner Bench/Can Weekly 2005 187 WB Route 66 Elwood Ave. Near-side N/E Corner Bench/Can Weekly 2005 187 WB Route 66 Pasadena Ave. Far-side N/W Corner Bench/Can Weekly 2005 187 WB Route 66 Glendora Ave. Far-side N/W Corner Bench/Can Weekly 2006 187 WB/284 SB Route 66 Vermont Ave. Near-side N/W Corner Bench/Can Weekly 2002 187 WB Route 66 Grand Ave. Near-side N/E Corner Bench/Can Weekly 2005 187 WB Route 66 Forestdale Ave. Far-side N/W Corner Bench/Can Weekly 2003 187 WB Route 66 Barranca Ave. Near-side N/E Corner Bench/Can Weekly 187 WB 284NB/494
Lone Hill Ave. Lone Hill Park & Ride Mid-block East WB/690WB Lone Hill Ave. Petunia St. Near-side S/E Corner 284NB/494 WB Lone Hill Ave. Kenoma St. Far-side N/E Corner 284NB/494 WB Lone Hill Ave. Route 66 Far-side N/E Corner 284NB/494 WB Lone Hill Ave. Palopinto Ave. Mid-block East 284NB/494 WB Foothill Blvd. Lone Hill Ave. Far-side N/WCorner 2013 284NB/494 WB Foothill Blvd. Whispering Oaks Dr. Near-side N/E Corner 284NB/494 WB Item #21. Page 131
Meeting Date: 8/23/2022 / Packet Page #: 567
284NB/494
Foothill Blvd. Valley Center Dr. Far-side N/W Corner Trash Can Weekly 2004 WB/851 SB 284NB/494
Foothill Blvd. Loraine Ave. Near-side N/E Corner Bench Weekly 2004 WB/851 SB Foothill Blvd. Elwood Ave. Near-side N/E Corner Bench/Can Weekly 2008 284NB/494 WB Foothill Blvd. Live Oak Ave. Far-side N/W Corner Bench/Can Weekly 2008 284NB/494 WB Foothill Blvd. Minnesota Ave. Near-side N/E Corner 284NB/494 WB Glendora Ave. Foothill Blvd. Far-side S/W Corner Bench/Can Weekly 2003 284NB Glendora Ave. Ada Ave. Far-side S/W Corner 284NB
Vermont Ave. Route 66 Far-side NIE Corner Layover
Glendora Ave. Ada Ave. Far-side N/E Corner Bench/Can Weekly 2004 284 SB/851 NB Glendora Ave. Foothill Blvd. Near-side S/E Corner Bench/Can Weekly 2010 284 SB/851 NB Foothill Blvd. Minnesota Ave. Near-side S/W Corner 284 SB/494 EB Foothill Blvd. Live Oak Ave. Mid-block South Bench/Can Weekly 2008 284 SB/494 EB Foothill Blvd. Barranca Ave. N/E Corner Bench/Can Weekly 2002 Foothill Blvd. Barranca Ave. S/W Corner Bench/Can Weekly 2002 Foothill Blvd. Elwood Ave. Far-side S/E Corner Bench/Can Weekly 2008 284 SB/494 EB Foothill Blvd. Loraine Ave. Far-side S/E Corner Trash Can Weekly 2013 284 SB/494 EB Foothill Blvd. Valley Center Dr. Far-side S/E Corner 284 SB/494 EB Foothill Blvd. Gordon Ave. Near-side S/W Corner 284 SB/494 EB Foothill Blvd. Lone Hill Ave. Near-side S/W Corner 2013 284 SB/494 EB Lone Hill Ave. Palopinto Ave. Near-side N/W Corner 284 SB/494 EB Lone Hill Ave. Route 66 Far-side S/W Corner 284 SB/494 EB Lone Hill Ave. Kenoma St. Near-side N/W Corner 284 SB/494 EB Lone Hill Ave. Petunia St. Near-side S/E Corner 2013 284 NB/494 WB Lone Hill Ave. Petunia St. Far-side S/W Corner 2013 284 NB/494 EB Lone Hill Ave. Lone Hill Park & Ride (0~ Mid-block West Bench/Can Weekly 2010 284 SB/494 EB Lone Hill Ave. Gladstone Ave. Near-side N/W Corner 284SB Grand Ave. Gladstone Ave. Near-side S/W Corner Bench/Can Weekly 2004 488 EB/498 EB Grand Ave. Dawson Ave. Far-side N/E Corner Bench/Can Weekly 2004 488 EB Grand Ave. Citrus Edge St. Near-side S/E Corner Bench/Can Weekly 2001 488 EB/498 EB Grand Ave. Baseline Rd. Far-side N/E Corner Bench/Can Weekly 2002 488 EB/498 EB Grand Ave. Mauna Loa Ave. Near-side S/E Corner Bench/Can Weekly 2001 488 EB/498 EB Grand Ave. Route 66 Far-side N/E Corner Can Weekly 2002 488 EB/498 EB Grand Ave. Ada Ave. Far-side N/E Corner Can Weekly 2002 488EB Foothill Blvd. Valencia St. Near-side N/E Corner 488 EB/494 WB Foothill Blvd. Valencia St. Far-side S/E Corner Bench/Can Weekly 2002 488 WB/494 WB Item #21. Page 132
Meeting Date: 8/23/2022 / Packet Page #: 568
Foothill Blvd. Grand Ave. Near-side S/W Corner Bench/Can Weekly 2002 488 WB/494 WB Grand Ave. Ada Ave. Mid-block West Can Weekly 2002 488WB Grand Ave. Route 66 Far-side S/W Corner Bench/Can Weekly 2004 488 WB/498 WB Grand Ave. Mauna Loa Ave. Near-side N/W Corner Bench/Can Weekly 2004 488 WB/498 WB Grand Ave. Baseline Rd. Near-side N/W Corner Can Weekly 2003 488 WB/498 WB Grand Ave. Citrus Edge St. Far-side S/W Corner Bench/Can Weekly 2002 488 WB/498 WB Grand Ave. Dawson Ave. Mid-block West Bench/Can Weekly 2002 488WB Grand Ave. Gladstone Ave. Far-side S/W Corner Bench/Can Weekly 2002 488 WB/498 WB Arrow Hwy. Strawberry Ln. Mid-block North 492WB
Arrow Hwy. Sunflower Ave. Near-side N/E Corner Bench/Can Weekly 2002 492WB Arrow Hwy. Lyman Ave. Mid-block North 492 WB/851 SB
Arrow Hwy. Bonnie Cove Ave. Far-side N/W Corner 492 WB/851 SB Arrow Hwy. Grand Ave. Near-side N/W Corner Replacement 492WB Arrow Hwy. Glendora Ave. Far-side N/W Corner Replacement 492WB Foothill Blvd. Washington Ave. Far-side S/E Corner Bench Weekly Replacement 494 EB Foothill Blvd. Glendora Ave. Near-side S/W Corner Bench/Can Weekly 2003 494 EB Foothill Blvd. Glendora Ave. Far-side N/W Corner Bench/Can Weekly 2000 494WB Foothill Blvd. Washington Ave. Mid-block North 494WB
Foothill Blvd. Grand Ave. Near-side N/E Corner Bench/Can Weekly 2003 494WB Baseline Rd. Grand Ave. Far-side N/W Corner 690WB
Baseline Rd. Grand Ave. Near-side S/W Corner 690 EB
210 East On-Ramp Lone Hill Ave. Far-side S/E Corner 690 EB Sunflower Ave. Arrow Hwy. Far-side N/E Corner 851 NB
Sunflower Ave. Juanita Ave. Far-side N/E Corner 2013 851 NB Gladstone Ave. Sunflower Ave. Far-side N/W Corner 851 NB Gladstone Ave. Bonnie Cove Ave. Near-side N/E Corner 851 NB Gladstone Ave. Rimhurst Ave. Far-side N/W Corner 2013 851 NB Glendora Ave. Dawson Ave. Mid-block East 851 NB
Lone Hill Ave. S/W Corner Bench/Can Weekly 2010
Glendora Ave. Route 66 Far-side N/E Corner Can Weekly 2004 851 NB Bennett Ave. Vermont Ave. Near-side N/E Corner 851 NB
Bennett Ave. Washington Ave. Near-side N/E Corner 2013 851 NB Bennett Ave. Grand Ave. Near-side N/E Corner Can Weekly Replacement 851 NB Grand Ave. Leadora Ave. Near-side S/E Corner 851 NB
Grand Ave. Sierra Madre Ave. Near-side S/E Corner Can Weekly 2004 851 NB Sierra Madre Ave. Bubbling Well Dr. Mid-block South Can Weekly 2004 851 NB Sierra Madre Ave. Glendora Ave. Near-side S/W Corner 851 NB Item #21. Page 133
Meeting Date: 8/23/2022 / Packet Page #: 569
Sierra Madre Ave. Cullen Ave. Near-side S/W Corner 851 NB Sierra Madre Ave. Live Oak Ave. Far-side S/E Corner 851 NB Sierra Madre Ave. Northridge Ave. Far-side S/E Corner 851 NB Sierra Madre Ave. Loraine Ave. Near-side S/W Corner 2013 851 NB Sierra Madre Ave. Treanor Ave. Near-side S/W Corner 851 NB Sierra Madre Ave. Fountain Springs Ln. Near-side S/W Corner 851 NB Valley Center Dr. Cathrine Park Dr. Mid-block West 2013 851 NB Loraine Ave. Bennett Ave. Near-side S/E Corner 2013 851 SB Loraine Ave. Leadora Ave. Mid-block East 851 SB
Sierra Madre Ave. Loraine Ave. Far-side N/W Corner 2013 851 SB Sierra Madre Ave. Northridge Ave. Mid-block North 851 SB Sierra Madre Ave. Live Oak Ave. Near-side N/E Corner 851 SB Sierra Madre Ave. Sanna Ave. Near-side N/E Corner 851 SB Sierra Madre Ave. Glendora Ave. Near-side N/E Corner 851 SB Sierra Madre Ave. Bubbling Well Dr. Near-side N/E Corner 851 SB Grand Ave. Sierra Madre Ave. Far-side S/W Corner Can Weekly 2003 851 SB Grand Ave. Leadora Ave. Near-side N/W Corner Can Weekly 2003 851 SB Grand Ave. Bennett Ave. Near-side N/W Corner Can Weekly 2003 851 SB Bennett Ave. Washington Ave. Mid-block South Bench Weekly 2000 851 SB Bennett Ave. Vermont Ave. Far-side S/E Corner Bench/Can Weekly 2008 851 SB Sunflower Ave. Juanita Ave. Near-side S/E Corner 2013 851 SB Item #21. Page 134
Meeting Date: 8/23/2022 / Packet Page #: 570
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Item #21. Page 143
Meeting Date: 8/23/2022 / Packet Page #: 579
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Item #21. Page 144
Meeting Date: 8/23/2022 / Packet Page #: 580

EXHIBIT I

BUS STOP LOCATIONS
l ' , I ' I I / ) ~ I • ,
I '
STREET CROSS STREET LOCATION CORNERPOS. ITEMS
ROUTE 66 VECINO DR. NEAR-SIDE S/WCORNER CAN
ROUTE 66 GRAND AVE. FAR-SIDE S/E CORNER BENCH/CAN
ROUTE66 VERMONT AVE. FAR-SIDE S/E CORNER BENCH/CAN
ROUTE66 GLENDORA AVE. NEAR-SIDE S/WCORNER BENCH/CAN
ROUTE 66 PASADENA AVE. NEAR-SIDE S/WCORNER BENCH/CAN
ROUTE 66 ELWOOD AVE. FAR-SIDE S/E CORNER BENCH/CAN
ROUTE 66 LORAINE AVE. MID-BLOCK SOUTH BENCH/CAN
ROUTE 66 HUNTERS TRAIL NEAR-SIDE S/WCORNER BENCH/CAN
ROUTE 66 LOPE LN. FAR-SIDE S/E CORNER CAN
ROUTE 66 LONE HILL AVE. FAR-SIDE S/E CORNER BENCH/CAN
FOOTHILL BLVD. AMELIA AVE. NEAR-SIDE N/E CORNER
ROUTE 66 LONE HILL AVE. NEAR-SIDE N/E CORNER BENCH/CAN
ROUTE 66 COMPROMISE LINE DR. NEAR-SIDE N/E CORNER BENCH/CAN ROUTE 66 HUNTERS TRAIL MID-BLOCK NORTH BENCH/CAN
ROUTE 66 LORAINE AVE. NEAR-SIDE N/E CORNER BENCH/CAN
ROUTE 66 ELWOOD AVE. NEAR-SIDE N/E CORNER BENCH/CAN
ROUTE 66 PASADENA AVE. FAR-SIDE N/W CORNER BENCH/CAN
ROUTE 66 GLENDORA AVE. FAR-SIDE N/W CORNER BENCH/CAN
ROUTE 66 VERMONT AVE. NEAR-SIDE N/W CORNER BENCH/CAN
ROUTE 66 GRAND AVE. NEAR-SIDE N/E CORNER BENCH/CAN
ROUTE 66 FORESTDALE AVE. FAR-SIDE N/W CORNER BENCH/CAN
ROUTE 66 BARRANCA AVE. NEAR-SIDE N/E CORNER BENCH/CAN
LONE HILL AVE. LONE HILL PARK & RIDE MID-BLOCK EAST
LONE HILL AVE. PETUNIA ST. NEAR-SIDE S/E CORNER
LONE HILL AVE. KENOMAST. FAR-SIDE N/E CORNER
LONE HILL AVE. ROUTE 66 FAR-SIDE N/E CORNER
LONE HILL AVE. PALOPINTO AVE. MID-BLOCK EAST
FOOTHILL BLVD. LONE HILL AVE. FAR-SIDE N/WCORNER
FOOTHILL BLVD. WHISPERING OAKS DR. NEAR-SIDE N/E CORNER FOOTHILL BLVD. VALLEY CENTER DR. FAR-SIDE N/WCORNER TRASH CAN FOOTHILL BLVD. LORAINE AVE. NEAR-SIDE N/E CORNER BENCH
FOOTHILL BLVD. ELWOOD AVE. NEAR-SIDE N/E CORNER BENCH/CAN FOOTHILL BLVD. LIVE OAK AVE. FAR-SIDE N/WCORNER BENCH/CAN 63 Item #21. Page 145
Meeting Date: 8/23/2022 / Packet Page #: 581
FOOTHILL BLVD. MINNESOTA AVE. NEAR-SIDE N/E CORNER
GLENDORA AVE. FOOTHILL BLVD. FAR-SIDE S/W CORNER BENCH/CAN GLENDORA AVE. ADA AVE. FAR-SIDE S/WCORNER
VERMONT AVE. ROUTE 66 FAR-SIDE N/E CORNER
GLENDORA AVE. ADA AVE. FAR-SIDE N/E CORNER BENCH/CAN
GLENDORA AVE. FOOTHILL BLVD. NEAR-SIDE S/E CORNER BENCH/CAN FOOTHILL BLVD. MINNESOTA AVE. NEAR-SIDE S/WCORNER
FOOTHILL BLVD. LIVE OAK AVE. MID-BLOCK SOUTH BENCH/CAN
FOOTHILL BLVD. BARRANCA AVE. N/E CORNER BENCH/CAN
FOOTHILL BLVD. BARRANCA AVE. S/WCORNER BENCH/CAN
FOOTHILL BLVD. ELWOOD AVE. FAR-SIDE S/E CORNER BENCH/CAN FOOTHILL BLVD. LORAINE AVE. FAR-SIDE S/E CORNER TRASH CAN FOOTHILL BLVD. VALLEY CENTER DR. FAR-SIDE S/E CORNER
FOOTHILL BLVD. GORDON AVE. NEAR-SIDE S/WCORNER
FOOTHILL BLVD. LONE HILL AVE. NEAR-SIDE S/WCORNER
LONE HILL AVE. PALOPINTO AVE. NEAR-SIDE N/WCORNER
LONE HILL AVE. ROUTE 66 FAR-SIDE S/W CORNER
LONE HILL AVE. KENOMAST. NEAR-SIDE N/WCORNER
LONE HILL AVE. PETUNIA ST. FAR-SIDE S/W CORNER
LONE HILL AVE. LONE HILL PARK & RIDE (OPP.) MID-BLOCK WEST BENCH/CAN LONE HILL AVE. GLADSTONE AVE. NEAR-SIDE N/WCORNER
GRAND AVE. GLADSTONE AVE. NEAR-SIDE S/WCORNER BENCH/CAN GRAND AVE. DAWSON AVE. FAR-SIDE N/E CORNER BENCH/CAN
GRAND AVE. CITRUS EDGE ST. NEAR-SIDE S/E CORNER BENCH/CAN GRAND AVE. BASELINE RD. FAR-SIDE N/E CORNER BENCH/CAN
GRAND AVE. MALINA LOA AVE. NEAR-SIDE S/E CORNER BENCH/CAN GRAND AVE. ROUTE 66 FAR-SIDE N/E CORNER CAN
GRAND AVE. ADA AVE. FAR-SIDE N/E CORNER CAN
FOOTHILL BLVD. VALENCIA ST. NEAR-SIDE N/E CORNER
FOOTHILL BLVD. VALENCIA ST. FAR-SIDE S/E CORNER BENCH/CAN FOOTHILL BLVD. GRAND AVE. NEAR-SIDE S/WCORNER BENCH/CAN GRAND AVE. ADA AVE. MID-BLOCK WEST CAN
GRAND AVE. ROUTE 66 FAR-SIDE S/WCORNER BENCH/CAN
GRAND AVE. MALINA LOA AVE. NEAR-SIDE N/WCORNER BENCH/CAN GRAND AVE. BASELINE RD. NEAR-SIDE N/WCORNER CAN
GRAND AVE. CITRUS EDGE ST. FAR-SIDE S/WCORNER BENCH/CAN GRAND AVE. DAWSON AVE. MID-BLOCK WEST BENCH/CAN
GRAND AVE. GLADSTONE AVE. FAR-SIDE S/WCORNER BENCH/CAN
ARROW HWY. STRAWBERRY LN. MID-BLOCK NORTH
ARROW HWY. SUNFLOWER AVE. NEAR-SIDE N/E CORNER BENCH/CAN ARROW HWY. LYMAN AVE. MID-BLOCK NORTH
64 Item #21. Page 146
Meeting Date: 8/23/2022 / Packet Page #: 582
ARROW HWY. BONNIE COVE AVE. FAR-SIDE N/WCORNER
ARROW HWY. GLENDORA AVE. FAR-SIDE N/W CORNER BENCH/CAN
FOOTHILL BLVD. WASHINGTON AVE. FAR-SIDE S/E CORNER BENCH FOOTHILL BLVD. GLENDORA AVE. NEAR-SIDE S/W CORNER BENCH/CAN FOOTHILL BLVD. GLENDORA AVE. FAR-SIDE N/W CORNER BENCH/CAN FOOTHILL BLVD. WASHINGTON AVE. MID-BLOCK NORTH
FOOTHILL BLVD. GRAND AVE. NEAR-SIDE N/E CORNER BENCH/CAN BASELINE RD. GRAND AVE. FAR-SIDE N/W CORNER
BASELINE RD. GRAND AVE. NEAR-SIDE S/WCORNER
210 EAST ON-RAMP LONE HILL AVE. FAR-SIDE S/E CORNER
SUNFLOWER AVE. ARROW HWY. FAR-SIDE N/E CORNER
SUNFLOWER AVE. JUANITA AVE. FAR-SIDE N/E CORNER
GLADSTONE AVE. SUNFLOWER AVE. FAR-SIDE N/W CORNER
GLADSTONE AVE. BONNIE COVE AVE. NEAR-SIDE N/E CORNER
GLADSTONE AVE. RIMHURST AVE. FAR-SIDE N/W CORNER
GLENDORA AVE. DAWSON AVE. MID-BLOCK EAST
LONE HILL AVE. MARKET PLACE NEAR-SIDE S/W CORNER BENCH/CAN GLENDORA AVE. ROUTE 66 FAR-SIDE N/E CORNER CAN
BENNETI AVE. VERMONT AVE. NEAR-SIDE N/E CORNER
BENNETI AVE. WASHINGTON AVE. NEAR-SIDE N/E CORNER
BENNETI AVE. GRAND AVE. NEAR-SIDE N/E CORNER CAN
GRANO AVE. LEADORA AVE. NEAR-SIDE S/E CORNER
GRANO AVE. SIERRA MADRE AVE. NEAR-SIDE S/E CORNER CAN
SIERRA MADRE AVE. BUBBLING WELL DR. MID-BLOCK SOUTH
SIERRA MADRE AVE. GLENDORA AVE. NEAR-SIDE S/W CORNER
SIERRA MADRE AVE. CULLEN AVE. NEAR-SIDE S/W CORNER
SIERRA MADRE AVE. LIVE OAK AVE. FAR-SIDE S/E CORNER
SIERRA MADRE AVE. NORTH RIDGE AVE. FAR-SIDE S/E CORNER
SIERRA MADRE AVE. LORAINE AVE. NEAR-SIDE S/W CORNER
SIERRA MADRE AVE. TREANOR AVE. NEAR-SIDE S/W CORNER
SIERRA MADRE AVE. FOUNTAIN SPRINGS LN. NEAR-SIDE S/W CORNER VALLEY CENTER DR. CATHRINE PARK DR. MID-BLOCK WEST
LORAINE AVE. BENNETI AVE. NEAR-SIDE S/E CORNER
LORAINE AVE. LEADORA AVE. MID-BLOCK EAST
SIERRA MADRE AVE. LORAINE AVE. FAR-SIDE N/W CORNER
SIERRA MADRE AVE. NORTHRIDGE AVE. MID-BLOCK NORTH
SIERRA MADRE AVE. LIVE OAK AVE. NEAR-SIDE N/E CORNER
SIERRA MADRE AVE. BANNAAVE. NEAR-SIDE N/E CORNER
SIERRA MADRE AVE. GLENDORA AVE. NEAR-SIDE N/E CORNER
SIERRA MADRE AVE. BUBBLING WELL DR. NEAR-SIDE N/E CORNER GRANO AVE. SIERRA MADRE AVE. FAR-SIDE S/W CORNER CAN
65 Item #21. Page 147
Meeting Date: 8/23/2022 / Packet Page #: 583
GRAND AVE. LEADORA AVE. NEAR-SIDE N/W CORNER CAN
GRAND AVE. BENNETI AVE. NEAR-SIDE N/W CORNER CAN
BENNETI AVE. WASHINGTON AVE. MID-BLOCK SOUTH BENCH
BENNETI AVE. VERMONT AVE. FAR-SIDE S/E CORNER BENCH/CAN ARROW HWY. GRAND AVE. N/W CORNER BENCH/CAN
66 Item #21. Page 148
Meeting Date: 8/23/2022 / Packet Page #: 584

EXHIBIT J

SPECIFICATIONS FOR HYDRO TEK POWER WASHER
3000psi
Sgallons per minute
18hp pump
2900w generator
200gallon water tank
Stainless steel high pressure hose
Reel with hose and wand
Vacuum recovery system
Smicron filtration system for water reuse
Containment berms, vacuum hose
Self-contained unit that does not require any outside power source 67 Item #21. Page 149
Meeting Date: 8/23/2022 / Packet Page #: 585

FIRST AMENDMENT TO THE

FRANCHISE AGREEMENT
BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC.,

FOR INTEGRATED WASTE MANAGEMENT

BY AND BETWEEN

CITY OF GLENDORA
AND
ARAKELIAN ENTERPRISES, INC.

D/B/A ATHENS SERVICES
SEPTEMBER 1,2014
AMENDMENT DATED AS OF JUNE 9, 201 5
1 Item #21. Page 150
Meeting Date: 8/23/2022 / Packet Page #: 586

FIRST AMENDMENT TO THE FRANCHISE AGREEMENT BETWEEN

THE CITY OF GLENDORA AND
ARAKELIAN ENTERPRISES, INC. FOR
INTEGRATED WASTE MANAGEMENT, SEPTEMBER 1, 2014
This FIRST AMENDMENT TO THE FRANCHISE BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE MANAGEMENT, SEPTEMBER 1,2014 (this "First Amendment") is entered into as of the 9 th day of June, 2015 between the City of Glendora, California, a municipal corporation, ("City") and Arakelian Enterprises, Inc., a California corporation (doing business as, and referred to in this Agreement as, "Athens Services"), for the collection, transportation, recycling, composting and disposal of Solid Waste from specified properties in the City of Glendora.

RECITALS
WHEREAS, the City is empowered under Section 7 of Article XI of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("the Act", commonly referred to as "AB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions; and WHEREAS, the California Constitution and the Act authorize the City to determine the aspects of solid waste handling which are of local concern, including the means by which solid waste services are to be rendered and whether solid waste services are to be provided on an exclusive or non-exclusive basis; and
WHEREAS, the City Council of the City of Glendora has determined that the public health, safety and well-being require that an exclusive franchise be awarded to a qualified solid waste enterprise to provide integrated waste management, to arrange with Solid Waste Customers for the collection of Solid Waste, including the recovery of Recyclable Solid Waste, and the collection and disposal of Solid Waste from specified properties within the City; and WHEREAS, the City Council of the City of Glendora declares its intention to maintain reasonable rates for collection and disposal of Solid Waste and collection and recycling of Recyclable Solid Wastes within the City concurrent with achieving state-mandated landfill diversion and recycling marks as established by AB 939; and WHEREAS, on September 1,2014, City and Athens Services entered into a

CONTRACT AND FRANCHISE AGREEMENT BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC., FOR INTEGRATED WASTE MANAGEMENT (the "September 1, 2014 Contract"), (a copy of which is attached hereto as Exhibit 1 and made a part hereof), and
2 Item #21. Page 151
Meeting Date: 8/23/2022 / Packet Page #: 587

ARAKELIA ENTEAP
1 4Z
ES, INC.

By:

Gary Clifford, Executive Vice Presidg
/
Attest:

Tim Powell, Chief Offrating Officer
By: W04,44._
Karen K. Davis, Mayor
Attest: tr.
-KAthleen R. Sessman, City Clerk
WHEREAS, Exhibit D of the September 1, 2014 Contract currently requires City Council approval of the non-discretionary annual CPI and landfill gate rate adjustments; and WHEREAS, the City Council of the City of Glendora and Athens Services desire to amend the September 1, 2014 Contract to allow the city manager or his or her designee to approve the non-discretionary annual CPI and landfill gate rate adjustments rather than requiring City Council approval.

NOW, THEREFORE, the parties, in consideration of their respective mutual promises, agree as follows:

Section D1.1 of Exhibit D attached to the FRANCHISE AGREEMENT BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE MANAGEMENT, dated September 1, 2014, is hereby amended to read as follows:
"Section D1.1 Adjustment Request
Athens Services may request an adjustment to the maximum permitted rates annually, to be effective each July 1. Athens Services shall submit its request in writing, to be received by City in person or via certified mail, by the preceding March I. The request shall be based on the method of adjustment described in this Section DI of Exhibit D. Failure to submit a written request by March 1 shall result in Athens Services waiving the right to request such an increase for that year.

Annual adjustment to the maximum rates calculated in accordance with this Section DI is subject to the approval of the City Manager, or his or her designee." All other terms and conditions of the FRANCHISE AGREEMENT BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE MANAGEMENT, dated September 1, 2014, shall remain the same and shall remain in full force and effect.

The effective date for this First Amendment shall be June 9,2015.

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed.

APPROVED AND ADOPTED this 9' day of June, 2015.
3 Item #21. Page 152
Meeting Date: 8/23/2022 / Packet Page #: 588
Exhibit 1 — September 1, 2014 Contract
4 Item #21. Page 153
Meeting Date: 8/23/2022 / Packet Page #: 589

FRANCHISE AGREEMENT
BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC.

FOR INTEGRATED WASTE MANAGEMENT

BY AND BETWEEN

CITY OF GLENDORA
AND
ARAKELIAN ENTERPRISES, INC.

D/B/A ATHENS SERVICES
EFFECTIVE SEPTEMBER 1, 2014
1 Item #21. Page 154
Meeting Date: 8/23/2022 / Packet Page #: 590

TABLE OF CONTENTS
PAGE
SECTION 1 — DEFINITIONS 4
SECTION 2— SERVICE AREA 9
A . Franchi se servi ce A rea 9
SECTION 3 — SERVICES PROVIDED BY ATHENS SERVICES 9
A. Description of Services 9
B. Street Sweeping Services 9
C. Mandatory Customer Service 9
D. Vehicles and Equipment 9
E. Repair of Damaged Pavement 10
F. Repair of Damaged Property 10
CL City Facilities/Community Events Collection 1 I
H .

I.

Sharps
Electronic Waste Collection

I I
J. 1-11-1W Program II
K.

L. Graffiti Removal
Walk-Out Service for Disabled

12 M. Bus Stop Maintenance 13
N. Composting Bin Sale 14

0. Annual Compost Give-away 15
P. Emergency Collection Services 15
Q. Transition Assistance 15
SECTION 4— METHODS OF COLLECTION AND PROCESSING 16
A. Methods of Collection Services 16
I. Residential Solid Waste — Services to be Performed 16

2. Multi-Family Bin. Commercial, and Industrial Solid Waste 16

3. Containers for Solid Waste and Green Waste 16

4. Solid Waste Not Placed in Approved Containers 17

5. Collection Time 17

6. Collection Routes 17

7. Collection on Holidays 17

8. Collection Standards 17

9. Roll-off and Lowboy Bins 17

10. Bulky Waste 18

11. Special Waste 18

12. Christmas Trees 18

13. Scout and Push-Out Service 18

14. Locking Lid Fees 18

15. Abandoned Bulky Item Collection 19

16. Dedicated Routes 19
1 Item #21. Page 155
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C. Right to Impound 19
D. Nlinimum Diversion Requirement 19
E. Construction and Demolition Debris 70
F. Missed Pickups 70

0. Disposal Facility 70

13. City Billing and Collection Responsibility
C. Athens Billing and Collection Responsibility
D. Franchise Fee
SECTION 6— EFFECTIVE DATE AND TERM OF AGREEMENT
E. Environmental Administrative Fee

7 1
SECTION 7— crry CONSENT REQUIRED FOR TRANSFER OR CHANGE OF CONTROI "2
A. Transfer 22
C.

13. Change in Control
Transfer Consent Process

77 SECTION 8 — MISCELLANEOUS PROVISIONS
A.

G.

C.

E.

F.

B.

D.

No Joint Association
Notices
No Gratuities
Anti-Discrimination Clause
Entire Agreement
Interpretation
Independent Contractor

I.

L.

Attorney's Fees
Captions
Severance Clause
Venue
Waiver

EXHIBIT A SPECIAL WASTES
77 EXHIBIT B

EXHIBIT C

GENERAL PROVISIONS

RATE AND FEE SCHEDULE

48 EXHIBIT RATE ADJUSTMENT 52
EXHIBIT E CITY FACILITIES SERVICE 55
EXHIBIT F Intentionally left blank 57
EXHIBIT G Annually Renewable Perfonnanee 13ond 58
SECTION 5 — FEES FOR SERVICES
A. Basic Rates
7 0
70 7 0
7 0
71 77
2 Item #21. Page 156
Meeting Date: 8/23/2022 / Packet Page #: 592
BOND # 58
EXHIBIT H STREET SWEEPING 60
EXHIBIT I BUS STOP LOCATIONS 63
3 Item #21. Page 157
Meeting Date: 8/23/2022 / Packet Page #: 593

FRANCHISE AGREEMENT BETWEEN

THE CITY OF GLENDORA AND
ARAKELIAN ENTERPRISES, INC. FOR

INTEGRATED WASTE MANAGEMENT
This CONTRACT AND FRANCHISE BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE
MANAGEMENT (this "Agreement") is entered into this I s' day of September, 2014 between the City of Glendora. California. a municipal corporation. ("City") and Arakelian Enterprises, Inc., a California corporation (doing business as, and referred to in this Agreement as, "Athens Services"), for the collection, transportation. recycling. composting and disposal of Solid Waste from specified properties in the City of Glendora.

RECITALS
WHEREAS, the City is empowered under Section 7 of Article XI of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and
WHEREAS, as further described below, due to the complex legal nature of solid waste collection and the need for an integrated waste management system which disposes of waste in a healthful and economic fashion, reduces generation and promotes reuse and recycling, limits the potential for waste to degrade water sources or contaminate the environment, City finds it necessary to award an exclusive franchise to a single franchisee, and for such privilege, and in consideration of Athens Services' obligations hereunder, City shall collect a franchise fee, and an environmental administrative fee to assist in covering the City's costs in addressing mitigation of environmental impacts, as provided herein; and
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989. ("AB 939" or the "Act") and subsequent additions and amendments (codified at California Public Resources Code Section 40000 et seq.), established a Solid Waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste management practices for Solid Waste attributed to sources within their respective jurisdictions; and WHEREAS, California Public Resources Code § 40059 provides that aspects of Solid Waste handling of local concern include but are not limited to frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste services, and whether the services are to be provided by means of nonexclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by local government under terms and conditions prescribed by the governing body of the local agency; and
WHEREAS, the California Constitution and the Act authorize the City to determine the aspects of solid waste handling which are of local concern, including the means by which solid 1 Item #21. Page 158
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waste services are to be rendered and whether solid waste services are to be provided on an exclusive or non-exclusive basis; and
WHEREAS, the Federal Clean Water Act of 1972 establishes water quality standards for all contaminants in surface waters, requires the implementation of wastewater pollution control programs, and authorizes the National Pollutant Discharge Elimination System (NPDES) permit system to control water pollution by regulating point sources that discharge pollutants into waters of the United States, which stonnwater programs are administered regionally through rules, regulations and mandates promulgated by the Los Angeles Regional Water Quality Control Board: and
WHEREAS. City is obligated to protect the public health and safety of the residents and businesses in the City, and arrangements made by solid waste enterprises and recyclers for the collection of Residential and commercial Solid Wastes should be made in a manner consistent with the exercise of the City's police power for the protection of public health and safety: and WHEREAS, City and Athens Services are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of Residential and commercial Solid Waste, including AB 939, AB 341, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et. seq.; the Electronic Waste Recycling Act of 2003 (SB 20, Chapter 526, Statutes of 2003: SB 50, Chapter 863, Statutes of 2004: AB 575 Chapter 59. Statutes of 2011), laws governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices ("U WED"). non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries, alkaline batteries, carbonzinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury-containing switches: and
WHEREAS. City and Athens Services 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 § 107(a)(3) and that it is Athens Services, an independent entity, not City, which will arrange to collect Solid Waste from single family dwellings, multiple family dwellings, City and Commercial Customers in the City, transport for recycling and disposal and dispose of Solid Wastes which may contain small amounts of household products with the characteristics of hazardous wastes, collect and compost Green Waste and collect and recycle Recyclable Materials from single family dwellings, multiple family dwellings, City, and commercial customers in the City, and collect and recycle or dispose of Construction and Demolition Materials ( -C & D Materials"); and WHEREAS, Athens Services represents and warrants to City that Athens Services has the experience and qualifications to conduct recycling and waste diversion programs, to provide City with information sufficient to meet the City's reporting requirements to CalRecycle and any other State, County, or additional agencies with jurisdiction over the portion of the City's waste stream that is collected by Athens Services, and that Athens Services shall submit any such data required by the City to meet its reporting obligations in a format specified in this Agreement: and 2 Item #21. Page 159
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WHEREAS, Athens Services represents that it employs qualified persons responsible for the day-to-day collection, safe transport, and disposal of Solid Wastes and that such persons will operate equipment and otherwise conduct all activities in a safe manner which shall minimize the adverse effects of collection vehicles on air quality and traffic, and that Franchisee has the ability to indemnify City in accordance with this Agreement; and WHEREAS, the City Council of the City has determined that the public health, safety and well-being require that an exclusive franchise be awarded to a qualified solid waste enterprise to provide integrated waste management, to arrange with Solid Waste Customers for the collection of Solid Waste, including the recovery of Recyclable Solid Waste, and the collection and disposal of Solid Waste from specified properties within the City: and WHEREAS, the City Council of the City declares its intention to maintain reasonable rates for collection and disposal of Solid Waste and collection and recycling of Recyclable Solid Wastes within the City concurrent with achieving state-mandated landfill diversion and recycling marks as established by all applicable laws; and
WHEREAS, on August II. 1992, City and Athens Services entered into a CONTRACT

AND FRANCHISE BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE MANAGEMENT which contract was amended by that certain FIRST AMENDMENT TO CONTRACT AND FRANCHISE BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE MANAGEMENT entered into on October 25, 1994 and by that certain

SECOND AMENDMENT TO CONTRACT AND FRANCHISE BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES. INC. FOR INTEGRATED WASTE MANAGEMENT entered into on April 14, 1998 (collectively, the "Original Contract"); and WHEREAS, on December 1, 2000, City and Athens Services entered into an

AMENDED AND RESTATED CONTRACT AND FRANCHISE BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE MANAGEMENT (the "First Amended and Restated Contract") to amend and restate the Original Contract: and
WHEREAS, on December 1, 2006, City and Athens Services entered into a

FRANCHISE AGREEMENT BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, 1NC.FOR INTEGRATED WASTE MANAGEMENT BY AND BETWEEN CITY OF GLENDORA AND AFtAKELIAN ENTERPRISES, INC. D/B/A ATHENS SERVICES EFFECTIVE DECEMBER 1,2006 (the "2006 Contract"); and WHEREAS. on December 1,2013, City and Athens Services entered into a nine (9) month extension of the FRANCHISE AGREEMENT BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES. INC.FOR INTEGRATED WASTE MANAGEMENT BY AND BETWEEN cry OF GLENDOFtA AND ARAKELIAN ENTERPRISES, INC. D/B/A ATHENS SERVICES EFFECTIVE DECEMBER 1,2006 (the "2013 Contract Extension"): and WHEREAS, the parties entered into negotiations for a new agreement and now hereby desire to enter into the instant Agreement as more fully set forth below.

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NOW, THEREFORE, the parties hereto, in consideration of their respective mutual promises, agree as follows:

SECTION 1 — DEFINITIONS
General. Whenever any term used in this Agreement is defined in the Municipal Code of the City of Glendora ("Municipal Code") or Division 30, Part I. Chapter 2 of the California Public Resources Code, as they may be amended, the definition in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement.

A. AB 939
"AB 939" means the California Integrated Waste Management Act of 1989, codified in part as Public Resources Code Section 40000 et. seq., (including additional requirements implemented in response to AB 341) as it may be amended from time to time, and any regulations that may be adopted from time to time by any agency of the State of California to implement said Act.

B. Annual Report
"Annual Report" shall mean the Annual Report required by SECTION B7.F1 of EXHIBIT B of this Agreement.

C. Basic Rates
"Basic Rates" are those rates designated as such in EXHIBIT C plus the City established Franchise Fee. Basic Rates are subject to adjustment as set forth in EXHIBIT D.

D. Bulky Waste
"Bulky Waste" means large and small household appliances including items referred to as "brown goods" or electronic waste (including but not limited to refrigerators, toaster ovens, hair dryers and other electric-corded items, televisions, computer-related items, and cellular telephones), furniture, carpets, mattresses, hot water heaters and other similar items restricted for placement at curbside by single-family and multi-family (can or bin service) dwelling units only.

Bulky Waste does not include Green Waste, garbage, manure or significant construction and demolition materials.

E. City
"City" shall mean the City of Glendora, California, a municipal corporation.

F. City Clerk
"City Clerk" means the City Clerk of the City.

G. City Council
"City Council" means the City Council of the City.
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H. City Limits
"City Limits" means the existing boundaries of the City together with all subsequent amendments and changes thereto, which boundaries are shown by maps on file in the office of the City Clerk of the City.

I. City Manager
"City Manager" means the City Manager of the City or any person who the City Manager may from time to time designate to perform any of the functions of the City Manager under this Agreement.

J. Curbside Service
"Curbside Service" means a Residential Property Customer's placement of one or more residential solid waste container(s) adjacent to a street or public right of way for the express purpose of facilitating the collection of solid waste by Athens Services.

K. Customer
"Customer" means a person in charge of day-to-day activities at premises to which Athens Services is to provide services under this Agreement. In order for the City to carry out its obligations under applicable law, via a third party solid waste hauler and recycler, each customer is required to subscribe to the appropriate level of service provided under this Agreement, pursuant to Glendora Municipal Code Section 6.08.140.

L. Disposal Site
"Disposal Site" means a legally operated landfill or transformation facility (e.g. waste to energy facility) which constitutes the ultimate destination site for Solid Waste and Green Waste.

M. Dwelling Unit
"Dwelling Unit" means a house, an apartment. a mobilehome. a group of rooms or a single room that is occupied or intended for occupancy as separate living quarters in which the occupants live and eat separately from any other people in the building and which have direct access from the outside of the building or through a common hall. A room or series of rooms that are part of a Dwelling Unit sharing a common address and not separately metered will not be deemed to be a separate dwelling unit.

N. Franchise Fee
"Franchise Fee" shall mean a fee in consideration of the City's grant of this Exclusive Franchise, and to partially offset City's expenses in administering its Solid Waste and recycling program. as well as the wear and tear on the city's streets and rights of way caused by the operations of Athens Services in performing this Agreement, but does not include any fee 5 Item #21. Page 162
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within the meaning of Public Resources Code § 41901 or within the scope of Government Code § 66016. as currently and as hereafter amended.

0. Graffiti
"Graffiti" means and includes any unauthorized inscription, word. figure, mark, adhesive sticker or design that is written, marked, etched, scratched, drawn ;or painted on real or personal property.

P. Green Waste
"Green Waste" shall mean leaves, grass clippings, brush, branches, limbs and other forms of organic materials generated from landscapes or gardens. and incidental pieces of scrap lumber no longer than twenty-four inches (24") long, separated from other Solid Waste. "Green Waste" includes Christmas trees but does not include stumps or branches exceeding three inches (3") in diameter or three feet (3') in length, or palm fronds, yucca leaves or cactus, which are not suitable for composting.

Q. Green Waste Bundle
"Green Waste Bundle" shall mean tree, shrub and brush trimmings which are securely tied together forming an easily-handled package not more than three feet (3') long or thirty-five pounds in weight, tied with a compostable material.

R. Hazardous Waste
"Hazardous Waste" means any hazardous or toxic substance, material or waste which is regulated by any local governmental authority, the State of California, or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (ii) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115. 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (iii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (iv) defined as a "hazardous material." "hazardous substance." or "hazardous waste" under Sections 25501 (j) and (k) and 25501.1 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (v) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (vi) "used oil" as defined under Section 25250.1 of the California Health and Safety Code: (vii) asbestos; (viii) listed under Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations: (ix) defined as waste or a hazardous substance pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (x) designated as a "toxic pollutant" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. Section 1317; (xi) defined as a "hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901. et seq. (42 U.S.C. § 6903); (xii) defined as a "hazardous substance" 6 Item #21. Page 163
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pursuant to the Comprehensive Environmental Response. Compensation and Liability Act, 42 U.S.C. Section 9601. et seq. (42 U.S.C. § 9601); (xiii) defined as "Hazardous Material" pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. Section 5101, et seq. or (xiv) defined as such or regulated by any "Superfund" or "Superlien" law, or any other Federal. State or local law, statute, ordinance, code, rule, regulation., order or decree regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials and/or oil wells and/or underground storage tanks and/or pipelines, as now, oral any time herealler, in effect. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition.

S. Materials Recovery Facility (MRF)
"Materials Recovery Facility" or "MRF" shall mean a facility permitted by the California Integrated Waste Management Board which accepts solid waste for the purpose of recycling. The residual is consolidated and transported to a Disposal Site.

T. ivIRF Gate Fee
"MRF Gate Fee" means the total dollar amount of the tipping fee, MRF processing fee and any other duly authorized charges, assessments and taxes levied against Athens Set-vices for the disposal of Solid Waste, as defined in EXHIBIT D of this Agreement.

U. Non-Residential Property
"Non-Residential Property" means any property other than residentially developed property.

V. Recyclable Material
"Recyclable Material" shall mean a commodity with value, which may be sold or given away. In either instance: (1) the Recyclable Materials must be segregated from and not mixed with Solid Waste; and (2) the seller/donor may not pay the buyer/donee (other than Athens Services) any consideration for collecting, processing or transporting such Recyclable Materials, or as a consulting fee for recycling services. A discount or reduction in price for collection, disposal and/or recycling services for any form of unsegregated or segregated Residential Solid Waste is not a sale or donation of Recyclable Materials and does not qualify for this exception. All Recyclable Material that is discarded into the waste stream loses its character as a Recyclable Material and becomes Solid Waste subject to this Agreement. 7 Item #21. Page 164
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W. Recyclable Solid Waste
"Recyclable Solid Waste" means that part of the Solid Waste stream which can become Recyclable Material and which has been source-separated from other forms of Solid Waste.

Recyclable Solid Waste can include paper, metal. plastic. glass and construction and demolition materials such as concrete, dry wall and asphalt, organic materials including Green Waste, wood and other Recyclable Solid Wastes as appropriate.

X. Refuse
"Refuse" means any trunk or limb of a tree, asphalt. concrete, construction material and waste, demolition material, and dirt. Refuse does not include tree limbs and branches in a Green Waste Bundle or bags and boxes.

Y. Residential Property
"Residential Property" means a detached house, each unit of a multi-family dwelling and shall also include mobile home parks within the City, but not nursing homes or convalescent centers, barracks, dormitories or other similar places or institutions.

Z. Solid Waste
"Solid Waste" means all putrescible and nonputrescible solid and semisolid wastes, including garbage, manure. Refuse, and rubbish. Solid Waste includes Bulky Waste, Green Waste Bundles and Recyclable Solid Wastes. Solid Waste does not include any Special Waste.

AA. Special Waste
"Special Waste" means all the items and materials which are set forth in EXHIBIT A. which is attached, and, by this reference, is incorporated into this Agreement.

BB. Transfer Fee
"Transfer Fee" means the payment of an amount by Athens Services to the City to reimburse the City for its investigative, administrative, consulting, legal counsel, advertisement and other related time and expenses incurred in the processing of an application for approval of the transfer of the Franchise and Contract.
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CC. Transfer Station
"Transfer Station" means a facility permitted by CalRecycle (formerly California Integrated Waste Management Board), which accepts solid waste for the purpose of consolidated and transportation efficiency to an ultimate disposal site.

SECTION 2— SERVICE AREA
A. Franchise Service Area
Athens Services shall provide the services required under this Agreement to all properties within the City Limits. This Agreement shall be exclusive to Athens Seiwices.

SECTION 3 — SERVICES PROVIDED BY ATHENS SERVICES
A. Description of Services
Athens Services shall make arrangements for the collection. MRE processing, recycling and disposal of the non-recyclable residuals of all Solid Wastes, including Recyclable Solid Wastes and Green Wastes, for all property described in SECTION 2, except for property within the jurisdiction of other public entities (ie, Glendora Unified School District, Charter Oak Unified School District, etc.) according to the terms set forth in this Agreement, including, but not limited to EXHIBIT B (which is attached, and which, by this reference is incorporated into this Agreement), the applicable requirements of Chapter 6.08 of the Municipal Code and all other applicable federal, state or local laws and regulations currently in effect on the date of this Agreement, and reasonable industry standards for similar Solid Waste services in similar cities in Southern California.

B. Street Sweeping Services
Street sweeping services shall be provided at no charge to the City for all residential streets, alleys, designated public parking lots and all commercial streets. The street sweeping schedule is set forth in Exhibit H and made a part hereof The schedule may be amended from time to time with the prior written consent of the City and Athens Services. All street sweeping shall conform to all applicable city, county, state, and federal regulations currently in effect on the date of this Agreement.

C. Mandatory Customer Service
Athens Services shall provide, and all premises within the Franchise Service Area shall subscribe to and accept the services provided pursuant to this Agreement. City shall enforce the Glendora Municipal Code as it relates to Solid Waste regular collection and removal services in accord with § 6.08.260. Prohibited Public Nuisance.

D. Vehicles and Equipment
Athens Services shall furnish, at its own expense, an adequate number of vehicles and equipment required to perform the services required under this Agreement. The vehicles 9 Item #21. Page 166
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used in the collection of solid waste shall be of a covered type which compresses the load hydraulically, mechanically or by some equivalent means and no vehicle shall be more than twelve (12) years old. All vehicles used by Athens Services under this Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall meet all applicable safety standards, shall be kept clean and in good repair, shall be uniformly painted, and shall visibly display Athens Services name, telephone number and vehicle number in letter and figures no less than five inches (5") high and no more than eight inches (8") high. Solid Waste and Green Waste collection vehicles shall be washed at least once every seven (7) calendar days and shall be odor free.

All equipment used by Athens Services under this Agreement shall be subject to inspection by all applicable jurisdictional agencies, including but not limited to the Los Angeles County Health Officer or the officer's deputies and California Highway Patrol, shall comply with all regulations imposed by any applicable Los Angeles County ordinance, shall be subject to inspection by City on a semi-annual basis, and shall comply with all applicable local, state and Federal laws and regulations currently in effect on the date of this Agreement. All front loader trucks used by Athens Services under this Agreement shall be powered by compressed natural gas (CNG), liquid natural gas (LNG), or any other clean fuel meeting or exceeding the standards for clean fuels established by the South Coast Air Quality Management District; provided, however, that Athens Services will place the order for such front loader trucks within ten (10) days after execution of this Agreement and Athens Services will not be required to comply with this sentence until such trucks are delivered by the manufacturer and placed in service, or until nine (9) months after execution of this Agreement, whichever occurs first.

E. Repair of Damaged Pavement
Any identifiable damage to the paved surfaces of public rights-of-way or private streets that directly results from the weight or operation of vehicles which provide Solid Wastes collection services pursuant to this Agreement shall be repaired or replaced by Athens Services. at Athens Services' sole expense, within thirty (30) days after receiving a notice to repair the public right-of-way from the City or a complaint about damage to a private street from any person who owns or is in lawful possession of real property that has access to the private street, provided that Athens Services determines that the damage was the direct result of the weight or operation of any of its vehicles. In the event that Athens Services does not undertake repairs, the exclusive remedy of City or of the complainant shall be a civil action.

F. Repair of Damaged Property
Any physical damage caused by the negligent or willful acts or omissions of officers, employees, servants or agents of Athens Services to private or City property or City rights-of-way shall be repaired or replaced by Athens Services, at Athens Services sole expense, within thirty (30) days after receiving a notice to repair City property or City rights-of-way from the City or a complaint about damage to private property from any person who owns or is in lawful possession of such property.
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G. City Facilities/Community Events Collection
City Facilities - Athens Services shall collect and dispose of all Solid Waste, Green Waste, and compostables generated at premises owned and/or operated by the City. Athens Services shall make collections from cans Monday through Friday or on Saturdays following non-working holidays earlier in that week at the frequency set out in EXFIIBIT E. Commercial (bin) and industrial "roll-oft" collections shall be scheduled as designated by the City. The facilities to be provided service initially, together with the type and frequency of service, are listed in EXHIBIT E. which may be modified or expanded by the City.

City-Sponsored Events - City may request free bins, litter boxes and liners, and pick up and disposal or diversion services, for up to twenty (20) community events per year sponsored at least in part by the City as designated by the City Manager.

The services required by this Section G shall be provided by Athens Services or its subcontractors at no additional charge to the City.

H . Sharps
Beginning September I. 2014, Athens Services shall provide containers for the safe collection and disposal of Sharps and Infectious Waste to single and multi-family (can or bin service) residents as needed. "Sharps" include, but are not limited to, hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications or medical testing. Athens Services will deliver containers to residents' door within one week of a Customer's request, either by mail or drop-off. Company shall provide as many containers as requested and as may be reasonably personally used by residents at no additional charge to City, program participants or ratepayers. Sharps containers shall be pre-paid mail back containers. Athens Services may, but shall not be required to, additionally offer for door-to-door collection of such containers through the HI-1W program.

Company will develop and distribute public education materials to promote this program, including promoting this program through its website and other outreach activities targeting seniors. "Infectious Waste" means waste capable of producing an infection or pertaining to or characterized by the presence of pathogens including, but not limited to, certain wastes generated by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary hospitals and medical testing labs and any waste that includes animal waste.

I. Electronic Waste Collection
Electronic Waste. or -e-waste" and select universal wastes shall be collected through the bulky item collection program, as described in Section 4.A.I 0 of this Agreement, at no additional cost to City or rate payers. E-waste to be collected includes, but is not limited to:
televisions; computers and monitors, small appliances (toasters. hairdryers, etc.); and mobile telephones and similar devices. Universal wastes to be included are household batteries and florescent bulbs (tubes and compact florescent bulbs -CFLs-).

J. EIHW Program
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Beginning September 1, 2014, at no extra charge to the customers, Athens Services will provide Household Hazardous Waste, or HHW, collection to single and multifamily residents at Residential Properties located in City. Athens Services will provide 111-1W collection up to three times per year. Athens Services shall advise residents of a point of collection away from the street, curb or gutter, such as a porch.

Materials collected will include, at a minimum, the following:

Garden Chemicals (such as fertilizer, insect sprays, weed killers, and other poisons);
Swimming Pool Chemicals (such as pool acid and liquid and tablet chlorine):

Automotive Waste (such as motor oil, antifreeze, waxes, polishes, cleaners, brake fluid, gasoline, used oil filters, oily rags, transmission fluid, windshield washer fluid, hydraulic fluid, and automotive batteries);
Paint Products (such as oil-based, latex and spray paints, stripper, stains. caulking, wood preservatives, glue: and thinner);
Household Cleaners (such as bleach, cleaning compounds. floor stripper, drain cleaner, tile remover, tile cleaners, and rust remover): and, Miscellaneous Household Waste (such as household batteries, fluorescent tubes, thermometers, hobby glue, artist's paint, and non-controlled pharmaceuticals).

Athens Services may provide educational material directing residents to dispose of electronic waste through the bulky item program and Sharps through the Sharps program.

Athens Services shall be required to send a public outreach piece to all Residential Dwelling units at the beginning of the program with a program description, the start date, materials to be collected. and instructions on how to call in for a pickup.

K. Walk-Out Service for Disabled
At no additional charge, Athens Services shall provide disabled residents with walk-out service. Athens Services will remove refuse, recyclable and green waste containers and green waste bundles from resident's storage area, place them out for collection, and return containers to resident's storage area after collection, ensuring that all doors or gates are closed securely. In order to qualify as disabled under this section, residents must have been issued a handicap placard from the Department of Motor Vehicles, provided a letter from a medical doctor indicating the disability, or otherwise obtained approval to receive such service from the City. Additionally, walk-out service need not be provided if an able-bodied person resides with the disabled resident.

Graffiti Removal
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At no additional charge, Athens Services shall provide Graffiti Removal Services for the removal of graffiti in the City of Glendora specified as follows:

Graffiti Removal Services shall be provided six (6) days per week. Monday through Saturday, excepting New Years Day. Presidents Day, Memorial Day, Independence Day. Labor Day, Thanksgiving Day. and Christmas Day, upon twenty four (24) hours of notification by the City, in order to meet the City's goal to have at least ninety percent (90%) of graffiti removed within 24. hours of being reported and one hundred percent (100%) of graffiti removed within 48 hours of being reported or identified.

In certain public safety "Hot Spots", Athens Services shall use commercially reasonable efforts to remove graffiti within twelve (12) hours of notification by the City's Police Chief or his designee. Hot Spots is an area where graffiti has been placed by gangs, and/or graffiti involving hate crimes and/or inflammatory graffiti.

City shall manage a 24 hour graffiti removal hotline service. This service is currently operational and will continue through the duration of this Agreement. Athens Services shall be given 24 hour access to the hotline to secure the list of locations received through that system.

Athens Services shall have the ability to access the hotline, and will monitor it for reported locations on a daily basis. The City manages a dedicated e-mail address whereby citizens may report graffiti incidents. These requests will be forwarded to an e-mail address specified by Athens Services. Athens Services shall monitor the e-mail messages on a daily basis.

Graffiti Removal Services must be provided on all surfaces within commercial, residential, industrial and public properties including street signs, bus benches, and park facilities. Athens Services shall provide the graffiti removal from all surfaces, including porous and non-porous surfaces. Upon the City's approval. Athens Services may utilize sacrificial coatings to facilitate removals on unpainted surfaces. For painted surfaces. Athens Services shall provide color matching.

Athens Services shall maintain the resources, personnel, and equipment necessary to manage the level of service required by the City. Athens Services shall submit a work plan within thirty (30) days of the effective date of this Agreement for review and approval by the City Director of Public Works and Police Chief.

M. Bus Stop Maintenance
Beginning September 1,2014, Athens Services will provide maintenance of the City's bus stops in accordance with the following specifications. Exhibit I lists the existing and proposed shelters, benches. trash receptacles, sidewalks and gutters locations to be maintained within the City of Glendora by Athens Services.

All maintenance service time periods shall be subject to the approval of the City and arranged to cause the least inconvenience to transit users.

Athens Services shall furnish all labor, materials, water, equipment and services required to perform the bus stop maintenance as set forth in this specification:
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I . Athens Services shall be responsible for trash removal and the replacement of trash bags in all trash receptacles at each location three times per week: Monday.

Wednesday and Friday. Debris, trash, and associated undesirable items. etc. shall be removed from the site area and disposed of legally and properly to the City's satisfaction at Athens Services' expense. The site area includes all areas within twenty-five (25) feet of the outer edges of all the bus stop furniture and only that property which is part of the public right-of-way.

2. Every Monday (unless such is a Federal holiday, then on Wednesday). Athens Services shall clean all interior and exterior visible metal and concrete surfaces, taking care not to damage any of the finishes. Athens Services shall also clean all glass & Plexiglas surfaces for any and all bus shelters. Athens Services shall use a dry cleaning method (i.e., no pressure washing) as well as a mop, broom, or rag to clean the entire bus stop/shelter (including but not limited to bus furniture, shelter structure, trash receptacles and signs ) and area within a 5-foot radius from all sides of bus furniture, shelter structure, trash receptacles and signs, including sidewalks, curbs and gutters, including but not limited to removal of all debris such as_bottles, cans, papers, glass, dirt, etc., to a condition that is broom-clean. Adjacent areas shall be protected by Athens from over-spray, dust, and similar effects of the cleaning operations.

3. The first week of the months of March, June, September, and December, Athens Services shall use high-pressure water spray on metal and concrete surfaces. All debris that is accumulated due to this operation shall be cleaned up and disposed of at the time such operation takes place. Clean all other surfaces on which graffiti is to be removed with a cleaner and/or method approved by the City. In accordance with best management, practices (BMP) the following guidelines must be used when pressure washing:
a. Prior to any washing, block all storm drains with an impervious barrier such as sandbags or berms. or seal the storm drain with plugs or other appropriate materials (and clean accumulated debris and remove blocking materials when finished); b. Create a containment area with berms and traps or take advantage of a low spot to keep wash water contained; and
c. Use vacuums or other machines to remove and collect loose debris or litter before applying water.
d. Use applicable commercial and regulatory best practices and procedures.

4. Athens will use a Hydro Tec SCU Pro Tow Wash to perform the service on the bus stops described in this Section 3.M. Related specifications are set forth on Exhibit J hereto.

5. Emergency call out - Athens Services must respond within 4 hours of receiving emergency requests for services.

N. Composting Bin Sale
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Athens Services shall provide composting bins and worm bins for sale to the customers served pursuant to this Agreement. The City shall determine the type of bin to be sold and the reduced price to be charged to the residents. Athens shall deliver the bins within seven (7) business days. Composting literature, to be provided by the City to Athens, must be delivered by Athens along with each bin. The balance of costs shall be paid out of the Environmental Administrative Fee in Exhibit C.

0. Annual Compost Give-away
Athens Services shall provide compost give-away to Customers on a semi-annual basis on dates, times and locations to be agreed upon by the City and Athens Services.

P. Emergency Collection Services
At rates to be agreed to by Athens Services and City, Athens Services will assist City at City Manager's request with emergency collection, processing and disposal service (in the event of major disaster, such as an earthquake, storm, riot or civil disturbance), or as otherwise determined necessary by City Manager, by providing collection equipment and drivers normally assigned to City.

Q. Transition Assistance
Prior to and at the end of the term, or in the event this Agreement is terminated for cause prior to the end of the term. Athens Services shall cooperate fully with City and any subsequent solid waste enterprise it designates to assure a smooth transition of solid waste handling services.

Athens Services' cooperation shall include, but not be limited to, providing route lists, billing information and other operating records needed to service all premises covered by this agreement. Cooperation is required in a timely manner to assist with the City's preparation of a request for proposals or a new agreement, as well as at the time of transition. 15 Item #21. Page 172
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SECTION 4 — METHODS OF COLLECTION AND PROCESSING
A. Methods of Collection Services
I. Residential Solid Waste — Services to be Performed
Once each week. Athens Services shall separately collect from Residential (single and multi-family) Properties Solid Waste and Green Waste, which have been placed at curbside in barrels, containers or, in the case of Green Waste, Green Waste Bundles, prior to normal collection time on collection days.

Customers that regularly set out more than the equivalent of ten ( 10) 33-gallon barrels shall be charged double the RC I rate set forth in EXHIBIT C.

2. Multi-Family Bin, Commercial, and Industrial Solid Waste As frequently as requested by the Customer, but not less ofien than once per week, Athens Services shall collect from each premises not serviced under Section 4.A.I above (including, but not limited to commercial, industrial and governmental customers, and multifamily customers with that receive refuse collection using bins) where Solid Waste is generated or accumulated, all Solid Waste, which has been placed in bins provided by Athens Services at a location on the premises designated by the Customer prior to Athens Services normal collection time on each collection day. Athens Services shall post all its bins in the City with conspicuous warning notices to the effect that the disposal of Hazardous Waste in bins is dangerous and is prohibited.

Athens Services shall maintain its bins used in the City free of "tagging" or graffiti; graffiti shall be removed within two business days of notice from City or Customer provided to Athens, or observation by Athens Services' driver. See Exhibit B, Section B I 5.3.E for liquidated damages. Athens Services shall maintain all containers in working order, and shall repair or replace any non-functioning container within two business days of notification of damage or disrepair.

Athens Services shall clean all of its bins used to serve the City's customers on an as needed basis., with one cleaning or container exchange provided for each bin at no additional charge once per calendar year. For additional cleanings, or exchanges for the purpose of obtaining a clean bin, Athens Services may charge customers in accordance with the approved rate schedule (Exhibit C)

3. Containers for Solid Waste and Green Waste
Residential Customers, and not Athens Services, shall provide their own barrels, wheeled carts, bags or other containers suitable for the temporary accumulation and collection of Solid Waste and Green Waste. Athens Services shall provide City with labels, approved by Athens Services, for use by Residential Customers to identify the Customer's barrels used for Green Waste. Athens Services shall provide wildlife tamper proof barrels or cans at customers cost to customers upon their request.
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Athens Services shall provide bins to those Customers requiring the use of bins.

Non-Residential Customers not requiring the use of bins shall provide their own barrels, wheeled cans, suitable for the temporary accumulation and collection of:Solid Waste and Green Waste.

4. Solid Waste Not Placed in Approved Containers
Athens Services may refuse to collect Solid Waste and Green Waste, other than Bulky Waste, which has not been placed in approved containers, barrels, bins, bags or Green Waste Bundles. If Athens Services refuses to collect Solid Waste, including Green Waste, pursuant to this Section, Athens Services shall make a record of such refusal and place a tag on the materials not collected which states the reason for the Athens Services refusal to make the collection and provide a copy of the record to the City on a monthly basis.

5. Collection Time
Athens Services shall not perform collection services between the hours of 6:00 p.m. and 6:00 a.m., Monday through Saturday. No collection services are to be performed on Sunday. Collection service hours are subject to change by mutual written consent of the City Manager and Athens Services.

6. Collection Routes
Athens Services shall perform all collection services over routes established by Athens Services. Athens Services acknowledges City's interest in easing traffic congestion and for that reason agrees to submit proposed route changes to City, and to consider City's comments prior to making route changes. City and Athens Services will work together to adjust route starting points or other route issues to accommodate customer requests. •

7. Collection on Holidays
If the day of collection on any given route falls on a designated legal holiday or on any other legal holiday observed by the lawful Disposal Site, MRF and transfer station to which Solid Waste or Green Waste collected under this Agreement are taken, Athens Services shall provide collection service for such route on the next work day following such holiday and shall not provide collection service on such holiday. Designated legal holidays are: New Year's Day. Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

8. Collection Standards
All collections shall be made as quietly as reasonably possible under the circumstances and no unnecessary noise or commotion shall be made in the course of collection.

Athens Services shall place barrels, cartons and other Solid Waste containers, including Green Waste, at curbside after the contents have been collected.

9. Roll-off and Lowboy Bins
On the first collection day that occurs after the day on which a Customer's request is received by Athens Services, Athens Services shall deliver requested roll-off bins (including 17 Item #21. Page 174
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30 yard and 40 yard bins) and lowboy bins (10 yard) to the Customer's residential or NonResidential Property. Each bin shall be marked to identify Athens Services and shall have a reflector not less than four (4) inches in diameter permanently affixed to each of the four corners of the two narrowest sides of the bin. Athens Services shall post all its roll-off and lowboy bins in the City with conspicuous warning notices to the effect that the disposal of Hazardous Waste in bins is dangerous and is prohibited. In the event the bin needs to be deposited on City property (ie. City street), Athens Services shall notify the City and the customer shall obtain from City the applicable Temporary Encroachment Permit or a Temporary Placement on Street Permit for the bin.

10. Bulky Waste
Athens Services shall collect Bulky Waste generated at a Customer's premises and left at Customer's point of collection on the Customer's regular collection day at no extra charge to the Customer. There shall be a limit of four (4) cubic yards of Bulky Waste that a Customer may have collected on any regular collection day but there shall be no limit on the number of regular collection days that Bulky Waste can be set out for collection. At the request of the City. Athens Services shall pick up bulky waste left in the City right of way or City property.

11. Special Waste
Athens Services shall not knowingly collect, transport or dispose of Special Waste (for list refer to EXHIBIT A).

12. Christmas Trees
Athens Services shall collect Christmas trees set out for collection. Christmas trees set ont for collection must be free of decorations and flocking and must have stands removed. Christmas tree collections shall begin on the first collection day after December 25th and shall continue for two weeks thereafter. Athens Services shall provide Christmas tree collections from City facilities and both single and multi-family Customers, whether refuse bin or can customers, at no additional charge to the City or Customer. Athens Services shall divert all trees collected from landrilling. with an exception for trees with decorations or flocking.

Athens Services shall publicize this service via its website and through billing messages.

13. Scout and Push-Out Service
If it is operationally required to use a smaller -scout" vehicle to transport a bin from its storage location to the point of collection. or if the customer requests that such a scout vehicle be used, then Athens Services may charge customer a scout fee in accordance with the approved rate schedule. Customers may not be charged for "push-out" services, if the bin is manually positioned for collection.

14. Locking Lid Fees
If a Customer requests that Athens Services provide a lock for its bin(s), Athens Services may charge Customers a monthly locking lid fee based on the number of pickups in 18 Item #21. Page 175
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each month in accordance with the approved rate schedule (see Exhibit C). No one-time fees for the lock or set up may be assessed.

15. Abandoned Bulky Item Collection
Athens Services will collect, process and dispose of, at no additional charge, within one business day of notification from City or customer, or company observation, all Bulky Items left in the City's right-of-way, such as sidewalks, alleys, streets, and parkways.

16. Dedicated Routes
Solid waste collected in the City may not be commingled in collection vehicles with solid waste from other jurisdictions, unless the City approves in writing of the specific commingled routes and the tonnage allocation method to be used.

B. Materials Recovery Facility (MRE') Processing
All Solid Waste collected by Athens Services pursuant to this Agreement shall be processed through an Athens Services Materials Recovery Facility (the site currently used is located at 14048 Valley Boulevard. City of Industry. California) in order to maximize the diversion of Solid Waste from landfilling or disposal at a transformation facility sufficient to satisfy the City's AB939 requirements and all other applicable regulations currently in effect on the date of this Agreement. Athens Services shall assist Customers in complying with the Construction and Demolition Waste Management requirements of Glendora Municipal Code Chapter 6.09, including but not limited to providing Customers with invoices and/or other documentation evidencing the amount of construction and demolition waste diverted pursuant to Glendora Municipal Code Section 6.09.100.

C. Right to Impound
In the event an unauthorized provider of solid waste services sets out bins anywhere in the City, in violation of the exclusivity provision set forth in Section 2.A of this Agreement, the City shall delegate to Athens Services the authority to remove and impound such bins pursuant to the Municipal Code.

D. Minimum Diversion Requirement
Athens Services shall divert from landfills an amount necessary for the City to achieve the legally mandated minimum by the State of California; provided, however, that notwithstanding any other provision of this Agreement, Athens Services shall not be required to achieve a diversion rate in excess of 75% without an appropriate increase in rates to be agreed upon by Athens Services and City. Recycling of materials not collected by Athens Services is counted towards meeting this requirement. For the purposes of this section, diversion includes recycling, transformation and other forms of converting solid waste into energy to the extent that such diversion is accepted by the State toward meeting the City's diversion goal under AB 939.

However, if CalRecycle ceases to accept solid waste used as alternative daily cover at landfills as diversion, there will be no adjustment to compensation or the minimum Diversion rate due to this limitation.
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E. Construction and Demolition Debris
Athens Services guarantees that each individual construction or demolition project that falls under Title 6, Chapter 6.09 of the Municipal Code meets the 50% City requirement per the Code. Athens Services will consult with construction and demolition debris Customers to assist in project diversion planning.

F. Missed Pickups
Athens Services shall make up any missed pickup the same day if notified prior to noon, and the next business day if notified after noon.

G. Disposal Facility
Subject to the provisions of Section B6, the disposal facilities approved for use under this agreement is the Mid Valley Landfill, Victorville Landfill and San Timoteo Landfill in the San Bernardino County Landfill System.

SECTION 5 — FEES FOR SERVICES
The rates for services to be performed pursuant to this Agreement are set forth in EXHIBIT C, which is attached and, by this reference, incorporated into this Agreement. The rates set forth in EXHIBIT C shall be adjusted as set forth in EXHIBIT D. which, too, is attached and, by this reference, incorporated into this Agreement.

Except as expressly authorized in this Agreement, Athens Services shall not make any charges to Customers served under this Agreement. The Basic Rates set forth in EXHIBIT C, as they may be adjusted from time to time, include the cost of any collection of Bulky Waste by Athens Services. The non-Basic Rates set forth in EXHIBIT C. as they may be adjusted from time to time, are for services not included within the Basic Rates.

A. Basic Rates
The Basic Rates for services to be performed pursuant to this Agreement are set forth in EXHIBIT C. which is attached and, by this reference, incorporated into this Agreement.

The Basic Rates set forth in EXHIBIT C shall be adjusted as set forth in EXHIBIT D. which, too, is attached and, by this reference, incorporated into this Agreement.

B. City Billing and Collection Responsibility
Other than as set forth in this Agreement or in the Municipal Code, the City shall have no responsibility for billing or collection of any of the Rates for any of the services performed by Athens Services pursuant to this Agreement.

C. Athens Billing and Collection Responsibility
Athens Services shall bill and collect all Rates for all services performed by Athens Services pursuant to the terms of this Agreement in the City limits for which the 20 Item #21. Page 177
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Customer is required to pay for service pursuant to Chapter 6.08 (Solid Waste) of the Glendora Municipal Code pursuant to the rate schedule listed in Exhibit C. Athens Services shall remit to City the Franchise Fee and Environmental Administrative Fee billed and collected pursuant to the rate schedule listed in Exhibit C.

Applicable commercial accounts may be billed monthly on the first day of each month for that month's service, and residential accounts may be billed quarterly in advance.

Payment terms for accounts billed monthly by Athens Services are net thirty (30) days. Payment terms for accounts billed quarterly by Athens Services are net ninety (90) days. Customer payments not received upon completion of service are considered delinquent. Late fees at I1/2% per month will be assessed on all delinquent balances. If said delinquent payments are not received within thirty (30) days, Athens Services may stop services and refer the respective premise to the City for public nuisance enforcement pursuant to § 6.08.260. A notice/warning of a pending stop service will be prepared by Athens Services and delivered to the delinquent account owner and premise no less than seventy-two (72) hours prior to the service stoppage. If no payment by delinquent Customer is made to Athens Services within fifteen (15) days after referral to the City for code enforcement purposes, the account may be cancelled by Athens Services, the Customer's security deposit, if any. may be credited against the past due balance, and any remaining balance due Athens Services will be considered a bad debt and may be submitted by Athens Services to a collection agency.

Athens Services shall have the sole responsibility to collect at its expense from all Customers billed pursuant to this Agreement.

D. Franchise Fee
The City Council shall establish a Franchise Fee by Resolution to be effective at the commencement of the term of this Agreement and to run concurrently with any rate adjustment, pursuant to EXHIBIT C. The established Franchise Fee shall be paid by Athens Services to City within 30 days of collection of the Rates from the customers by Athens Services.

E. Environmental Administrative Fee
Athens Services shall pay to the City an Environmental Administrative Fee as set forth in EXHIBIT C. The Environmental Administrative Fee is associated with the cost of managing and responding to comprehensive waste stream collection and disposal including, without limitation. MS4 permits, third-party contract oversight, community awareness programs and Glendora Municipal Code enforcement.

SECTION 6— EFFECTIVE DATE AND TERM OF AGREEMENT
The term of this Agreement shall be for a period of ten (10) years, commencing September 1, 2014 and ending at midnight on August 31, 2024: provided. however, (i) both City and Athens Services may contract to extend the term of this Agreement at any time and (ii) no later than eight (8) years from the date hereof, City and Athens Services will meet to discuss extending the term of this Agreement, understanding that the parties have no obligation to enter into another agreement when the term of this Agreement terminates.

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SECTION 7 — CITY CONSENT REQUIRED FOR TRANSFER OR CHANGE OF

CONTROL
A. Transfer
The Franchise granted by this Agreement shall not be transferred, sold, hypothecated, sublet or assigned (collectively "Transferred"), nor shall any of the rights, duties or privileges herein be transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of Athens Services or by operation of law, without in each case the prior written consent of the City expressed in writing by resolution of the City Council.

The decision of the City Council shall be final. In the event of any unauthorized Transfer. City reserves the right to immediately terminate this Agreement.

B. Change in Control
Any change in control of Athens Services shall require the prior written consent of the City Council. "Change in control" shall mean any sale, transfer or acquisition of Athens Services. Any acquisition of more than fifty percent (50%) of Athens Services holding stock by a person or group of persons acting in concert who already own less than fifty percent (50%) of the voting stock shall be deemed a change in control: provided, however, no change of ownership shall be deemed to have occurred if the person who, or each person in the group of persons acting in concert that, acquires the stock is a lineal descendant or a whole blood sibling of Ron Aralcelian, Jr. or Michael Arakelian.

For purposes of this subsection. "lineal descendant" shall mean a child, grandchild or great-grandchild, whether by birth or by adoption. Any change in control of Athens Services occurring without City Council consent shall constitute a material breach of this Agreement.

C. Transfer Consent Process
Any request for a transfer of the obligations and rights under this Agreement or for a change in control of Athens Services shall be made in a manner prescribed by the City Council.

The written request shall include the Transfer fee, in an amount as set by the City Council, to cover all anticipated direct and indirect administrative costs including, but not limited to. City staff time. consultants and attorneys necessary to adequately analyze the application and transfer consent request. The Transfer fee shall not exceed fifteen thousand dollars ($15,000) which amount may be increased annually by the City on July 1st by the percentage by which the Consumer Price Index-All Urban Consumers-Los Angeles Metropolitan Area has increased during the period May through April over its level as of April 30th of the preceding year.

SECTION 8— MISCELLANEOUS PROVISIONS
A. Independent Contractor
It is expressly understood and agreed that at all times in the performance of this Agreement,'Athens Services shall be deemed to be an independent contractor, and all persons 79 Item #21. Page 179
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employed by Athens Services in connection with this Agreement shall be employees of Athens Services, and not employees of City in any respect. All work hereunder shall be done and performed to the satisfaction of the City Manager of City who shall from time to time have the right, as circumstances require. to issue reasonable orders, directions and instructions to Athens Services, having for their purpose the attainment of the results herein sought to be accomplished; provided however, that the means whereby such results are to accomplished shall at all-time be under the control of Athens Services. It is further understood and agreed that neither Athens Services, nor any employee of Athens Services shall be deemed to be an agent or employee of City. Athens Services, its agents, servants and employees shall not hold themselves out to be the agents or employees of City in any manner whatsoever. Athens Services shall not use the firm name containing any words implying municipal ownership.

B. No Joint Association
Nothing contained in this Agreement shall be deemed, construed or represented by the City or Athens Services to any third person to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between the City and Athens Services.

C. No Gratuities
Athens Services shall not, nor shall it permit any of its officers, employees, servants or agents to, request, solicit, demand or accept, either directly or indirectly, any additional compensation or gratuity for the collection of Solid Wastes, otherwise required to be collected under this Agreement beyond that provided for by this Agreement.

D. Anti-Discrimination Clause
In the performance of this Agreement, Athens Services shall not engage in discrimination in employment of persons because of the age, race, color, sex, marital status, national origin or ancestry. religion or physical handicap of such persons or for any other illegal reason.

F. Notices
Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows:

TO: City of Glendora
116 E. Foothill Boulevard
Glendora, CA 91741-3380
Attn: City Manager
TO: Athens Services
c/o Arakelian Enterprises, Inc.

P.O. Box 60009
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Industry, CA 91716-0009
Attn: Chief Operating Officer
Either party may. from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered and received upon receipt by personal service or upon the second (2nd) day after deposit in the United States mail.

Any notice or other writing required to be given by, or to, the City pursuant to this Agreement shall be given by, or to, the City Manager, except as otherwise expressly provided in the Agreement.

F. Entire Agreement
This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto.

G. Interpretation
Should interpretation of this Agreement, or any portion thereof, be necessary. it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared.

H. Waiver
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.

I. Attorney's Fees
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of, any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof Severance Clause
If any non-material provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. 24 Item #21. Page 181
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Venue
This Agreement is made, entered into, and executed in Los Angeles County.

California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court that serves Los Angeles County.

L. Captions
The captions and headings of the various SECTIONs, subsections, paragraphs and subparagraphs of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective SECTIONs and subsections hereof 25 Item #21. Page 182
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410
Nelson Mayor
Attest: A eIN WITNESS WHEREOF. the parties have caused this Agreement to be duly executed. _ APPROVED AND ADOPTED this /3 day ot 2014.

ARAKELIAN ENTERPRISES. INC.
.

Y OF GLENDORA
By:

Attest:
in Arakelia President
A 1
Trelian. Secretary Kathlieen R.Sessman. City
Clerk
26 Item #21. Page 183
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EXHIBIT A

SPECIAL WASTES
Flammable waste
Containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.) Waste transported in a bulk tanker
Liquid waste
Sewage sludge
Waste from a pollution control process
Residue and debris from the cleanup of a spill or release of chemical substances, commercial products or any other Special Wastes
Contaminated soil, waste, residue, debris and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling. reclamation or disposal of any other Special Wastes
Waste water
Explosive substances
Radioactive materials
Materials which have been exposed to highly infectious or contagious disease, except for the Sharps Waste identified in Section 3.1-I
Hazardous Substances or Hazardous Waste, except for Household Hazardous Waste identified in Section 3.1 and 3.J
Medical Waste, except for Sharps Waste and Infections Waste identified in Section 3(H) 27 Item #21. Page 184
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EXHIBIT B

GENERAL PROVISIONS
SECTION BI —SECURITY BOND
Concurrently with execution of this Agreement, Athens Services shall deliver to City a performance bond or cash bond in the sum of the amount of One Hundred Thousand Dollars ($100,000.00), which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement, unless such requirement is waived by the City Council. The bond shall contain the original notarized signature of an authorized officer of the surety. The bond will be %Nil tt en on an annual basis, renewable by continuation certificate at the surety's sole option. Non-renewal of the bond by the surety. nor inability of Athens Services to replace the bond, will not in and of itself constitute a loss under the bond. Such bond shall be in the form of attached EXHIBIT G. naming the City as obligee. The condition of the bond shall be such that if Athens Services shall well and truly perform in accordance with the terms and conditions of this Contact, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Alternatively, Athens Services may provide an irrevocable letter of credit in the same amount, drawn upon a financial institution, in a form acceptable to the City attorney. The letter of credit shall be the sole responsibility of Athens Services, and shall be released within thirty (30) days after both (i) the expiration of the term of this Agreement, or upon the earlier termination hereof; and (ii) Athens Services' satisfactory performance of all obligations hereunder.

A combination of these instruments, totaling $100,000, is acceptable.

SECTION 82— INSURANCE
Athens Services shall procure and maintain during the entire term of this Agreement the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims which may arise from or in connection with Athens Services' performance hereunder or the actions or inactions of any of Athens Services' officers, agents, representatives, employees, or subcontractors in connection with Athens Services' performance.

The insurance requirements hereunder in no way limit Athens Services' various defense and indemnification obligations, or any other obligations as set forth herein.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. The most recent editions of Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01).

2. The most recent editions of Insurance Services Office form number CA 00 01 covering Automobile Liability, code 1 "any auto."
28 Item #21. Page 185
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3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.

B. Minimum Limits of Insurance.

Athens Services shall maintain in force for the term of this Agreement limits no less than:

Comprehensive General Liability: Ten Million Dollars ($10,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per occurrence for bodily injury, personal injury and property damage.

2. Automobile Liability: Five Million Dollars ($5,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per accident for bodily injury and property damage.

3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

4. Pollution Legal Liability: Ten Million Dollars ($10,000.000) limit aggregate and Five Million Dollars ($5,000.000) limit per occurrence.

C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention's as respects City, its officials, employees and agents; or Athens Services shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions
The policies are to contain the following provisions:

I. General Liability and Automobile Liability Coverages (a) City, its elective and appointive boards, commissions, officials, employees, agents and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Athens Services; products and completed operations of Athens Services; Premises owned, leased or used by Athens Services; or vehicles owned, leased, hired or borrowed by Athens Services. The coverage shall contain no special limitations on the scope of protection afforded to City, its elective and appointive boards, commissions, officials, employees, agents or volunteers.
(b) Athens Services' insurance coverage shall be primary insurance as respects City, its elective and appointive boards, commissions. officials, 29 Item #21. Page 186
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employees, agents and volunteers. Any insurance or self-insurance maintained by City, its officials, elective and appointive boards. commissions, employees, agents or volunteers shall be excess of Athens Services' insurance and shall not contribute with it.
(e) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, elective and appointive boards, commissions. employees, agents or volunteers.
(d) Coverage shall state that Athens Services' insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

2. Workers' Compensation and Employers Liability Coverage - The insurer shall agree to waive all rights of subrogation against City, its officials, elective and appointive boards, commissions, employees, agents and volunteers for losses arising from work performed by Athens Services for City.

E. Acceptability of Insurers
The insurance policies required by this Section shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category VII or larger and a rating classification of A- or better.

F. Verification of Coverage
Athens Services shall furnish City with certificates of insurance affecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by or acceptable to City and are to be received and approved by City before work commences. City reserves the right to require complete. certified copies of all required insurance policies, at any time.
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G. Companies and Subcontractors
Athens Services shall include all companies and subcontractors as insureds under its policies or shall furnish separate certificates for each company and subcontractor. All coverages for companies and subcontractors shall be subject to all of the requirements stated herein.

H. Delivery of Proof of Coverage
Simultaneously with the execution of this Agreement, Athens Services shall furnish City certificates of each policy of insurance required hereunder, in form and substance satisfactory to City. Such certificates shall show the type and amount of coverage, effective dates and dates of expiration of policies. If City requests, copies of each policy shall also be promptly delivered to City.

Renewal certificates will be fiimished periodically to City to demonstrate maintenance of the required coverage throughout the term.

Other Insurance Requirements

1. In the event any services are delegated to another company or subcontractor.

Athens Services shall require such company or subcontractor to provide statutory workers' compensation insurance and employer's liability insurance for all of the company's or subcontractor's employees engaged in the work in accordance with this SECTION B2. The liability insurance required by this SECTION B2 shall cover all Athens Services companies or subcontractors or subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this SECTION B2.

2. Athens Services shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Athens Services from any obligation under this Agreement. If any claim exceeding the amount of any deductibles or self-insured reserves is made by any third person against Athens Services or any Athens Services company or subcontractor on account of any occurrence related to this Agreement, Athens Services shall promptly report the facts in writing to the insurance carrier and to City.

3. If Athens Services fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Athens Services' expense, such insurance as it may deem proper and deduct the cost thereof from any moneys due Athens Services.

SECTION B3 — PUBLIC ACCESS TO ATHENS SERVICES
Athens Services shall maintain and publish a local telephone number and toll free number. Athens Services' regular office hours, at a minimum, shall be from 7:00 a.m. to 5:00 p.m. daily on all collection days that fall on a weekday. Monday through Friday. A designated representative of Athens Services shall be available via both telephone numbers and in person during regular office hours for communication with Customers. During all hours other than 31 Item #21. Page 188
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regular office hours, Athens Services shall provide the means by which Customers can call the local telephone number and leave a message. Within 90 days after the effective date of this Agreement, Athens Services shall implement an automatic and web based public access system for Customers.

SECTION B4 — CUSTOMER COMPLAINTS
A. Service Complaints
All Customer complaints shall be directed to Athens Services. Athens Services shall record all complaints received by mail. internet. telephone or in person. Athens Services shall use its best efforts to resolve each complaint by close of business on the second collection day following the date on which such complaint is received.

Athens Services record of each complaint shall list the date the complaint was received, the means by which the complaint was communicated, the complainant's name, service address and mailing address, the nature of the complaint, and when and what action was taken by Athens Services to resolve the complaint. All such records shall be maintained for a period of twenty-four (24) months and shall be available for inspection by the City in accordance with SECTION B8.A below.

B. Notice to Customers of Complaint Procedures
Athens Services shall give notice of the provisions of this Section to current Customers annually during the first billing period immediately following July 1st and to new Customers at the time they apply for service. Each of Athens Services bills to Customers shall include Athens Services contact information, including contact information for complaints.

C. Complaint Resolution Procedures
A Customer dissatisfied with Athens Services' resolution of a complaint may ask the City to review the complaint. To obtain this review, the Customer must file a written request with the City Manager within 30 days after receipt of Athens Services written response to the complaint or 45 days after submitting the complaint to Athens Services, whichever date occurs first.

The City Manager shall determine if the complaint is justified, and if so, may order that Athens Services pay to the complainant an amount of money that does not exceed one hundred percent (100%) of the rate for the service complained of for the time period covered by the complaint or order Athens Services to provide the service at issue to the Customer.

SECTION B5 — PROTECTION OF CUSTOMER PRIVACY
Athens Services shall not market or distribute mailing lists with the names and addresses of Customers.

Information identifying individual Customer or the composition or contents of a Customer's Solid Waste may only be used by Athens Services in behalf of City in the preparation, participation or assistance in the preparation of any waste characterization study or 32 Item #21. Page 189
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waste stream analysis which may he required or necessitated by Al) 939, state or Federal laws or regulations, or this Agreement.

SECTION 116— OWNERSHIP OF SOLID WASTES AND GREEN WASTE
Once Solid Wastes, are placed for collection at curbside, ownership and the right to possession shall transfer directly from the Customer to Athens Services, by operation of law, and not as the result of the Municipal Code or this Agreement. Athens Services shall have the right to retain, compost, dispose of or use Solid Wastes, which it collects in any lawful manner and for any lawful purpose desired by Athens Services and to retain any benefit or profit resulting therefrom.

Notwithstanding the preceding paragraph, or any other provision of this Agreement, Athens Services shall utilize the most cost-effective landfill Disposal Site, Green Waste facility or market for Recyclable Solid Waste. In the determination of "cost-effectiveness", transportation costs will be included in the calculation and analysis.

The City, notwithstanding the previous ownership paragraph, shall have the right to review and approve of all destinations for solid waste as provided for in this Agreement including the most cost effective landfill Disposal Site including transportation costs, Green Waste or compost site or recyclables market. Solid Wastes and Green Waste which are disposed of at a disposal site shall become the property of the owner or operator of the disposal site once deposited there by Athens Services.

SECTION 117— RECORDS, REPORTS AND INFORMATION REQUIREMENTS A. General
Athens Services shall maintain such accounting, statistical and other records related to its performance under this Agreement as shall be necessary to develop the financial statements and other reports required by this Agreement. Also, Athens Services agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with applicable laws and regulations currently in effect on the date of this Agreement and to meet the related reporting and Solid Waste program management needs of City. To this extent, such requirements set out in this and other sections of this Agreement shall not be considered limiting or necessarily complete. In particular. this section is intended to only highlight the general nature of records and reports and is not meant to define exactly what the records and reports are to be and their content. Further, with the written direction or approval of City, the records and reports to be maintained and provided by Athens Services in accordance with this and other sections of the Agreement shall be adjusted in number, format, or frequency.

B. Records General
Athens Services shall maintain records required to conduct its operations, to support requests it may make to City. and to respond to requests from City in the conduct of City business. Adequate record security shall be maintained to preserve records from events that can be reasonably anticipated such as a fire, theft and earthquake. Electronically maintained 33 Item #21. Page 190
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data/records shall be protected and backed up. All records shall be maintained for five (5) years after the expiration of this Agreement.

Athens Services agrees that the records of any and all companies conducting operations addressed in the Agreement shall be provided or made available to City and its official representatives during normal business hours. City may review or utilize any of the records described in this section for any purpose whatsoever. Such records include, but are not limited to financial, solid waste. CERCLA and disposal records.

C. Financial Records
Athens Services shall maintain financial records relating to its operations pursuant to this Agreement separate and segregated from such records relating to its other operations.

Athens Services shall maintain at least the following records:

Audited financial statements for the Athens Services as a whole: and

2. Statements of revenue and expense, reviewed by auditors, for this Agreement segregated from the other operations of Athens Services (Including without limitation those operations of Athens Services in City and surrounding jurisdictions which are not covered by this Agreement). including a description of segregation methodology.

D. Solid Waste Records
Athens Services shall maintain the following records relating to its operations pursuant to this Agreement:

I. Customer services and billing records;

2. Records of tons collected, processed, diverted and disposed by waste stream (Refuse. Recycling. Green Waste), and the facility used for such tonnages (transfer station. MRF. transformation facility or landfill): and

3. Quantity of Recyclable Materials recovered by material type, as well as quantity of material diverted from landfills in compliance with AB 939. and all other applicable state and Federal laws and regulations.

E. CERCLA Defense Records
City views the ability to defend against the Comprehensive Environmental Response.

Compensation and Liability Act (CERCLA) and related litigation as a matter of 'Neat importance. For this reason, the City regards the ability to prove where Solid Waste collected in the City was taken for disposal, as well as where it was not taken, to be matters of concern.

Athens Services shall maintain data retention and preservation systems which can establish where Solid Waste collected in the City was landfilled (and therefore establish where it was not landfilled) for not less than fifty (50) years following the termination of this Agreement, and 34 Item #21. Page 191
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agrees to notify City Manager before destroying such records thereafter. At any time, including after the expiration of the term hereof, Athens Services shall provide copies of such records to City. The requirements of this Section shall survive the expiration of the term of this Agreement.

F. Disposal Records
Athens Services shall maintain records of disposal of all Solid Waste collected in City for the period of this Agreement and all extensions to this Agreement or successor Agreements. In the event Athens Services discontinues providing Solid Waste handling services to City, Athens Services shall provide all records of disposal or processing of all Solid Waste collected in City within thirty (30) days of discontinuing service. Records shall be in chronological and organized form and readily and easily interpreted.

G. Monthly Reports
The information listed below shall be the minimum reported on a monthly basis. The reports shall be delivered to the City bY the 15 thday of each month for the prior month:

I. Solid Waste collected by Athens Services for the prior month, sorted by type of Solid Waste (Refuse. Recycling Solid Waste, Green Waste) in tons collected and disposed, and the facilities where the tons were processed or disposed.

2. Warning notices issued for contaminated Green Waste containers or notices issued for non-collection during the prior month as well as notices pursuant to Section 4A.4 of the Agreement.

3. Gross receipts received during the prior month by Customer category and calculation of franchise fees due.

4. Summary of customer complaints regarding the services described in Section 3 of the Agreement received by Athens Services during the prior month.

5. Graffiti removal performed, including, if requested by the City, photographs of the graffiti, its location, and other information reasonably required by the City of Glendora Police Department.

H. Annual Reports
The Annual Reports to be delivered to the City by February 15 thof each year for the prior year is to be essentially in the form and content of the monthly reports, but shall also include:

I. Report of HI-IW pickups performed during the prior year, including tonnage information, number of pickups, and materials collected as applicable.

2. Quantity of sharps containers delivered during the prior year.

3. Summary of compost and worm bin sales and receipts during the prior year. 35 Item #21. Page 192
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4. Number of e-waste pick—ups during the prior year.

5. Solid Waste Data. A listing of the tonnage from all collection services by Athens Services for the preceding year as mandated by the State of California. All tonnage data should be compared to the corresponding tonnage data from the prior year.

6. Recycling Data. The number of gross tons of Recyclable Material and Recyclable Solid Waste collected during the prior year by material type including recyclable materials collected as part of Bulky Waste as mandated by the State of California.

Indicate by material type (and grade where appropriate), annual total of Recyclable Material and Recyclable Solid Waste processed. Indicate annual total and location for Residue disposed. All tonnage data should be compared to the corresponding tonnage data from the prior year period.

7. Green Waste Data. The number of gross tons of Green Waste collected for the preceding year. All tonnage data should be compared to the corresponding tonnage data from the prior year period.

8. Operational Problems and Actions Taken. Indicate instances of property damage or injury caused by Athens Services and poaching or scavenging that becomes known by Athens Services. Include description of Green Waste or Recyclable Material and Recyclable Solid Waste loads rejected, the reason for rejection and the disposition of the load after rejection.

Annual Reports. The annual report to the City shall include the data from all monthly reports during the prior year summarized by month and averaged for the year. All annual reports shall include a historical comparison of the preceding year and the average of all years during the Agreement term.

I. Financial Report
The City may, at City's option, review Athens Services' financial reports/statements relating to the City of Glendora for the most recently completed fiscal year in connection with an extraordinary rate adjustment request. billing audit, Franchise Fee audit, or verification of other information required under this Agreement. Prior to permitting the City to review such financial information, Athens Services may require City to execute a reasonable confidentiality agreement. Any review of such financial reports/statements shall take place only during regular business hours and only at Athens Services' regular place of business with forty-eight (48) hours' notice. City shall not be permitted to remove copies of such financial reports/statements from Athens Services' regular place of business.

Financial statements shall include a supplemental combining schedule prepared on a compiled basis showing Athens Services' results of operations, including the specific revenues and expenses in connection with the operations provided for in this Agreement, separated from others included in such financial statements. The financial statements and footnotes shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP) and audited, in 36 Item #21. Page 193
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accordance with Generally Accepted Auditing Standards (GAAS) by a certified public accountant (CPA) licensed (in good standing) to practice public accounting in the State of California as determined by the State of California Department of Consumer Affairs Board of Accountancy. The cost for preparation of the financial statements and supplemental combining schedule shall be borne by Athens Services as a direct cost of service.

J. Adverse Information
Athens Services shall provide City copies of all material reports, pleadings, applications. notifications, Notices of Violation, communications or other documents relating to Athens Services' performance of services pursuant to this Agreement, submitted by Athens Services to, or received by Athens Services from, the United States or California Environmental Protection Agency, the California Integrated Waste Management Board, the Securities and Exchange Commission or any other federal, state or local agency, including any federal or state court.

Copies shall be submitted to City within 30 days of receipt by Athens Services, or sooner if reasonably apparent that to do so is materially relevant, and any responses by Athens Services shall be submitted to City simultaneously with Athens Services filing or submission of such matters with said agencies. Athens Services' routine correspondence to said agencies need not be routinely submitted to City, but shall be made available to City promptly upon City's written request.

Any information contained in a writing which Athens Services seeks to be excluded from provisions of the California Public Records Act, Government Code Section 6250 et seq., shall be clearly identified as such by Athens Services with the basis for such exclusion clearly specified thereon. In the event City receives a request under the Public Records Act or by subpoena. City shall be under no obligation to withhold the requested or subpoenaed information: however, City shall notify Athens Services to permit Athens Services to object, at its sole cost, to the release of the information requested or subpoenaed.

K. Additional Reports. Documents and Information
Athens Services shall deliver to City reports, documents and information that are not otherwise required under this or any other section of the Agreement, in such forms and at such times, as the City Manager may in writing reasonably request or require. provided, however, if such reports, documents or information are not prepared by Athens Services in the ordinary course of business or to satisfy the City's reporting requirements pursuant to AB 939 as in effect on the date of this Agreement, the City shall reimburse Athens Services for the reasonable cost of preparing such reports, documents or information.

L. Costs
Except as provided in subsection B7.K above or elsewhere in this Agreement, all reports, documents and information required under this SECTION B7 shall be furnished to City at the sole expense of Athens Services.
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SECTION B8 — INSPECTION AND REVIEW OF RECORDS AND BOOKS A. Right to Inspect Records
City shall have the right to inspect or review the specific documents or records required expressly or by inference pursuant to this Agreement, or any other similar records or reports of Athens Services or its Affiliates that City deems necessary to evaluate annual reports and Athens Services' performance provided for in this Agreement and all source documentation to support tonnage financial and service data on reports or otherwise provided to City. Athens Services shall make all records and documents to be reviewed and inspected by the City as a part of any audit or other record review conducted by the City, available for the City's inspection during regular business hours at Athens Services' regular place of business within twenty-four (24) hours' notice.

B. Review of Books
At the written request of the City Manager, for purposes of verifying that the fees and/or revenues authorized under this Agreement have been accurately calculated/assessed, any Annual Report submitted by Athens Services pursuant to SECTION B7.H above, or at the written request of Athens Services, any Solid Waste payment calculations submitted by City pursuant to SECTION 5.0 of the Agreement during the twelve (12) months prior to the request, shall be reviewed, at the expense of the party making the request, by an independent certified public accounting firm mutually agreed upon by the City Manager and Athens Services. If the City Manager and Athens Services fail to mutually agree upon the selection of a certified public accounting firm within forty-five (45) days after the written request is given, the requesting party shall notify the other party in writing of the names of three (3) certified public accounting firm from which said other party shall select one and shall notify the requesting party of its selection not later than fifteen (15) days after receipt of the three names. All records pertaining to the Annual Report or Solid Waste payment calculations shall be made available to the certified public accounting firm at the regular place of business of the party that generated the records, but in no event outside the County of Los Angeles. Should the review reveal an underpayment of two percent (2%) or more of any fee or revenue required by this Agreement, the requesting party shall be reimbursed by the other party for all out of pocket expenses incurred by the requesting party in the performance of the review within twenty (20) days after receipt of a written invoice from the requesting party.

C. Underpayment
Should any review pursuant to SECTION B8•B, above, reveal any underpayment of any fee or revenue required by this Agreement, the amount of such underpayment shall be paid to the underpaid party not later than ten (10) days after written notice thereof is delivered to the other party from the underpaid party together with interest at the rate of ten percent (10%) per annum on the underpayment, with the interest accruing from the date the fee or revenue was first due and owing pursuant to this Agreement.
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D. Overpayment
Should any review pursuant to SECTION B8.B, above, reveal any overpayment of any fee or revenue required by this Agreement, the amount of such overpayment shall be reimbursed to the party that made the overpayment not later than ten 00) days after written notice thereof is delivered to the other party from the party that made the overpayment. The amount of the overpayment shall be reimbursed without interest.

E. Failure to Report
The refusal or failure of Athens Services to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Athens Services in such report shall be deemed an event of default as described in SECTION B14 and shall subject Athens Services to all remedies which are available to the City under the Agreement or otherwise.

SECTION B9 — AB 939
A. SRRE Implementation
Athens Services shall implement and monitor AB 939 requirements related to the services it performs under this Agreement throughout the term of the Agreement, in accordance with the integrated waste management programs identified in the City's SRRE.

SECTION B10 — SERVICE REVIEW
To provide for technological advances and regulatory changes in the collection and disposal of Solid Wastes and the recycling of Recyclable Solid Wastes, Athens Services shall deliver a report to City, within sixty (60) days after receiving a written request from the City Manager, which requests shall be made at least twelve (12) months apart, that includes the following information:
(1) A summary of Solid Waste and recycling services, reported in Solid Waste collection and recycling industry trade journals monitored by Athens Services, that are being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the United States with comparable populations that Athens Services is not regularly providing under this Agreement together v.ith any specific plans for provision of such new services by Athens Services, or a justification indicating why Athens Services believes that such services cannot be feasibly provided in either or both service areas.
(2) All laws and regulations that pertain to the Solid Waste and recycling services provided under this Agreement that have been enacted since the last service review requested by the City Manager, an assessment as to whether said services and their method of performance under this Agreement are in compliance with said laws and regulations and, as necessary, recommendations for bringing about such compliance.
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Not later than sixty (60) days after receiving the report from Athens Services, and at such other times as the City deems appropriate, the City Manager shall notify Athens Services in writing of any Solid Waste and recycling services not then being provided to City that are considered technically and economically feasible by City. City may require Athens Services to provide such services within a reasonable time, at reasonable rates and for reasonable compensation negotiated in good faith by the parties. The rate for any such service shall have a service fee component and, if the service involves the disposal of Solid Waste, a tipping fee component. The tipping fee component shall be based upon the most cost-effective Disposal Site, which shall be determined by the MRF Gate Fee, as that term is defined in this Agreement and hauling costs.

SECTION BI I — INDEMNIFICATION
A. Indemnification of City
Athens Services hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively, the "Indemnified Parties") from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in law or equity of any and every kind and description (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting directly from (1) in whole or in part by any negligent act, willful misconduct or omission of Athens Services, its officers, employees, and companies in performing services under this Agreement; and (2) the failure of Athens Services, its officers, employees, and companies to comply (after notice and an opportunity to cure) in all material respects with the provisions of this Agreement and applicable laws currently in effect on the date of this Agreement (including, without limitation, environmental laws). Athens Services further agrees to and shall, upon demand of City, at Athens Services' sole cost and expense. defend (with attorneys reasonably acceptable to City) Indemnified Parties against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse the City for any and all reasonable costs and expenses City incurs in providing any such defense before the time Athens Services elects to provide such defense. City shall not be entitled to any reimbursement after Athens Services assumes such defense.

B. Indemnification of Athens Services
City shall indemnify and defend. with counsel reasonably acceptable to Athens Services, Athens Services and its officers, employees, servants and agents from and against any and all costs, expenses, losses, liabilities, judgments, fines, penalties, claims, causes of action and administrative proceedings for bodily injury or death to any person whomsoever and damage to any property whatsoever arising out of, or resulting in any way from, the gross negligence or willful acts of City or any of its officers, employees, servants or agents. 40 Item #21. Page 197
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C. Hazardous Substances Indemnification
I. Athens Services specifically agrees to and shall, to the maximum extent permitted by law. defend (with counsel reasonably acceptable to City) reimburse. indemnify, and hold Indemnified Parties harmless from and against any and all claims, actions, liabilities, damages. demands, judgments. losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise directly out of any grossly negligent or willful act of Athens Services that results in the improper disposal of any Hazardous Contaminant (as defined herein).

2. Athens Services' obligations pursuant to this Section shall apply, without limitation, to:
a. any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter-Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision;
b. any Claims based on or arising out of the ownership, use, lease, sale, design, construction, maintenance or operation by Athens Services of any facility; and
c. any Claims based on or arising out of the marketing, sale, distribution, storage, transportation, disposal. processing or use of any materials recovered by Athens Services.

3. For purposes of this Section. the term "Hazardous Contaminant" shall mean any "hazardous material," as that term is defined under California Health & Safety Code Section 25501(1); any "hazardous substance," as that term is defined herein or under California Health & Safety Code Sections 25281(0. 25501(e). 25501.1 and under Title 42.

Section 9601(14) of the United States Code: any "hazardous waste," as that term is defined under Title 42, Section 6093(5) of the United States Code and under California Health & Safety Code Section 25550(m); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos-containing material.

D. AB 939 Indemnification and Guarantee
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Athens Services agrees to and shall defend and hold the City harmless from any fines levied by any applicable agency. including but not limited to the California Department of Resources, Recycling and Recovery (CalRecycle), for the City's failure to meet the landfill diversion requirements of AB939. Athens Services agrees this indemnification guarantee is for the entire waste stream for which the City is held accountable by CalRecycle, and not just the portion of the waste stream that is in fact processed by Athens Services. In the event CalRecycle provides an administrative process to challenge the imposition of a compliance order or a fine, Athens Services shall be responsible for engaging consultants and/or lawyers to represent the City. Athens Services shall also be responsible for the retention of and payment to any consultants engaged to perform waste diversion studies. Any funds expended by Athens Services for consultants, lawyers, reports, fines, pursuant to this diversion guarantee shall not be passed on tc; City or customers.

SECTION B12 —CITY'S RIGHTS TO PERFORM DURING EMERGENCY
Should Athens Services, for any reason whatsoever, including a reason set forth in SECTION B13 below, fail to perform any of the services it is obligated to perform under this Agreement for a period of more than five (5) days and Solid Waste should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager in the reasonable exercise of the City Manager's discretion, should find that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right during said period of emergency to contract with another solid waste enterprise to collect and transport any or all Solid Waste which Athens Services is obligated to collect and transport pursuant to this Agreement, but which Athens Services is unable to collect and transport. City shall provide twenty-four (24) hours prior written notice to Athens Services during the period of such emergency, before contracting with another solid waste enterprise or other provider of the other services required in this Agreement, to collect and transport any or all Solid Waste which Athens Services would otherwise collect and transport pursuant to this Agreement, and the other services provided in this Agreement, for the duration of the inability of Athens Services to provide such services. In such event Athens Services shall identify sources from which such substitute solid waste services and other services provided in this Agreement are immediately available, and shall reimburse City for all of its expenses for such substitute services.

The City Manager may assess from the cash security required by SECTION 131 above all direct and indirect costs incurred by the City in the collection, transportation and disposal of Solid Wastes, including Recyclable Solid Wastes pursuant to this SECTION 1312. During the period of the emergency. Athens Services shall not be entitled to its regular compensation under this Agreement.

SECTION BI3 — FORCE MAJEURE
Athens Services shall be excused from performing its obligations pursuant to this Agreement in the event it is prevented from performance by reason of flood, earthquake. other "act of god", fire, civil insurrection, riot, war or enemy action or invasion, malicious mischief or sabotage, act of any governmental entity or court, or other similar event which is beyond the control of, and not the fault of, Athens Services Labor unrest, including but not limited to, strike, work stoppage or slow down, sick out, picketing or other concerted job action conducted 42 Item #21. Page 199
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by Athens Services employees or directed at Athens Services, for more than live (5) days is not an excuse from performance, and Athens Services shall be obligated to continue to provide service notwithstanding the occurrence of such labor unrest. In the event of labor unrest directed at a third party over whom Athens Services has no control, the inability of Athens Services to make collections due to the unwillingness or failure of the third party to provide reasonable assurances of the safety of Athens Services' employees while making collections or to make reasonable accommodations with respect to receptacle placement and point of delivery, time of collection or other operating circumstances to minimize any confrontation with pickets or the number of persons necessary lc; make collections shall, to that limited extent, excuse performance, provided that said excuse is conditioned on Athens Services' cooperation in making collections at different times and in different locations.

Athens Services shall give the City notice of the facts constituting any cause listed in this SECTION B13 and of its claim to excuse under this SECTION B13 within 48 hours after Athens Services has notice of such cause. In the event that Athens Services validly exercises its rights under this SECTION B13 the City hereby waives any claim against Athens Services for any damages sustained thereby.

SECTION B14— DEFAULT AND REMEDIES
A. Breach Subject to Cure
If the City Manager determines that Athens Services is in breach of any material provision of this Agreement, he shall so notify Athens Services in writing, and the notice shall include a reasonable time within which Athens Services may cure the breach. A reasonable time shall be at least fourteen (14) days from receipt by Athens Services of such written notice. The City Manager shall review Athens Services' actions in response to such notice and shall notify Athens Services in writing of his determination as to whether the breach has been cured within the specified time.

Either determination of the City Manager may be appealed by Athens Services to the City Council. The appeal shall identify the grounds for the appeal and shall be filed with the City Clerk within five (5) days after receipt by Athens Services of the written determination from the City Manager. The appeal shall be heard by the City Council within thirty (30) days after it is Filed. The City Clerk shall give Athens Services, and any other person requesting the same. ten (10) days written notice of the time and place of the hearing. At the hearing, the City Council shall consider the report of the City Manager regarding the appeal and shall give Athens Services, or its representatives, and any other interested persons, a reasonable opportunity to be heard. At the conclusion of the hearing. the City Council, in its sole and complete discretion, shall act to affirm. modify or reverse the determination of the City Manager. Athens Services' performance under the Agreement shall not be excused during the period of time prior to the action of the City Council.

B. Events of Default
Each of the following shall constitute an event of default ("event of default") hereunder:
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( I) Athens Services has practiced, or has attempted to practice, any fraud or deceit upon City, as found by a court of competent jurisdiction. (2) Athens Services becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Athens Services in a bankruptcy proceeding.
(3) Athens Services willfully violates any order or ruling of any regulatory agency having jurisdiction over Athens Services relative to the Agreement, provided that if Athens Services contests any such order or ruling by appropriate proceedings conducted in good faith, no breach of the Agreement shall be deemed to have occurred until a finding by the regulatory agency of a willful violation becomes final.
(4) Athens Services, for any reason whatsoever, except a reason set forth in SECTION B13 above, fails to provide collection service as required under this Agreement to any portion of either service area for a period of more than three (3) days.
(5) Athens Services fails to cure the breach of any material provision of this Agreement within the time set in a written notice given pursuant to subsection A above or, if Athens Services cannot reasonably cure the breach within the time set forth in such notice, Athens Services fails to commence to cure such breach within the time set forth in such notice and thereafter diligently prosecute the cure to completion.

C. Right to Terminate or Impose Liquidated Damages Upon Default Upon an event of default by Athens Services, after any required notice and any required cure period, the City Council shall have the right to terminate this Agreement and/or assess liquidated damages as provided in SECTION 815 below, without the need for any hearing, suit or legal action. The City shall provide Athens Services with written notice of the termination and/or assessment.

SECTION BI5 — LIOUIDATED DAMAGES
The parties acknowledge that consistent, reliable Solid Waste handling service is of utmost importance to City and that City has considered and relied on Athens Services' representations as to its quality of service commitment in entering this Agreement with it. The parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The parties further recognize that if Athens Services fails to achieve the performance standards, or fails to submit required documents in a timely manner, City and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages which City will suffer. Therefore, without prejudice to City's right to treat such breaches as an event of default under SECTION B14, the parties agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages for 44 Item #21. Page 201
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City
Initial Here
such specific breaches, considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made.

Athens Services
Initial Here
Athens Services agrees to pay (as liquidated damages and not as a penalty) the amounts set forth below:

1. Collection Reliability
a) For each failure to commenCe service to a new Customer account within seven (7) days after order: $50.00
b) For each failure to collect Solid Waste from any established Customer account on the scheduled collection day and not collected within the period described in Section 4.F of this Agreement: $50.00
c) For each failure to collect Solid Waste. which has been properly set out for collection, from the same Customer on two (2) consecutive scheduled pickup days(whether or not pickup is later remedied per Section 4.F):
$150.00

2. Collection Quality
a) For each occurrence of failure to properly return empty containers to avoid pedestrian or vehicular traffic impediments or to place cans upright with lids secured: $25.00
b) For each occurrence of collecting Solid Waste during unauthorized hours:
$150.00
c) For each occurrence of damage to private property: $150.00 d) For each failure to clean up Solid Waste spilled from Solid Waste containers within 90 minutes:
5150.00
45 Item #21. Page 202
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3. Customer Responsiveness
a) For each failure to initially respond to a Customer complaint within one ( I ) business day, and for each additional day in which the complaint is not addressed:
$250.00
b) For each failure to process Customer complaints to City as required by SECTION B4: $150.00
c) For each failure to can-y out responsibilities for establishing service to an individual resident: $150.00
d) For each failure to notify City within 24 hours from the time Athens Services has remedied a complaint forwarded by City:
$10.00
e) For each failure to remove graffiti from containers, or to replace with containers bearing no graffiti, within two business days of request from City or Customers:
$25.00 per day
For each failure to process a claim for damages within thirty (30) days from the date submitted to Athens Services:
$50.00
g) For each failure to remove graffiti within twenty-four (24) hours of notice from the City received by Athens Services on Monday through Saturday or within forty-eight (48) hours of notice from the City received by Athens Services on Sunday: $50.00

4. Timeliness of Submissions to City
Any report shall be considered late until such time as a correct and complete report is received by City. For each calendar day a report is late, the daily liquidated damage amount shall be:
a) Monthly Reports:
$100 per day
b) Annual Reports:

$350 per day
City may determine the occurrence of events giving rise to liquidated damages through the observation of its own employees or representative or investigation of Customer complaints.

Prior to assessing liquidated damages, City shall give Athens Services notice of its intention to do so. The notice will include a brief description of the incident(s)/non-performance.

Athens Services may review (and make copies at its own expense) all information in the possession of City relating to incident(s)/non-performance. Athens Services may, within ten (10) days after receiving the notice, request a meeting with City. Athens Services may present 46 Item #21. Page 203
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evidence in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. City will provide Athens Services with a written explanation of its determination on each incident(s)/non-performance prior to authorizing the assessment of liquidated damages. The decision of City shall be final.

City may assess liquidated damages for each calendar day or event, as appropriate, that Athens Services is determined to be liable in accordance with this Agreement.

Athens Services shall pay any liquidated damages assessed by City within ten (10) days after they are assessed. If they are not paid within the ten ( 10) day period, City may proceed against the performance bond required by the Agreement or find Athens Services in default and terminate this Agreement pursuant to SECTION B14, or both.

SECTION B16 — CITY'S ADDITIONAL REMEDIES
In addition to the remedies set forth in SECTION B14 above. City shall have the following rights:
(a) To license, or contract with, others to perform the services otherwise to be performed by Athens Services under this Agreement, or to perform such services itself
(b) To obtain damages at law and/or injunctive relief in equity. Both parties recognize and agree that in the event of a breach of any material provision of this Agreement by Athens Services, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of the Agreement and to enjoin the breach thereof'.

SECTION B17 — NO BUSINESS LICENSE REQUIRED
Notwithstanding any other provision of this Agreement or any provision of the Glendora Municipal Code to the contrary, Athens Services shall not be required to possess any business license issued by the City, nor shall it be required to pay any license tax collected by the City, in order to perform the services required by this Agreement.

SECTION B18— PROPOSITION 218 AND PROPOSITION 26 NOT APPLICABLE The Parties agree that the rates to be charged by Athens Services to Customers are set by Athens Services as a private contractor in the market place. The City's role with respect to rate setting is to establish rate ceilings for the protection of Customers given the exclusive status afforded Athens Services by this Agreement and given the nature of the services it is to provide.

Accordingly, the Parties agree that this Agreement shall be construed to maintain the status of the rates Athens Services chooses to charge its Customers as privately-established rates and not as property-related fees within the scope of Article XIII D of the California Constitution or taxes within the scope of Articles XIII A and XIII C and XIII C Section 1 subd. e of the California Constitution.
47 Item #21. Page 204
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EXHIBIT C

RATE AND FEE SCHEDULE
EFFECTIVE SEPTEMBER 1, 2014
I. Residential Properties
A. Basic Rates
Single dwelling unit
Duplex
Triplex
Per apartment
Apartment scout
Residential curb scout
Residential yard scout
Bin 1.5 yard IX
Net Rate

City Fees

Total Rate

24.90 2.65

27.55 48.92

5.20 54.12

73.00 7.76

80.76 16.36

1.73 18.09

25.06 2.66

27.72 46.16

4.91 51.07

55.70 5.91

61.61 112.60

11.96 124.56
48 Item #21. Page 205
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15.66 24.92

55.01 15.23

24.52 18.94

31.46 39.50
Bin 3 yard IX
Bin 3 yard 2X
Bin 3 yard 6X
Scout bin 1.5 yard IX
Scout bin 15 yard 2.X
Scout bin 3 yard IX
Seoul bin 3 yard 2X
Scout bin 3 yard 3X
B. Non-Basic Rates
Bin apartment rental
Scout bin apartment rental
Curb manure
147.46
234.68
518.05
143.36
230.88
178.27
296.22
371.91

40.48 68.18

19.92 163.12
259.60
573.06
158.59
255.40
197.24
327.68
411.41

44.78 75.42

22.03 4.30

7.24 2.11
II. Non-Residential properties
A. Basic Rates
Bin 1.5 yard IX
Bin 1.5 yard 2X
Bin I.Syard3X
Bin 1.5 yard 4X
Bin 1.5 yard 5X
Bin 1.5 yard 6X
Sin 3 yard IX
Bin 3 yard 2X
Bin 3 yard 3X
Bin 3 yard 4X
Bin 3 yard 5X
Bin 3 yard 6X
Scout bin 1.5 yard IX
111.73
174.56
226.90
276.72
322.30
377.27
146.65
233.82
317.55
397.82
471.13
554.84
142.51

11.86 18.54

24.10 29.39

34.23 40.07

15.57 24.83

33.73 42.25

50.04 58.92

15.14 123.59
193.10
251.00
306.11
356.53
417.34
162.22
258.65
351.28
440.07
521.17
613.76
157.65
49 Item #21. Page 206
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18.84 31.37

41.92 68.40

3.95 6.28

8.53 10.68

12.64 14.61

14.71 5.26

2.66 2.92

10.62 10.09

5.95 5.95

5.84 9.56

1.27 19.65

10.62 2.12

2.12 6.80
Scout bin 3 yard IX
Scout bin 3 yard 2X
Scout bin
B. Non-Basic Rates
Roll off
CC 1 can
CC 2 can
CC 3 can
CC4 can
CC 5 can
CC 6 can
3 Yd Temp
X-dumps
Plastic Liners
Bin Lock Lids
Storage Box Delivery
Stand By
Bin Wash Out
Bin Go Back
Relocate Roll-off
Roll-off Dead Run
Demurrage / Day
Compactor Wash Out
Storage Box
Residential Go Back
177.39
295.36
394.76
644.13

37.14 59.12

80.31 100.55
119.03
137.59
138.57

49.54 25.00

27.50 100.00

95.00 56.00

56.00 55.00

90.00 12.00
185.00
100.00

20.00 196.23
326.73
436.68
712.53

41.09 65.40

88.84 111.23
131.67
152.20
153.28

54.80 27.66

30.42 110.62
105.09

61.95 61.95

60.84 99.56

13.27 204.65
110.62

22.12 22.12

70.80 Residential Go Back Dead Run 20.00
Bin Exchange 64.00
50 Item #21. Page 207
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Bin Exchange with Metal Lids 75.00

7.97 82.97
Transportation Services

110.00

11.68 121.68
III. Other Rate Provisions
A. Commencing September 1,2014, and continuing through August 31. 2024, the ratepayers for the Residential Properties Basic Rate for single dwelling units shall receive an annual $10.75 credit from Athens Services, credited to the customers in quarterly installments and reflected in the customer's quarterly invoice.

B. Commencing September 1,2014, and continuing until August 31, 2019, Athens Services shall pay to the City a monthly Environmental Administrative Fee in the amount of $28,755.00.

C. Commencing September 1,2019, and continuing until August 31, 2024, Athens Services shall pay to the City a monthly Environmental Administrative Fee in the amount of $47,655.00.

D. Commencing July I. 2015, and continuing through August 31, 2024, subject to City Council approval, the Franchise Fee, which is passed through to Customers, shall be established at eleven percent ( I I%) of the net rates charged by Athens Services.

E. The hourly rate for driver and collection vehicle to assist in emergencies shall be $125, plus actual processing and disposal costs.
5 I
Item #21. Page 208
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EXHIBIT D

RATE ADJUSTMEN'I'
SECTION D1 — ANNUAL MAXIMUM RATE ADJUSTMENTS
Section D1.1 Adjustment Request
Athens Services may request an adjustment to the maximum permitted rates annually, to be effective each July I. Athens Services shall submit its request in writing, to be received by City in person or via certified mail, by the preceding March I. The request shall be based on the method of adjustment described in this Section DI of Exhibit D. Failure to submit a written request by March 1 shall result in Athens Services waiving the right to request such an increase for that year.

Annual adjustment to the maximum rates calculated in accordance with this Section DI is subject to the approval of the City Council.

Section D1.2 Cost Components
The approved Athens Services compensation consists of the following cost components, each adjusted by the change in the corresponding rate adjustment factor.

Rate Adjustment Factors and Initial Weightings
Cost Component Initial Weighting Rate Adjustment Factor Landfill Disposal
All Other
13% Actual per ton gate rate charged to Athens
Services by the landfill
87%
Consumer Price Index for Los AngelesRiverside-Orange County, CA, All items. Not Seasonally Adjusted, CUUSA421SAO ("CPI")
Total
100%
Section D1.3 Rate Adjustment Steps
All rates will be adjusted using the cost component weightings identified above. 52 Item #21. Page 209
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Step One — Calculate the percentage increase or decrease in each rate adjustment factor listed in Section D1.2 as follows:

Landfill Disposal Change - Measured as the change in the landfill gate rate to be charged on the effective date of the rate adjustment as compared to the gate rate charged the previous July I. As long as Athens uses the San Bernardino County landfill system to dispose of the City olGlendora's waste, the landfill gate rate shall be the contract rate paid by Athens for the use of the San Bernardino County landfills.

All Other Change - The change in CPI shall be measured as the annual average indices for the twelve (12) months ended the July preceding the effective date of the rate adjustment verses the annual average indices for the twelve months ended the July twelve (12) months before that date (May through April) for All Urban Consumers in the Los Angeles/Anaheim/Riverside area, or an equivalent index approved by mutual agreement in the event the CPI as described above is no longer published. The percentage change in the rates per the CPI adjustment effective only for July I. 2015 shall be calculated as determined by the percentage change, increase or decrease, in the CPI for the preceding twenty four month period (May through April) less one and 34/100% (1.34%). In the event the CPI for the 24 month period (May through April) preceding July 1, 2015 is less than 1.34%, the difference in the CPI and

1.34% shall be deducted from the CPI adjustment for July 1,2016. (For example: If the CPI for the 24 month period (May through April) preceding July 1 , 2015 is 1.0%, the rate adjustment effective July 1.2015 is calculated as 1.0% - 1.34% = -0.34%. There is no rate adjustment. increase or decrease effective July 1, 2015, and the rates shall remain the same. If the CPI for the 12 month period (May through April) preceding July 1,2016 is 2.0%, the rate adjustment effective July 1,2016 is calculated as 2% - 0.34% = 1.66%. An additional example: If the CPI for the 24 month period (May through April) preceding July 1,2015 is 3.0%, the rate adjustment effective July I. 2015 is calculated as 3.0% - 1.34% = 1.66%). After July 1, 2015, the change in CPI shall be measured as the annual average indices for the twelve (12) months ended the July preceding the effective date of the rate adjustment verses the annual average indices for the twelve months ended the July twelve (12) months before that date (May through April) for All Urban Consumers in the Los Angeles/Anaheim/Riverside area, or an equivalent index approved by mutual agreement in the event the CPI as described above is no longer published.

Step Two — The cost component weightings as a percentage of total costs for the first rate adjustment are provided in Section D1.2 above, with cost component weightings for subsequent years calculated in Step Four of the rate adjustment. For Step Two of each subsequent rate adjustment, use the cost components recalculated in Step Four during the previous rate adjustment.

Multiply the percentage changes for each rate adjustment component by that component's weighting and add these resulting percentages together to get the total weighted change to the rates.

Step Three — Multiply the total weighted percent change from Step Two by the existing rates to calculate the increase or decrease to the maximum rates. Add the rate increase or decrease to the existing rates to derive the newly adjusted rates. 53 Item #21. Page 210
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Step Four - Recalculate weightings for the following year based upon these changes.

Section D1.4 Example Rate Adjustment Calculation
Step One: Calculate percentage change In indices
A B C
Row Adjustment Factor Index Old Index Value New Index Value Percent Change In
Index ((Column B/
Column A) - 1)
1 Landfill Disposal : (1) $ 28.86 $ 29.44 2.01%
All Other (2) 236.648 240.001 1.42%
Step Two: Determine components
t> r
Row Adjustment Factor Index
Cost Component
Weighting (3)
Percent Change in
index (from Column
Cl
Total Weighted
Change (Columns D x
El
Landfill Disposal (1) 13.03% 2.01% 0.26%
All Other (2) 87.03% 1.42% 1.24%
5 Total 100.00% 1.50%
Step Three: Apply percentage change to all rates (example rates shown below) G H i 1
Example Rate
Categories
Current Customer
Rate
Total Weighted
Percentage Change
(from Column Fl
Rate Increase or
Decrease
(Column G x Column
Adjusted Rate
(Column G +Column
I)
6 Single Dwelling Units $ 24.90 1.50% $ 0.37 5 25.27
7 Res. Bin 1.5 yd. b week 5 11160 1.50% 5 1.69 5 114.29 8 Corn. Bin 1.5 yd. Ix week 5 111.73 1.50% 5 1.68 5 113.41 9 Scout Bin 1_5 yd. Ix week 5 14251 1.50% $ 2.14 $ 144.65 10 Com. 1 Can 5 37.14 1.50% 5 0.56 5 37.70
11 Locking Lid 5 12.03 1.50% $ 0.18 $ 12.18
12 Roll-Off Box $ 64443 1.50% $ 9.67 $ 654.10
13 3 yd. Temp Service 5 138.57 1.50% $ 2.08 $ 140.65 14 Extra dump 5 49.54 1.50% $ 0.74 5 50.28
Sten Four: Re-weight cost components
K L M N 0
Row Adjustment Factor index
Cost Component
Weightings (Column
0)
Percent Change in
Index (Column E)
Change In Cost
Component
Weightings (Column K
x Column 0
Adjusted Cost
Component
Weightings (Column
K a Column M)
Cost Components
Reweighted to Equal
100% (Column N Row
divided by Column N
Total)
15 Landfill Disposal (1) 13.00% 2.01% 0.26% 13.26% 13.06% 16 All Other (2) g7.00% 1.42% 1.24% ISELME 1E6,94%
17 Total 1W.00% 101.50% 103.00%
(1) Actual change in gate rate charged to Athens Services. (2) Consumer Price index for Lo Angeles-Riverside-0 ange County, CA, All items, Not Seasonally Adjusted, CUUSA421SAO. (3) First year based on percentages provided in this Section DI. After the first adjustment, this column comes from Column Cot the previous year's rate adjustment worksheet.

Section D1.5 Rate Reductions
In the event the rate calculation results in a reduction, the City may implement the reduction whether or not Athens Services has submitted a request. If for any reason a calculated rate reduction is not implemented, future rate increases shall be offset by the amount of the waived reduction.

SECTION D2 - EXTRAORDINARY RATE ADJUSTMENT REOUEST
54 Item #21. Page 211
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Athens Services may request an adjustment to maximum rates in the event of extraordinary changes in the cost of providing service under this agreement. Extraordinary rate adjustments may be requested no more than once per year.

For each request for an adjustment to the maximum rates that Athens Services may charge customers brought pursuant to this section. Athens Services shall prepare a schedule documenting the extraordinary costs. Such request shall be prepared in a form acceptable to City with support for assumptions made by Athens Services in preparing the estimate.

City may request appropriate supporting information in connection with the City's review of Athens Services' rate adjustment request. City shall review Athens Services' request and. in City's sole judgment and absolute, unfettered discretion, make the final determination as to whether an adjustment to the maximum rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment.

EXHIBIT E

CITY FACILITIES SERVICE
Location/Function No. Size Frequency
CitY Hall/Refuse 2 3 yard 2x/week
City Hall/Mixed Paper 1 3 yard As needed
City Street Yard, Loraine/Refuse I 3 yard lx/week
City Street Yard, Loraine/Refuse 2 40 yard As needed
Water Dept. Sierra Madre/Refuse I 3 yard lx/week
55 Item #21. Page 212
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1 1.5 yard lx/week
Water Dept. Sierra Madre/Mixed paper 1 3 yard As needed Water Dept., Sierra Madre/Green Waste 1 3 yard I x/week Glen Oaks Golf Course/Green Waste 1 40 yard As needed
Glen Oaks Golf Pro Snack Bar/Refuse 1 3 yard lx/week
Finkbiner Park/Refuse 4 3 yard lx/week
Finkbiber Park/Green Waste 1 3 yard 2x/week
Gladstone Park/Refuse 3 3 yard lx/week
Gladstone Park/Green Waste 1 3 yard 2x/week
Centennial Heritage Park/Refuse 1 3 yard lx/week
Centennial Heritage Park/Green Waste 1 3 yard lx/week
Park Maintenance Yard/Refuse 1 3 yard I x/week
La Fetra Center/Refuse 1 3 yard lx/week
La Fetra Center/Green Waste 1 3 yard Ix/week
Glendora Museum/Refuse 1 3 yard I x/week
Transportation Center/Refuse 1 3 yard I x/week
C.L. Equestrian Park/Refuse 1 3 yard I x/week
C.L. Equestrian 1 3 yard I x/week
Glendora Village Sidewalk Trash Containers
between Bennett and Foothill/Refuse
As exist Decorative
Trash
Containers
2x/week or as
needed
56 Item #21. Page 213
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EXHIBIT F
Intentionally left blank
57 Item #21. Page 214
Meeting Date: 8/23/2022 / Packet Page #: 650

EXHIBIT (I
Annually Renewable Performance Bond
BOND #
(hereinafter called the Principal), and
called the Surety), are held and firmly bound unto
(hereinafter called the Obligee), in the fUll and just sum of KNOW ALL MEN BY THESE PRESENTS: That

Dollars . the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and each of their heirs, administrators, executors, and assigns. jointly and severally, firmly by these presents.

WHEREAS, the Principal has by written agreement dated the entered into an Agreement with the Obligee for
dav of , 2006
for a period of
Agreement is hereby referred to and made a part hereof. years which
WHEREAS. the Obligee has agreed to accept a bond guaranteeing the performance of said Agreement for a period of one year.

NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every obligation in said Agreement at the lime and in the manner specified during the term of this bond, and shall reimburse said Obligee for any loss which said Obligee may sustain by reason of failure or default on the part of said Principal, than this obligation shall be void, otherwise to remain in full force and effect.

PROVIDED. HOWEVER, that this bond is subject to the following conditions:

This bond is for the term beginning
The bond may be extended for additional terms at the option of the surety, by continuation certificate executed by the Surety. Neither non-renewal by the surety, nor failure, nor inability of the Principal to file a replacement bond shall and ending
constitute a loss to the Obligee recoverable under this bond.

2. In the event of default, the Surety will have the right and opportunity. at its sole discretion, to: a) cure the default: b) assume the remainder of the Agreement and to perform or sublet same. c) or to tender to the Obligee funds sufficient to pay the cost of completion less the balance of the Agreement price up to an amount not to exceed the penal sum of the bond. In no event shall the Surety be liable for fines, penalties, liquidated damages. or forfeitures assessed against the Principal.

3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless same be brought or (hereinafter
58 Item #21. Page 215
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instituted upon the Surety within one year from termination or expiration of the bond term.

4. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors. administrator or successors of Obligee.

5. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number or amount of claims brought against this bond and regardless of the number of years this bond remains in force.

6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this bond and as described in the underlying document, then the terms of this bond shall prevail.

7. This bond shall not bind the Surety unless the bond is accepted by the Obligee.

The acknowledgement and acceptance of this bond is demonstrated by signing where indicated below. If this obligation is not accepted by way of signature of the Obligee below, this bond shall be deemed null and void.

Signed and sealed this day of , 2006.

PRINCIPAL: SURETY
(seal) (seal)
(name & title) Attorney-in-Fact

THE ABOVE TERMS AND CONDITIONS OF THIS BOND HAVE BEEN REVIEWED AND ACCEPTED BY THE (OBLIGEE).

ACKNOWLEDGED AND ACCEPTED BY OBLIGEE:

BY:

PRINTED NAME/TITLE:

DATE:

PLEASE RETURN A COPY OF ACCEPTED BOND TO:
59 Item #21. Page 216
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EXHIBIT H

STREET SWEEPING
I. SCOPE OF WORK
Furnish all labor, equipment, materials, and supervision to perrrn street sweeping maintenance as described herein including. but not limited to, the following:

Using a modem regenerative air street sweeper, thoroughly sweep each improved street in the City on a weekly basis per the schedule set forth in the schedule maps attached hereto.

II. DEFINITIONS
a. Curb-to-Curb - area within the curb limits of the street including medians, intersections, and street ends.
b. Holiday - all days obsentd by the City as holidays including: New Year's Day, Martin Luther King Jr Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving (including the following Friday). Christmas Eve & Christmas Day, New Year's Eve.
c. Inclement Weather - weather conditions that prohibit the effective operation of sweeping operations.
d. Debris - litter, rubbish, leaves, sand, dirt, garbage, and other foreign material. e. Street — all paved dedicated public rights-of-way within the existing or future corporate limits of the City and private streets.
f. Re-sweep - sweep required when previous sweeps are deemed by the City to be below standard or when a street or sections of a street are missed during regularly scheduled operation. g. Special Sweep - sweep involving unusual conditions such as traffic hazards. parades. and similar events. If appropriate, prior approval from the City Manager or designee is required. h. Travel Speed - sweeper operator must maintain a speed of no more than six miles per hour while the sweeping broom is lowered in the operating position.

III. WORKING HOURS
All sweeping activities shall be completed by 1:30 PM, Monday through Friday unless prior approval is given by the City Manager or designee. Typically sweeping occurs no earlier than 1:30 AM.

Approval of Athens Services schedule will be at the reasonable discretion of the City. 60 Item #21. Page 217
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IV. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest maintenance standard. Standards, schedules, and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. Due to different street widths throughout the City, street sweeping may require slower travel speed and/or multiple passes by the sweeper, in many cases. to ensure curb-to-curb coverage of the street. Streets with raised medians (commercial and residential) shall have their curb-gutter perimeter swept, including turnouts. Street grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as part of the sweeping operations. Each street shall be swept clean to the adjacent property line.

Swept clean means minimal debris residual or tailings. Any sweeper used must not blow debris onto private property nor drain water onto the street from the rear hopper. Sweeper shall travel with the direction of traffic at all times. A significant number of City streets are posted no parking for street sweeping during designated hours on various days of the week. It is imperative that Athens Services maintain a firm schedule for sweeping posted streets, as Athens Services is required to coordinate sweeping operations with City.

Athens Services is required to sweep parking lots identified on the schedule maps attached hereto, including City Hall, adjacent to streets along the scheduled route. Athens Services is required to correct deficiencies within the time specified by the City.

Athens Services shall perform Special Sweeps "free-of charge" at the request of the City. These Special Sweeps are not Re-sweeps of an area not done properly but rather an additional sweep that is not part of the regular schedule. These may be used to clean before and after traffic hazards, parades, and similar events, or for any reason that the City chooses; provided that these Special Sweeps shall be limited to fifteen occurrences on an annual basis.

Athens Services shall perform Inclement Weather sweeps "free-of charge" at the request of the City. These sweeps are not Re-sweeps of an area not done properly but rather an additional sweep that is not part of the regular schedule. If. in the reasonable judgment of the City. the level of maintenance is less than that specified herein. the City shall, at its option, in addition to or in lieu of other remedies provided herein and after appropriate notice and a twenty four (24) hour opportunity to cure. impose liquidated damages in the amount of $500 per day for each day until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between Athens Services and the City.

V. SUPERVISION OF CONTRACT
All work shall meet with the approval of the City's Public Works Department. There shall be a minimum of one quarterly meeting with the Athens Services and the City representative to determine progress and to establish areas needing attention. A status report of activities performed and maintenance issues addressed by Athens Services will be submitted in writing to the City upon request by the City.

Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Athens Services, and corrected in a satisfactory manner as set forth in the specifications.
6!
Item #21. Page 218
Meeting Date: 8/23/2022 / Packet Page #: 654
VI. RECORDS AND SCHEDULE
Athens Services shall keep accurate records concerning all of its employees or agents and provide the City with names and telephone numbers of emergency contact employees.

VII. EMERGENCY SERVICES
Athens Services will provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when Athens Services' normal work force is not present in the City. These Athens Services representatives shall respond to said emergency within ninety (90) minutes from receiving notification.

VIII. PERFORMANCE DURING INCLEMENT WEATHER
During the periods when Inclement Weather hinders normal operations. Athens Services shall adjust its work force in order to accomplish those activities that are not affected by weather. 62 Item #21. Page 219
Meeting Date: 8/23/2022 / Packet Page #: 655
Exhibit H
Street Sweeping Maps
Item #21. Page 220
Meeting Date: 8/23/2022 / Packet Page #: 656
Item #21. Page 221
Meeting Date: 8/23/2022 / Packet Page #: 657
Item #21. Page 222
Meeting Date: 8/23/2022 / Packet Page #: 658
Item #21. Page 223
Meeting Date: 8/23/2022 / Packet Page #: 659
Item #21. Page 224
Meeting Date: 8/23/2022 / Packet Page #: 660
57112121=2
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Item #21. Page 225
Meeting Date: 8/23/2022 / Packet Page #: 661
Item #21. Page 226
Meeting Date: 8/23/2022 / Packet Page #: 662
Item #21. Page 227
Meeting Date: 8/23/2022 / Packet Page #: 663
City of Glendora List of Alleys. Service day
1 E/0 Pennsylvania between Sierra Madre and Virginia 1st Tuesday 2 N/O Virginia between Pennsylvania and Vermont 1st Tuesday 3 E/0 Vermont between Sierra Madre and sly alley 1st Tuesday 4 N/O Virginia between Vermont and Glendora 1st Tuesday 5 E/0 Vista Bonita between Sierra madre and sly alley 1st Wednesday 6 N/O Virginia between Vista Bonita and Wabash 1st Wednesday 7 E/O Pennsylvania between Virginia and sly alley 1st Tuesday 8 N/O Leadora between Pennsylvania and Vermont 1st Tuesday 9 E/0 Vermont between Virginia and sly alley 1st Tuesday 10 N/O leadora between Vermont and Glendora 1st Tuesday 11 E/O Glendora between Virginia and sly alley 1st Wednesday 12 N/O Leadora between Glendora and Vista Bonita 1st Wednesday 13 E/0 Vista Bonita between Virginia and sly alley 1st Wednesday 14 N/O Leadora between Vista Bonita and Wabash 1st Wednesday 15 6/0 Wabash between Virginia and Leadora 1st Wednesday 16 N/O Leadora between Wabash and ely alley 1st Wednesday 17 6/0 Pennsylvania between Leadora and sly alley 1st Tuesday 18 N/O Whitcomb between Pennsylvania and Vermont 1st Tuesday 19 E/0 Vermont between Leadora sly alley 1st Tuesday
20 N/O Whitcomb between Vermont and Glendora 1st Tuesday 21 6/0 Glendora between Leadora and sly alley 1st Wednesday 22 N/O Whitcomb between Glendora and Vista Bonita 1st Wednesday 23 E/0 Bista Bonita between Leadora and sly alley 1st Wednesday 24 N/O Whitcomb between Vista Bonita and Wabash 1st Wednesday 25 E/0 Wabash between Leadora and sly alley 1st Wednesday 26 N/O Whitcomb between Wabash and Minnesota 1st Wednesday 27 E/0 Minnesota between Leadora and Whitcomb 1st Wednesday 28 E/0 Pasadena between Leadora and Whitcomb 1st Wednesday 29 E10 pennsylvania between Whitcomb and sly alley 1st Tuesday 30 N/O Bennet between Pennsylvania and Vermont 1st Tuesday 31 E/0 Vermont between Whitcomb and sly alley 1st Tuesday 32 N/O Bennett between Vermont and Glendora 1st Tuesday 33 E/0 Glendora between Whitcomb and sly alley 1st Wednesday 34 N/0 Bennett between Glendora and Vista Bonita 1st Wednesday 35 E/0 Bista Bonita between Whitcomb and sly alley 1st Wednesday 36 N/O Bennett between Vista Bonita and Wabash 1st Wednesday 37 N/O Meda between Pennsylvania and Vermont 1st Wednesday 38 N/O Meda between Vermont and Glendora 1st Wednesday
39 N/0 Meda between Glendora and Vista Bonita 1st Wednesday 40 N/O Meda between Vista Bonita and Wabash 1st Wednesday 41 N/O Meda between Wabash and Minnesota 1st Wednesday
42 S/O Mountain View between Pennsylvania and wly end 1st Wednesday 43 N/O Foothill between Pennsylvania and Vermont 1st Wednesday 44 E/0 Pennsylvania between 5/0 Mountain View and sly alley 1st Wednesday Item #21. Page 228
Meeting Date: 8/23/2022 / Packet Page #: 664
45 5/0 Meda between Vermont and Glendora 1st Wednesday
46 N/O Foothill between Vermont and Glendora 1st Wednesday 47 E/0 Vermont between N/O Foothill and rely end 1st Wednesday 48 E/0 Glendora between Meda and sly alley 1st Wednesday 49 N/O Foothill between Glendora and Vista Bonita 1st Wednesday 50 S/0 Meda between Vista Bonita and Wabash 1st Wednesday 51 N/O Foothill between Vista Bonita and Wabash 1st Wednesday 52 E/O Vista Bonita between N/O Foothill and rely alley 1st Wednesday 53 5/0 Meda between Wabash and Minnesota 1st Wednesday
54 W/O Washington between Foothill and sly alley 1st Wednesday 55 E/0 Washington betweeen S/0 Foothill and MTA R/W 1st Wednesday 56 5/0 Foothill between Washington and wly alley 1st Wednesday 57 S/0 Foothill between Washington and Pennsylvania 1st Wednesday 58 E/O Washington between Carroll and rely alley 1st Wednesday 59 5/0 Foothill between Pennsylvania and Vermont 1st Wednesday 60 E/O Pennsylvania between Carroll and rely alley 1st Wednesday 61 E/O Vermont between Carroll and illy end 1st Wednesday 62 E/O Vista Bonita between Carroll and nly alley 1st Wednesday 63 5/0 Foothill between Vista Bonita and Wabash 1st Wednesday 64 E/O Wabash between Carroll and rely alley 1st Wednesday 65 5/0 Foothill between Wabash and Minnesota 1st Wednesday 66 W/O Vermont between Carroll and Vermont 1st Wednesday 67 E/O Vermont between Carroll and sly end 1st Wednesday 68 E/0 Glendora between Carroll and Ada 1st Wednesday
69 E/O Vista Bonita between Carroll and Ada 1st Wednesday 70 E/0 Wabash between Carroll and Ada 1st Wednesday
71 N/O Gladstone between Bradford and Willow 1st Monday 72 N/O Gladstone between Willow and Valley Center 1st Monday SIM tt iiaL. c•‘ 1 4rL rnstgInt7
Alleys not on contract list
73 E/0 Grand between Carter and Fleetwood ' 1st Monday 74 N/O Plymouth between sunflower and Grammont 1st Monday , 75 . E/0 Burnaby between Heather and Gladstone - 1st Monday 76 E/O Glendora between Ada and Walnut 1st Wednesday
77 - E/0 Vista Bonita Between Ada and Walnut ' 1st Wednesday 78 E/O Glendora between Walnut and Lemon - 1St Wednesday 79 E/O Loraine between Foothill and Carroll 1st Friday
Item #21. Page 229
Meeting Date: 8/23/2022 / Packet Page #: 665
City of Glendora
Foothill Transit Bus Stop List
Street Cross Street Location Corner Pos. Items Emptied Year Installed Route(s) Route 66 Vecino Dr. Near-side S/W Corner Can Weekly 2005 187 EB Route 66 Grand Ave. Far-side S/E Corner Bench/Can Weekly 2002 187 EB Route 66 Vermont Ave. Far-side S/E Corner Bench/Can Weekly 2005 187 EB Route 66 Glendora Ave. Near-side S/W Corner Bench/Can Weekly 2004 187 EB Route 66 Pasadena Ave. Near-side S/VV Corner Bench/Can Weekly 2003 187 EB Route 66 Elwood Ave. Far-side S/E Corner Bench/Can Weekly 2002 187 EB Route 66 Loraine Ave. Mid-block South Bench/Can Weekly 2002 187 EB Route 66 Hunters Trail Near-side S/VV Corner Bench/Can Weekly 2005 187 EB Route 66 Lope Ln. Far-side S/E Corner Can Weekly 2002 187 EB Route 66 Lone Hill Ave. Far-side S/E Corner Bench/Can Weekly Replaced 2010 187 EB Foothill Blvd. Amelia Ave. Near-side N/E Corner 2013 187 WB Route 66 Lone Hill Ave. Near-side N/E Corner Bench/Can Weekly 187 WB Route 66 Compromise Line Dr. Near-side N/E Corner Bench/Can Weekly 2002 187 WB Route 66 Hunters Trail Mid-block North Bench/Can Weekly 2002 187 WE Route 66 Loraine Ave. Near-side N/E Corner Bench/Can Weekly 2005 187 WB Route 66 Elwood Ave. Near-side N/E Corner Bench/Can Weekly 2005 187 WB Route 66 Pasadena Ave. Far-side NM Corner Bench/Can Weekly 2005 187 WB Route 66 Glendora Ave. Far-side NM Corner Bench/Can Weekly 2006 187 WB/284 SB Route 66 Vermont Ave. Near-side NM Corner Bench/Can Weekly 2002 187 WB Route 66 Grand Ave. Near-side N/E Corner Bench/Can Weekly 2005 187 WB Route 66 Forestdale Ave. Far-side NM Corner Bench/Can Weekly 2003 187 WB Route 66 Barranca Ave. Near-side N/E Corner Bench/Can Weekly 187 WB Lone Hill Ave. Lone Hill Park & Ride Mid-block East
284NB/494
WB/690 WE
Lone Hill Ave. Petunia St. Near-side S/E Corner 284NB/494 WB Lone Hill Ave. Kenoma St. Far-side N/E Corner 284NB/494 WB Lone Hill Ave. Route 66 Far-side N/E Corner 284NB/494 WE Lone Hill Ave. Palopinto Ave. Mid-block East 284NB/494 WB Foothill Blvd. Lone Hill Ave. Far-side N/W Comer 2013 284NB/494 WB Foothill Blvd. Whispering Oaks Dr. Near-side N/E Corner 284NB/494 WB Item #21. Page 230
Meeting Date: 8/23/2022 / Packet Page #: 666
Foothill Blvd. Valley Center Dr. Far-side NM Corner Trash Can Weekly 2004 284NB/494
WB/851 SB
Foothill Blvd. Loraine Ave. Near-side N/E Corner Bench Weekly 2004 284N B1494
WB/851 SB
Foothill Blvd. Elwood Ave. Near-side N/E Corner Bench/Can Weekly 2008 284NB/494 WB Foothill Blvd. Live Oak Ave. Far-side NM Corner Bench/Can Weekly 2008 284NB/494 WB Foothill Blvd. Minnesota Ave. Near-side N/E Corner 284NB1494 WB Glendora Ave. Foothill Blvd. Far-side SNV Corner Bench/Can Weekly 2003 284 NB Glendora Ave. Ada Ave. Far-side S/W Corner 284 NB
Vermont Ave. Route 66 Far-side N/E Corner Layover
Glendora Ave. Ada Ave. Far-side N/E Corner Bench/Can Weekly 2004 284 SB/851 NB Glendora Ave. Foothill Blvd. Near-side S/E Corner Bench/Can Weekly 2010 284 SB/851 NB Foothill Blvd. Minnesota Ave. Near-side SNV Corner 284 5B1494 EB Foothill Blvd. Live Oak Ave. Mid-block South Bench/Can Weekly 2008 284 SB/494 EB Foothill Blvd. Barranca Ave. N/E Corner Bench/Can Weekly 2002 Foothill Blvd. Barranca Ave. S/W Corner Bench/Can Weekly 2002 Foothill Blvd. Elwood Ave. Far-side S/E Corner Bench/Can Weekly 2008 284 SB/494 EB Foothill Blvd. Loraine Ave. Far-side S/E Corner Trash Can Weekly 2013 284 SB/494 EB Foothill Blvd. Valley Center Dr. Far-side S/E Corner 284 SB/494 EB Foothill Blvd. Gordon Ave. Near-side SNV Corner 284 SB/494 EB Foothill Blvd. Lone Hill Ave. Near-side S/W Corner 2013 284 SB/494 EB Lone Hill Ave. Palopinto Ave. Near-side NM Corner 284 SB1494 EB Lone Hill Ave. Route 66 Far-side S/W Corner 284 SB/494 EB Lone Hill Ave. Kenoma St. Near-side NM Corner 284 SB/494 EB Lone Hill Ave. Petunia St. Near-side S/E Corner 2013 284 NB/494 WB Lone Hill Ave. Petunia St. Far-side SNV Corner 2013 284 NB/494 EB Lone Hill Ave. Lone Hill Park & Ride (Op Mid-block West Bench/Can Weekly 2010 284 SB/494 EB Lone Hill Ave. Gladstone Ave. Near-side NM Corner 284 SB Grand Ave. Gladstone Ave. Near-side S/VV Corner Bench/Can Weekly 2004 488 E81498 EB Grand Ave. Dawson Ave. Far-side N/E Corner Bench/Can Weekly 2004 488 ES Grand Ave. Citrus Edge St. Near-side S/E Corner Bench/Can Weekly 2001 488 EB1498 EB Grand Ave. Baseline Rd. Far-side N/E Corner Bench/Can Weekly 2002 488 EB/498 EB Grand Ave. Mauna Loa Ave. Near-side S/E Corner Bench/Can Weekly 2001 488 EB/498 EB Grand Ave. Route 66 Far-side N/E Corner Can Weekly 2002 488 EB/498 EB Grand Ave. Ada Ave. Far-side N/E Corner Can Weekly 2002 488 EB Foothill Blvd. Valencia St. Near-side N/E Corner 488 EB/494 WB Foothill Blvd. Valencia St. Far-side S/E Corner Bench/Can Weekly 2002 488 WB/494 WB Item #21. Page 231
Meeting Date: 8/23/2022 / Packet Page #: 667
Foothill Blvd. Grand Ave. Near-side S/W Corner Bench/Can Weekly' 2002 488 WB/494 WB Grand Ave. Ada Ave. Mid-block West Can Weekly 20.02 488 WB Grand Ave. Route 66 Far-side S/W Corner Bench/Can Weekly 2004 488 WB/498 WB Grand Ave. Mauna Loa Ave. Near-side NM Corner Bench/Can Weekly 2004 488 WB/498 WB Grand Ave. Baseline Rd. Near-side N/W Corner Can Weekly 2003 488 WB1498 WB Grand Ave. Citrus Edge St. Far-side SNV Corner Bench/Can Weekly 2002 488 WB/498 WB Grand Ave. Dawson Ave. Mid-block West Bench/Can Weekly 2002 488 WB Grand Ave. Gladstone Ave. Far-side S/W Corner Bench/Can Weekly 2002 488 WB1498 WB Arrow Hwy. Strawberry Ln. Mid-block North 492 WB
Arrow Hwy. Sunflower Ave. Near-side N/E Corner Bench/Can Weekly 2002 492 WB Arrow Hwy. Lyman Ave. Mid-block North 492 WB/851 SB
Arrow Hwy. Bonnie Cove Ave. Far-side NM Corner 492 WB/851 SB Arrow Hwy. Grand Ave. Near-side NM Corner Replacement 492 WB Arrow Hwy. Glendora Ave. Far-side NM Corner Replacement 492 WB Foothill Blvd. Washington Ave. Far-side S/E Corner Bench Weekly Replacement 494 EB Foothill Blvd. Glendora Ave. Near-side S/VV Corner Bench/Can Weekly 2003 494 EB Foothill Blvd. Glendora Ave. Far-side NM Corner Bench/Can Weekly 2000 494 WB Foothill Blvd. Washington Ave. Mid-block North 494 WB
Foothill Blvd. Grand Ave. Near-side N/E Corner Bench/Can Weekly 2003 494 WB Baseline Rd. Grand Ave. Far-side NM Corner 690 WB
Baseline Rd. Grand Ave. Near-side S/W Corner 690 EB
210 East On-Ramp Lone Hill Ave. Far-side S/E Corner 690 EB Sunflower Ave. Arrow Hwy. Far-side N/E Corner 851 NB
Sunflower Ave. Juanita Ave. Far-side N/E Corner 2013 851 NB Gladstone Ave. Sunflower Ave. Far-side NM Corner 851 NB Gladstone Ave. Bonnie Cove Ave. Near-side N/E Corner 851 NB Gladstone Ave. Rimhurst Ave. Far-side NM Corner 2013 851 NB Glendora Ave. Dawson Ave. Mid-block East 851 NB
Lone Hill Ave. S/W Corner Bench/Can Weekly 2010
Glendora Ave. Route 66 Far-side N/E Corner Can Weekly 2004 851 NB Bennett Ave. Vermont Ave. Near-side N/E Corner 851 NB
Bennett Ave. Washington Ave. Near-side N/E Corner 2013 851 NB Bennett Ave. Grand Ave. Near-side N/E Corner Can Weekly Replacement 851 NB Grand Ave. Leadora Ave. Near-side S/E Corner 851 NB
Grand Ave. Sierra Madre Ave. Near-side S/E Corner Can Weekly 2004 851 NB Sierra Madre Ave. Bubbling Well Dr. Mid-block South Can Weekly 2004 851 NB Sierra Madre Ave. Glendora Ave. Near-side S/W Corner 851 NB Item #21. Page 232
Meeting Date: 8/23/2022 / Packet Page #: 668
Sierra Madre Ave. Cullen Ave. Near-side S/W Corner 851 NB Sierra Madre Ave. Live Oak Ave. Far-side S/E Corner 851 NB Sierra Madre Ave. Northridge Ave. Far-side S/E Corner 851 NB Sierra Madre Ave. Loraine Ave. Near-side SNV Corner 2013 851 NB Sierra Madre Ave. Treanor Ave. Near-side S/W Corner 851 NB Sierra Madre Ave. Fountain Springs Ln. Near-side S/VV Corner 851 NB Valley Center Dr. Cathrine Park Dr. Mid-block West 2013 851 NB Loraine Ave. Bennett Ave. Near-side ,S/E Corner 2013 851 SB Loraine Ave. - Leadora Ave. Mid-block East 851 SB
Sierra Madre Ave. Loraine Ave. far-side NM Corner 2013 851 SB Sierra Madre Ave. Northridge Ave. Mid-block North 851 SB Sierra Madre Ave. Live Oak Ave. Near-side N/E Corner 851 SB Sierra Madre Ave. Banna Ave. Near-side N/E Corner 851 SB Sierra Madre Ave. Glendora Ave. Near-side N/E Corner 851 SB Sierra Madre Ave. Bubbling Well Dr. Near-side N/E Corner 851 SB Grand Ave. Sierra Madre Ave. Far-side S/VV Corner Can Weekly 2003 851 SB Grand Ave. Leadora Ave. Near-side NM Corner Can Weekly 2003 851 SB Grand Ave. Bennett Ave. Near-side NM Corner Can Weekly 2003 851 SB Beimett Ave. Washington Ave. Mid-block South Bench Weekly 2000 851 SB Bennett Ave. Vermont Ave. Far-side S/E Corner Bench/Can Weekly 2008 851 SB Sunflower Ave. Juanita Ave. Near-side S/E Corner 2013 851 SB Item #21. Page 233
Meeting Date: 8/23/2022 / Packet Page #: 669

PARKING LOTS SERVICE DAY
Teen center Lot Monday
Pompeii Park Lot Monday
LOT 1
CiviCenter/Downtown Wednesday
LOT 2
CiviCenter/Downtown Wednesday
LOT 3
CiviCenter/Downtown Wednesday
LOT 4
CiviCenter/Downtown Wednesday
LOT 5
CiviCenter/Downtown Wednesday
LOT 6
CiviCenter/Downtown Wednesday
LOT 7
CiviCenter/Downtown Wednesday
LOT 8
CiviCenter/Downtown Wednesday
LOT 9
CiviCenter/Downtown Wednesday
LOT 10
CiviCenter/Downtown Wednesday
Metro Parking Lot Wednesday
LA Ferta Center Lot Wednesday
LA Ferta & Transit Center Lots Wednesday
Water Yard Thursday
2244 E. Route 66 Friday
Street Yard Friday
Parks Yard Friday
Item #21. Page 234
Meeting Date: 8/23/2022 / Packet Page #: 670
Scale Plan No.
1 / 10
FAO No. ' Sheet of sheets
Drawn by
Date

PUBLIC WORKS DEPARTMENT - ENGINEERING
Apdpved
if-I-o 1k
Date
2244 E. ROUTE 66

LOTS TO BE SWEPT
City of Glendora
"Pride of the Foothill?
116 E. Foothill Boulevard, Glendora, CA 91741
0(626)914-8246 ia(626) 914-9053
Item #21. Page 235
Meeting Date: 8/23/2022 / Packet Page #: 671
Drawn by
Date

PUBLIC WORKS DEPARTMENT - ENGINEERING
84-ZOOF
Date
City of Glendora
"Pride of the Foothill?
116 E. Foothill Boulevard. Glendora, CA 91741
CD(626) 914-8246 Q(626)914-9053
Plan No.
2 ,/ 10
File No. Sheet of sheets

LA FETRA & TRANSIT CENTER LOTS

LOTS TO BE SWEPT
Item #21. Page 236
Meeting Date: 8/23/2022 / Packet Page #: 672

PUBLIC WORKS DEPARTMENT - ENGINEERING
3 / 10
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OTS TO BE SWEPT
ity of G en ora
"Pride of the Foothill?
116 E. Foothill Boulevard. Glendora, CA 91741
CD(626) 914-8246 1,1(626) 914-9053
Item #21. Page 237
Meeting Date: 8/23/2022 / Packet Page #: 673
AMR.

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4 OTS TO BE SWEPT
16 E. Foothill Boulevard, Glendora, CA 91741
CD(626) 914-8246 '(626) 914-9053
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4 10
Sheet of sheets

P BLIC WORKS DEPARTMENT - ENGINEERING
Approved by:

Item #21. Page 238
Meeting Date: 8/23/2022 / Packet Page #: 674

PUBLIC WORKS DEPARTMENT - ENGINEERING
Approved by:

ATER YARD & NEXT TO WAT R YARD
11211,4 LOTS TS BE SWEPT
City of G endora
"Pride of the Foothill?
16 E. Foothill Boulevard, lendora. • 917.
(1(626) 914-8246 l(626) 914-9053
Item #21. Page 239
Meeting Date: 8/23/2022 / Packet Page #: 675
Drawn by ScaIe
84-wit
Date Date

PUBLIC WORKS DEPARTMENT - ENGINEERING
Approved by
rM()
City of Glendora
"Pride of the Foothills"
116 E. Foothill Boulevard, Glendora, CA 91741
0(626) 914-8246 0(626) 914-9053
Plan No.
6 10
Fie No. Sheet of sheets

POMPEII PARKING LOT

LOTS TO BE SWEPT
Item #21. Page 240
Meeting Date: 8/23/2022 / Packet Page #: 676
Drawn by Scala
Date

PUBLIC WORKS DEPARTMENT - ENGINEERING
AR:Proved by It
Rig* -
If Date
City of Glendora
"Pride of the Foothill?
116 E. Foothill Boulevard, Glendora, CA 91741
1(626) 914-8246 61(626) 914-9053
Plan No.
7 / 10
File No. Sheet of sheets i

TEEN CENTER LOT

LOTS TO BE SWEPT
Item #21. Page 241
Meeting Date: 8/23/2022 / Packet Page #: 677
Drawn by
Date
Scale —4--
File No.

Plan No
8 10
Sheet of sheets_i

PUBLIC WORKS DEPARTMENT - ENGINEERING
Approved by:
8 -1--tat
Date

METRO PARKING LOT

LOTS TO BE SWEPT
City of Glendora
"Pride of the Foothill?
116 E. Foothill Boulevard, Glendora, CA 91741
(1(626) 914-8246 a(626) 914-9053
Item #21. Page 242
Meeting Date: 8/23/2022 / Packet Page #: 678

FETRA CENTER LO
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LOTS TO BE SWEPT
City of Glendora
"Pride of the Foothills"
116 E. Foothill Boulevard, Glendora, CA 91741
CD(626) 914-8246 M(626) 914-9053
Date
-•••
Item #21. Page 243
Meeting Date: 8/23/2022 / Packet Page #: 679

PUBLIC WORKS DEPARTMENT - ENGINEERING
File No. Plan No
10 / 10
Sheet of sheets
4-2elt
Date

VARIOUS PARKING LOTS
KZ] LOTS TO BE SWEPT
Drawn by
City of Glendora
"Pride of the Foothill?
116 E. Foothill Boulevard, Glendora, CA 91741
](626) 914-8246 ,-'.(626) 914-9053
Date Scale
Item #21. Page 244
Meeting Date: 8/23/2022 / Packet Page #: 680

EXHIBIT I

BUS STOP LOCATIONS
STREET CROSS STREET LOCATION CORNER POS. ITEMS
ROUTE 66 VECINO DR. NEAR-SIDE S/W CORNER CAN
ROUTE 66 GRAND AVE. FAR-SIDE S/E CORNER BENCH/CAN
ROUTE 66 VERMONT AVE. FAR-SIDE S/E CORNER BENCH/CAN
ROUTE 66 GLENDORA AVE. NEAR-SIDE S/W CORNER BENCH/CAN
ROUTE 66 PASADENA AVE. NEAR-SIDE S/W CORNER BENCH/CAN
ROUTE 66 ELWOOD AVE. FAR-SIDE S/E CORNER BENCH/CAN
ROUTE 66 LORAINE AVE. MID-BLOCK SOUTH BENCH/CAN
ROUTE 66 HUNTERS TRAIL NEAR-SIDE S/W CORNER BENCH/CAN
ROUTE 66 LOPE LN. FAR-SIDE S/E CORNER CAN
ROUTE 66 LONE HILL AVE. FAR-SIDE S/E CORNER BENCH/CAN
FOOTHILL BLVD. AMELIA AVE. NEAR-SIDE N/E CORNER
ROUTE 66 LONE HILL AVE. NEAR-SIDE N/E CORNER BENCH/CAN
ROUTE 66 COMPROMISE LINE DR. NEAR-SIDE N/E CORNER BENCH/CAN ROUTE 66 HUNTERS TRAIL MID-BLOCK NORTH BENCH/CAN
ROUTE 66 LORAINE AVE. NEAR-SIDE N/E CORNER BENCH/CAN
ROUTE 66 ELWOOD AVE. NEAR-SIDE N/E CORNER BENCH/CAN
ROUTE 66 PASADENA AVE. FAR-SIDE N/W CORNER BENCH/CAN
ROUTE 66 GLENDORA AVE. FAR-SIDE N/W CORNER BENCH/CAN
ROUTE 66 VERMONT AVE. NEAR-SIDE N/W CORNER BENCH/CAN
ROUTE 66 GRAND AVE. NEAR-SIDE N/E CORNER BENCH/CAN
ROUTE 66 FORESTDALE AVE. FAR-SIDE N/W CORNER BENCH/CAN
ROUTE 66 BARRANCA AVE. NEAR-SIDE N/E CORNER BENCH/CAN
LONE HILL AVE. LONE HILL PARK & RIDE MID-BLOCK EAST
LONE HILL AVE. PETUNIA ST. NEAR-SIDE S/E CORNER
LONE HILL AVE. KENOMA ST. FAR-SIDE N/E CORNER
LONE HILL AVE. ROUTE 66 FAR-SIDE N/E CORNER
LONE HILL AVE. PALOPINTO AVE. MID-BLOCK EAST
FOOTHILL BLVD. LONE HILL AVE. FAR-SIDE N/W CORNER
FOOTHILL BLVD. WHISPERING OAKS DR. NEAR-SIDE N/E CORNER FOOTHILL BLVD. VALLEY CENTER DR. FAR-SIDE N/W CORNER TRASH CAN FOOTHILL BLVD. LORAINE AVE. NEAR-SIDE N/E CORNER BENCH
FOOTHILL BLVD. ELWOOD AVE. NEAR-SIDE N/E CORNER BENCH/CAN FOOTHILL BLVD. LIVE OAK AVE. FAR-SIDE N/W CORNER BENCH/CAN

6.3 Item #21. Page 245
Meeting Date: 8/23/2022 / Packet Page #: 681
FOOTHILL BLVD. MINNESOTA AVE. NEAR-SIDE N/E CORNER
GLENDORA AVE. FOOTHILL BLVD. FAR-SIDE S/W CORNER BENCH/CAN GLENDORA AVE. ADA AVE. FAR-SIDE S/W CORNER
VERMONT AVE. ROUTE 66 FAR-SIDE N/E CORNER
GLENDORA AVE. ADA AVE. FAR-SIDE N/E CORNER BENCH/CAN
GLENDORA AVE. FOOTHILL BLVD. NEAR-SIDE S/E CORNER BENCH/CAN FOOTHILL BLVD. MINNESOTA AVE. NEAR-SIDE S/W CORNER
FOOTHILL BLVD. LIVE OAK AVE. MID-BLOCK SOUTH BENCH/CAN
FOOTHILL BLVD. BARRANCA AVE. N/E CORNER BENCH/CAN
FOOTHILL BLVD. BARRANCA AVE. S/W CORNER BENCH/CAN
FOOTHILL BLVD. ELWOOD AVE. FAR-SIDE S/E CORNER BENCH/CAN FOOTHILL BLVD. LORAINE AVE. FAR-SIDE S/E CORNER TRASH CAN FOOTHILL BLVD. VALLEY CENTER DR. FAR-SIDE S/E CORNER
FOOTHILL BLVD. GORDON AVE. NEAR-SIDE S/W CORNER
FOOTHILL BLVD. LONE HILL AVE. NEAR-SIDE S/W CORNER
LONE HILL AVE. PALOPINTO AVE. NEAR-SIDE N/W CORNER
LONE HILL AVE. ROUTE 66 FAR-SIDE S/W CORNER
LONE HILL AVE. KENOMA ST. NEAR-SIDE N/W CORNER
LONE HILL AVE. PETUNIA ST. FAR-SIDE S/W CORNER
LONE HILL AVE. LONE HILL PARK & RIDE (OPP.) MID-BLOCK WEST BENCH/CAN LONE HILL AVE. GLADSTONE AVE. NEAR-SIDE N/W CORNER
GRAND AVE. GLADSTONE AVE. NEAR-SIDE S/W CORNER BENCH/CAN GRAND AVE. DAWSON AVE. FAR-SIDE N/E CORNER BENCH/CAN
GRAND AVE. CITRUS EDGE ST. NEAR-SIDE S/E CORNER BENCH/CAN GRAND AVE. BASELINE RD. FAR-SIDE N/E CORNER BENCH/CAN
GRAND AVE. MAUNA LOA AVE. NEAR-SIDE S/E CORNER BENCH/CAN GRAND AVE. ROUTE 66 FAR-SIDE N/E CORNER CAN
GRAND AVE. ADA AVE. FAR-SIDE N/E CORNER CAN
FOOTHILL BLVD. VALENCIA ST. NEAR-SIDE N/E CORNER
FOOTHILL BLVD. VALENCIA ST. FAR-SIDE S/E CORNER BENCH/CAN FOOTHILL BLVD. GRAND AVE. NEAR-SIDE S/W CORNER BENCH/CAN GRAND AVE. ADA AVE. MID-BLOCK WEST CAN
GRAND AVE. ROUTE 66 FAR-SIDE S/W CORNER BENCH/CAN
GRAND AVE. MAUNA LOA AVE. NEAR-SIDE N/W CORNER BENCH/CAN GRAND AVE. BASELINE RD. NEAR-SIDE N/W CORNER CAN
GRAND AVE. CITRUS EDGE ST. FAR-SIDE S/W CORNER BENCH/CAN GRAND AVE. DAWSON AVE. MID-BLOCK WEST BENCH/CAN
GRAND AVE. GLADSTONE AVE. FAR-SIDE S/W CORNER BENCH/CAN ARROW HWY. STRAWBERRY LN. MID-BLOCK NORTH
ARROW HWY. SUNFLOWER AVE. NEAR-SIDE N/E CORNER BENCH/CAN ARROW HWY. LYMAN AVE. MID-BLOCK NORTH
64 Item #21. Page 246
Meeting Date: 8/23/2022 / Packet Page #: 682
ARROW HWY. BONNIE COVE AVE. FAR-SIDE N/W CORNER
ARROW HWY. GLENDORA AVE. FAR-SIDE N/W CORNER BENCH/CAN
FOOTHILL BLVD. WASHINGTON AVE. FAR-SIDE S/E CORNER BENCH FOOTHILL BLVD. GLENDORA AVE. NEAR-SIDE S/W CORNER BENCH/CAN FOOTHILL BLVD. GLENDORA AVE. FAR-SIDE N/W CORNER BENCH/CAN FOOTHILL BLVD. WASHINGTON AVE. MID-BLOCK NORTH
FOOTHILL BLVD. GRAND AVE. NEAR-SIDE N/E CORNER BENCH/CAN BASELINE RD. GRAND AVE. FAR-SIDE N/W CORNER
BASELINE RD. GRAND AVE. NEAR-SIDE S/W CORNER
210 EAST ON-RAMP LONE HILL AVE. FAR-SIDE S/E CORNER
SUNFLOWER AVE. ARROW HWY. FAR-SIDE N/E CORNER
SUNFLOWER AVE. JUANITA AVE. FAR-SIDE N/E CORNER
GLADSTONE AVE. SUNFLOWER AVE. FAR-SIDE N/W CORNER
GLADSTONE AVE. BONNIE COVE AVE. NEAR-SIDE N/E CORNER
GLADSTONE AVE. RIMHURST AVE. FAR-SIDE N/W CORNER
GLENDORA AVE. DAWSON AVE. MID-BLOCK EAST
LONE HILL AVE. MARKET PLACE NEAR-SIDE S/W CORNER BENCH/CAN GLENDORA AVE. ROUTE 66 FAR-SIDE N/E CORNER CAN
BENNETT AVE. VERMONT AVE. NEAR-SIDE N/E CORNER
BENNETT AVE. WASHINGTON AVE. NEAR-SIDE N/E CORNER
BENNETT AVE. GRAND AVE. NEAR-SIDE N/E CORNER CAN
GRAND AVE. LEADORA AVE. NEAR-SIDE S/E CORNER
GRAND AVE. SIERRA MADRE AVE. NEAR-SIDE S/E CORNER CAN
SIERRA MADRE AVE. BUBBLING WELL DR. MID-BLOCK SOUTH
SIERRA MADRE AVE. GLENDORA AVE. NEAR-SIDE S/W CORNER
SIERRA MADRE AVE. CULLEN AVE. NEAR-SIDE S/W CORNER
SIERRA MADRE AVE. LIVE OAK AVE. FAR-SIDE S/E CORNER
SIERRA MADRE AVE. NORTHRIDGE AVE. FAR-SIDE S/E CORNER
SIERRA mADRE AVE. LORAINE AVE. NEAR-SIDE S/W CORNER
SIERRA MADRE AVE. TREANOR AVE. NEAR-SIDE S/W CORNER
SIERRA MADRE AVE. FOUNTAIN SPRINGS LN. NEAR-SIDE S/W CORNER VALLEY CENTER DR. CATHRINE PARK DR. MID-BLOCK WEST
LORAINE AVE. BENNETT AVE. NEAR-SIDE S/E CORNER
LORAINE AVE. LEADORA AVE. MID-BLOCK EAST
SIERRA MADRE AVE. LORAINE AVE. FAR-SIDE N/W CORNER
SIERRA MADRE AVE. NORTHRIDGE AVE. MID-BLOCK NORTH
SIERRA MADRE AVE. LIVE OAK AVE. NEAR-SIDE N/E CORNER
SIERRA MADRE AVE. BANNA AVE. NEAR-SIDE N/E CORNER
SIERRA MADRE AVE. GLENDORA AVE. NEAR-SIDE N/E CORNER
SIERRA MADRE AVE. BUBBLING WELL DR. NEAR-SIDE N/E CORNER GRAND AVE. SIERRA MADRE AVE. FAR-SIDE S/W CORNER CAN
65 Item #21. Page 247
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GRAND AVE. LEADORA AVE. NEAR-SIDE N/W CORNER CAN
GRAND AVE. BENNETT AVE. NEAR-SIDE N/W CORNER CAN
BENNETT AVE. WASHINGTON AVE. MID-BLOCK SOUTH BENCH
BENNETT AVE. VERMONT AVE. FAR-SIDE S/E CORNER BENCH/CAN ARROW HWY. GRAND AVE. N/W CORNER BENCH/CAN
66 Item #21. Page 248
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EXHIBIT J

SPECIFICATIONS FOR HYDRO TEK POWER WASHER
3000psi
Sgalions per minute
18hp pump
2900w generator
200gallon water tank
Stainless steel high pressure hose
Reel with hose and wand
Vacuum recovery system
Smicron filtration system for water reuse
Containment berms, vacuum hose
Self-contained unit that does not require any outside power source 67 Item #21. Page 249
Meeting Date: 8/23/2022 / Packet Page #: 685

SECOND AMENDMENT TO THE

FRANCHISE AGREEMENT

BETWEEN THE CITY OF GLENDORA AND ARAKELIAN
ENTERPRISES, INC.,

FOR INTEGRATED WASTE MANAGEMENT

BY AND BETWEEN

CITY OF GLENDORA
AND
ARAKELIAN ENTERPRISES, INC.

D/B/A/ ATHENS SERVICES
AGREEMENT EFFECTIVE SEPTEMBER 1, 2014
AMENDMENT EFFECTIVE JULY 1, 2018
01240.0001/477834. I 5
Item #21. Page 250
Meeting Date: 8/23/2022 / Packet Page #: 686

SECOND AMENDMENT TO THE FRANCHISE AGREEMENT BETWEEN

THE CITY OF GLENDORA AND
ARAKELIAN ENTERPRISES, INC.,

FOR INTEGRATED WASTE MANAGEMENT

THIS SECOND AMENDMENT TO THE FRANCHISE AGREEMENT
BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC., FOR INTEGRATED WASTE MANAGEMENT ("Second Amendment") is entered into as of July 1, 2018 ("Effective Date"), by and between the City of Glendora, California, a municipal corporation ("City"), and Arakelian Enterprises, Inc. dba Athens Services, a California corporation ("Athens Services").

RECITALS
WHEREAS, the City is empowered under Section 7 of Article XI of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (the "Act" or "AB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions; and
WHEREAS, the California Constitution and the Act authorize the City to determine the aspects of solid waste handling which are of local concern, including the means by which solid waste services are to be rendered and whether solid waste services are to be provided on an exclusive or non-exclusive basis; and
WHEREAS, the City Council of the City of Glendora has determined that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified solid waste enterprise to provide integrated waste management, to arrange with Solid Waste Customers for the collection of Solid Waste, including the recovery of Recyclable Solid Waste, and the collection and disposal of Solid Waste from specified properties within the City; and WHEREAS, the City Council of the City of Glendora declares its intention to maintain reasonable rates for collection and disposal of Solid Waste and collection and recycling of Recyclable Solid Wastes within the City concurrent with achieving state-mandated landfill diversion and recycling marks as established by AB 939; and WHEREAS, effective September 1, 2014, City and Athens Services entered into that certain Franchise Agreement between the City of Glendora and Arakelian Enterprises, Inc., for Integrated Waste Management ("Original Agreement"); and WHEREAS, effective June 9, 2015, the City and Athens Services entered into that certain First Amendment to the Franchise Agreement between the City of Glendora and Arakelian Enterprises, Inc., for Integrated Waste Management ("First Amendment"); and 01240.0001 /477834.15 2
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WHEREAS, the Original Agreement, as amended by the First Amendment, shall be referred to herein as the "Franchise Agreement"; and
WHEREAS, the City Council of the City of Glendora and Athens Services desire to amend the Franchise Agreement as set forth in this Second Amendment.

NOW, THEREFORE, the parties, in consideration of their respective mutual promises, agree as follows:

TERMS OF AGREEMENT

1. Each and every one· of the Recitals set forth above is a material part of this Second Amendment and is hereby incorporated by reference into and made part of this Second Amendment by this reference.

2. Except as otherwise defined herein, all defined terms used m this Second Amendment shall have the meaning set forth in the Franchise Agreement.

3. A new Section I.DD of the Franchise Agreement is added as follows:
" DD. AB 1826
" "AB 1826" shall mean Assembly Bill 1826 (Chesbro), codified as Chapter 12.9 (commencing with Section 42649.8) of Part 3 of Division 30 of the Public Resources Code, as may be amended from time to time, and any regulations that may be adopted from time to time by any agency of the State of California to implement said Act."

4. A new Section LEE of the Franchise Agreement is added as follows:
" EE. AB 1594
" "AB 1594" shall mean Assembly Bill 1594 (Williams), amending Public Resources Code Sections 40507 and 41781.3, as may be amended from time to time, and any regulations that may be adopted from time to time by any agency of the State of California to implement said Act."

5. A new Section I.FF of the Franchise Agreement is added as follows:
" FF. Organic Waste
" "Organic Waste" shall have the meanmg set forth m Public Resources Code section 42649.8(c)."

6. Two new paragraphs in Section 3.G. of the Franchise Agreement are added as follows:
"School District Facilities - Effective January 1, 2019, Athens Services shall offer to collect and dispose of all Solid Waste, Green Waste, Organic Waste, and 01240.0001/477834.15 3
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compostables generated at certain premises owned and/or operated by any and all public, K-12 school district( s) operating within City of Glendora limits ("School District"), but only to the extent the following conditions are fulfilled:
01240.0001 /477834.15

1. Athens Services' collection operations are ( or become) franchised with, or expressly permitted by, such School District(s); and

2. Athens Services' collection operations to a School District will not cause an infringement upon the franchised rights of any other waste or recycling enterprise(s) having franchised operations within such School District; and

3. The franchise agreement, permit or other express authorization for waste and recycling services between Athens Services and each School District served pursuant to this Section 3.G shall require Athens Services to add the City of Glendora as an additional insured to the commercial general liability insurance coverages applicable to such services.

4. The franchise agreement, permit or other express authorization for waste and recycling services between Athens Services and each School District served pursuant to this Section 3.G shall incorporate an indemnity and defense provision favoring the City of Glendora, in a form substantially as follows:
"To the full extent permitted by law, Athens
Services shall indemnify, defend and hold
harmless City of Glendora and its officers,
employees and agents from and against any
liability (including liability for claims, suits,
actions, losses, expenses or costs of any kind,
whether actual, alleged or threatened,
including attorneys' fees and costs, ), where
the same arise out court costs, defense costs
and expert witness fees of, are a consequence
of, or are in any way attributable to, in whole
or in part, the performance of those services
performed by Athens Services of behalf of
[ name of school district] pursuant to that
Section 3.G of that certain "Second
Amendment to the Franchise Agreement
Between the City of Glendora and Arakelian
Enterprises, Inc., For Integrated Waste
Management" dated July 1, 2018, or by any
individual or entity for which Athens
Services is legally liable, including but not
4 Item #21. Page 253
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limited to officers, agents, employees or
subcontractors of Consultant."
To the extent the above conditions are met, Athens Services shall make collections from School District premises Monday through Friday (or on Saturdays following non-working holidays earlier that week) at the service levels needed to comply with all current state-mandated diversion rates for Solid Waste, Green Waste, Organic Waste, and compostables, all as further detailed in Exhibit F, to the extent such collection schedules and services are consistent with Athens Services' franchise contract with the subject School District. The services to be provided to School Districts pursuant to this Section G shall be provided by Athens Services or its subcontractors at no additional charge to School District or the City; provided, however, that any changes in service levels, services for special projects at School District facilities, or additional services requested by School District in excess of those listed in Exhibit F shall be paid for by School District at reduced fees to be negotiated between School District and Athens Services. For clarity, the School District facilities do not include Citrus College.
"Compost/Mulch/Fertilizer - Effective July 1, 2018, Athens Services shall deliver to the City compost (up to a maximum of 100 tons per year) to the City for its use.

Mulch and fertilizer will be provided to the extent available. The City and Athens Services shall meet and confer twice per year, no later than October 31 and April 30 annually, to mutually prepare a plan for the delivery frequency, amounts, and delivery locations for compost to be provided to the City in the upcoming fiscal year. All costs of delivering compost to the City shall be born by Athens Services."

7. A new Section 3.R. of the Franchise Agreement is added as follows:
" R. Commercial & Multi-Family Organic Waste Services (AB 1826) " Effective July 1, 2018, Athens Services will provide all staff, labor, and materials to ensure City-wide compliance with AB 1826. This includes account site visits and reviews, public education and outreach as appropriate, meeting with CalRecycle staff, providing Organic Waste tonnage data to both the City and CalRecycle, and administering an Organic Waste services program.

Athens Services shall direct all source-separable or separated Organic Waste to an organics processing facility capable of meeting the requirements AB 1826 and any other applicable Organic Waste diversion requirements. " Athens Services will provide 35-gallon Organic Waste barrels to commercial and multi-family Customers, and School District facilities, that qualify and meet the compliance requirements of AB 1826, as well as commercial and multi-family Customers, and School District facilities, that might not meet the compliance requirements of AB 1826 but can demonstrate that they are able to 0 I 240.0001/477834. I 5 5
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and have a need to source-separate Organic Waste from their waste stream.

Athens Services will also provide dedicated non-food organics barrels (barrel size to be determined based on account site survey by Athens Services and to prevent any overfilling of, or overflow from, the containers) for non-food organic collection to those multi-family Customers that are subject to such collection under AB 1826. Such barrels for organics shall be of sufficient service level, and serviced on such frequency, that there does not result in any overfilling of, or overflow from, the containers. Athens Services will provide Organics Waste and non-food organics barrels to such Customers and School District facilities at a weekly frequency of service not to exceed the regular mixed waste frequency of service. Athens Services will replace such organics barrels as needed, upon Customer request and review by Athens Services.
" Athens Services reserves the right to inspect, audit, and review the service level (quantity of container(s) and weekly frequency of pick-up) of organics services at each account that requests organics services. Athens Services may reduce or increase the organics service level based on the inspection and audit.
" Organics Waste from commercial and multi-family Customers in the City must be clean per Section I .FF above, and must contain less than 5% contamination. If any Organics Waste customer is identified as containing more than 5% contaminants, Athens Services will implement the following provisions in order to work with the Customer to decontaminate their Organics Waste:
0 I 240.0001/477834. I 5
1- Identify the source (Customer) of contamination ( first offense) and meet with that Customer to inform, educate, and eliminate the contaminants from their Organics Waste.
2- If Organics Waste contamination continues with the same identified source (second offense), that Customer's Organics Waste container(s) will be "red tagged" for non-compliance and the container(s) will not be picked-up until the Customer removes the identified contaminants.

Once the container(s) has been identified as clean Organics Waste, Athens Services will resume its normal pick up service to that Customer. If the Customer chooses not to clean up the container( s ), the Customer shall be subject to the "Organics Waste Contamination Fee" in Exhibit C for each noncompliant container and incident. 3- If Athens determines that the identified Customer in Step #1 has a third or subsequent offense within 90 days of the first offense, Athens will "red tag" the contaminated container(s) for non-compliance and will not pick-up the contaminated container(s) with the organics truck, notify the city and customer of the third or subsequent offense, charge the "Organics Waste Contamination Fee" in Exhibit C for each noncompliant container and for each pick-up, and have the option to reduce the customers' Organics Waste service level to a minimum of 6 Item #21. Page 255
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one organics barrel picked up one time per week until the customer can demonstrate that they are able to comply with the Organics Waste Program.
" Athens Services will provide sufficient service equipment (including an estimated one truck) in order to collect source-separated clean Organic Waste from commercial, multi-family, and School District accounts within the City having organics barrels as needed such that there does not result any overfilling of, or overflow from, the containers. Upon collecting such Organic Waste, Athens Services will take the Organic Waste to American Organics, or any other facility that can divert the Organic Waste from the landfill, where the Organic Waste may be counted as diversion for City as provided by applicable law."

8. A new Section 3.S. of the Franchise Agreement is added as follows:
" s. Residential Green Waste Services (AB 1594)
" Effective January 1, 2020, Athens Services will comply with AB 1594, including public education and outreach as appropriate. Athens Services will continue to collect and haul Green Waste from residential accounts in accordance with then-current procedures, but will commence compliance with AB 1594 by transferring all source-separated residential Green Waste ( excluding food waste, food scraps, or other Green Waste not allowed for such diversion) to American Organics, or any other facility that can divert the Green Waste from the landfill, where the Green Waste may be counted as diversion for the City as provided by applicable law."

9. Effective as of the Effective Date of this Second Amendment, Section 4.E of the Franchise Agreement is replaced in its entirety with the following:
" E. Construction and Demolition Debris
Athens Services guarantees that each individual construction or demolition project that falls under Title 6, Chapter 6.09 of the Municipal Code meets the 65% diversion rate or as required under applicable State law. Athens Services will consult with construction and demolition debris Customers to assist in project diversion planning."

10. Effective as of the Effective Date of this Second Amendment, Section B.11 of Exhibit B to the Franchise Agreement is revised to add a second paragraph as follows (all other provisions of said provision to remain-unchanged):
" Athens Services guarantees compliance with the requirements of AB 939, AB 1826, AB 1594 and AB 341 as amended from time to time. Athens Services shall carry out its obligations under this Agreement so that the City will meet or exceed the diversion standards set forth in those requirements, and all amendments thereto more fully set forth below. City and Athens Services shall 01240.0001/477834.l 5 7
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reasonably assist each other to meet the diversion requirements necessary for compliance with the stated bills. In carrying out the provisions of this Section, Athens Services agrees to perform the following obligations at its cost and expense:
(a) Defend, with counsel approved by City, indemnify and hold harmless the City against all fines and/or penalties imposed by the CalRecycle, if Athens Services fails or refuses to provide information relating to its operations that is required under this Agreement, and such failure or refusal prevents or delays the submission of reports required by AB 939, AB 1826, AB 1594 or AB 341 (as amended from time to time) in a timely manner;
(b) Assist City in preparing for, and participating in, the CalRecycle's biannual review of the City's source reduction and recycling element pursuant to Public Resources Code Section 41825;
( c) Assist City in responding to inqumes from the CalRecycle in applying for an extension under Public Resources Code Section 41820, if so directed by City; in conducting any hearing conducted by the CalRecycle relating to AB 939, AB 1826, AB 1594 and AB 341, as amended from time to time; or in any other investigative or enforcement manner undertaken by any agency; (d) Defend, with counsel acceptable to City, and indemnify and hold harmless the City against any fines or penalties levied against it for violation of the diversion requirements of AB 939, AB 1826, AB 1594 and AB 341 (as amended from time to time), provided that Athens Services' obligation to indemnify City shall be subject to the limitations set forth in Public Resources Code Section 40059 .1 ( c) as may be amended from time to time."

11. Effective as of the Effective Date of this Second Amendment, Section 6 of the Franchise Agreement is replaced in its entirety with the following:
"SECTION 6 - EFFECTIVE DATE AND TERM OF AGREEMENT
" A.
" The term of this Agreement shall be for a period of ten (10) years, commencing September 1, 2014, and ending at midnight on August 31, 2024, subject to Automatic Extensions as provided in Section 6.8 of this Agreement (as may be extended, "Term"); provided, however, that (i) both City and Athens Services may contract to extend the Term of this Agreement at any time, and (ii) no later than two (2) years prior to the expiration of the then-current Term, City and Athens Services will meet to discuss extending the Term of this Agreement, understanding that the parties have no obligation to enter into another agreement when the Term of this Agreement terminates.
01240.000 I /477834.15 8
Item #21. Page 257
Meeting Date: 8/23/2022 / Packet Page #: 693
" B. Automatic Extensions
" Notwithstanding Section 6.A of this Agreement, on September 1, 2018, the Term of this Agreement shall be extended through August 31, 2025, and thereafter on each September 1 commencing September 1, 2019, the Term of this Agreement shall be extended one (1) year (each an "Automatic Extension"), so that the full Term of the Agreement shall remain seven (7) years. " Commencing with the Automatic Extension to be effective September 1, 2024, either party may terminate the Automatic Extension provisions of this Section 6.B by giving the other party both (i) written notice of intent to terminate further Automatic Extensions on or before any February 28, and (ii) written notice of termination of further Automatic Extensions on or before the next-succeeding July 31, effective September 1. During the five ( 5) month period following any notice of intent to terminate further Automatic Extensions, the parties shall meet and negotiate in good faith at the request of either party. Upon any termination of further Automatic Extensions, the remaining Term of the Agreement shall be seven (7) years from the effective date of termination of further Automatic Extensions. If the notice of termination of further Automatic Extensions is given, only the Automatic Extension provisions described in this Section 6.B shall terminate and be of no further force or effect, and all other provisions of this Agreement shall remain in full force and effect for the balance of the Term then remaining."
" C. Defaults Terminate Contract and Automatic Extensions.

The parties hereto further agree and acknowledge that the nature of this Agreement is that of an exclusive franchise, notwithstanding any contrary uses of titles, headings, or vernacular used elsewhere herein. It is further acknowledged that this Agreement provides for an exclusive franchise for purposes of Public Resources Code 49520 et seq. This provision is not a waiver of the notice rights provided under Public Resources Code 49520, but rather serves as an acknowledgement by the parties that Public Resources Code 49520 is directly inapplicable to this Agreement due to the Agreement's exclusive franchise nature."

12. Effective as of the Effective Date of this Second Amendment, Section B7(G) of Exhibit B to the Franchise Agreement is revised as follows:
" G. Monthly & Quarterly Reports

1. The information listed below shall be the minimum
reported on a quarterly basis. The reports shall be delivered to the City at least 15 days prior to the start of the upcoming fiscal quarter. 01240.0001/477834.15
i. Solid Waste collected by Athens Services for the
prior quarter, sorted by type of Solid Waste (Refuse, Recycling Solid Waste, Green Waste, Organic Waste) in tons collected and 9 Item #21. Page 258
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disposed, and the facilities where the tons were processed or disposed.
ii. Warning notices issued for contaminated Green
Waste and Organic Waste containers or notices issued for noncollection during the prior quarter as well as notices pursuant to Section 4.A of the Agreement.
iv. Graffiti removal performed, including, if requested by the City, photographs of the graffiti, its location, and other information reasonably required by the City of Glendora Police Department.
v. All information and records reasonably requested
by City pertaining to Athens Services' compliance with AB 1826, AB 939, diversion mandates pertaining to construction and demolition debris, and all other State law diversion mandates.

2. The information listed below shall be the minimum
reported on a monthly basis. The reports shall be delivered to the City at least 15 days prior to the start of the upcoming month.
i. Gross receipts received during the prior month by
Customer category and calculation of franchise fees due."

13. Effective as of the Effective Date of this Second Amendment, Section B7(H) of Exhibit B to the Franchise Agreement ("Annual Reports") is revised to add a new Subsection 10 to read as follows:
"
01240.0001/477834.15

10. Organics Data and Education Plan. Starting September 1, 2018, and annually thereafter no later than July 15th, Athens Services shall meet and confer with the City to develop an annual education plan to include outreach to commercial and multi-family Customers, School Districts (if applicable), and City facilities, which plan shall provide outreach education on, and compliance monitoring for, the requirements of AB 1826. Athens Services shall provide a report on the prior year activities including, without limitation, annual outreach, including the methods and type of contact, correspondence sent, replies received, etc.

The annual education plan report shall include the number of audits conducted, monitoring program information, training provided, Customers subject to Organic Waste recycling services, number of violations, number of Organic Waste containers and service frequencies. All reported information shall be sufficient to allow the City a full review of Athens Services' compliance with AB 1826 and any other programmatic mandates for Organic Waste enacted by State law. Athens Services shall pay for all outreach materials including any direct mailings to Customers. 10 Item #21. Page 259
Meeting Date: 8/23/2022 / Packet Page #: 695

14. Effective as of the Effective Date of this Second Amendment, Section 8.10 of Exhibit B to the Franchise Agreement is revised to add an additional paragraph as follows (all other provisions of said provision to remain unchanged):
" City may conduct a contract compliance audit at any time, and City anticipates that such audit shall be performed not less than once every two years for purposes of reviewing and ensuring Athens Services' compliance with all terms of this Agreement. Annually, upon thirty (30) days written notice from the City to Athens Services, the parties shall meet and confer to conduct such contract compliance review, which review may include, without limitation, issues of:
levels of service, diversion compliance, public education and community outreach, State-mandated reporting requirements, franchise fee payments, Customer rates, Customer complaint issues, and other matters of Athens Services' performance under this Agreement."

15. Effective as of the Effective Date of this Second Amendment, Exhibit C of the Franchise Agreement is replaced in its entirety by Exhibit C attached hereto and incorporated herein by reference.

16. Effective as of the Effective Date of this Second Amendment, Exhibit D of the Franchise Agreement is hereby replaced in its entirety with that Exhibit D attached hereto and incorporated herein by reference.

17. Effective as of the Effective Date of this Second Amendment, Exhibit F of the Franchise Agreement is hereby replaced in its entirety by the Exhibit F attached hereto and incorporated herein by reference.

18. This Second Amendment shall be governed by, and construed, interpreted and enforced in accordance with, the laws of the State of California without regard to any conflict of laws provision that would apply the laws of any other jurisdiction.

19. Except as modified herein, either expressly or by necessary implication, the terms and conditions of the Franchise Agreement shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
01240.0001 /477834.l 5 11
Item #21. Page 260
Meeting Date: 8/23/2022 / Packet Page #: 696
IN WITNESS WHEREOF, the parties have caused this Second Amendment to be duly executed as of the Effective Date.

ATTEST:

ATTEST:

ARAKELIAN ENTERPRISES, INC.
dba ATHENS SERVICES
By: .,_--'7""~~------'----
Name: ~ /f1 CL lff/J/{;)_JL
Its: PffU[Jlf?" lltU: /J/eSJ)~

CITY OF GLENDORA
By: _ ~_...,...~"'"----- Mendell Thompson
Mayor
01240.0001/477834.15 [Signature Page for Second Amendment to Franchise Agreement] 12 Item #21. Page 261
Meeting Date: 8/23/2022 / Packet Page #: 697

ORANGE COUNTY I LOS ANGELES I RIVERSIDE I CENTRAL VALLEY Gary Clifford
Arakelian Enterprises, Inc.
dba Athens Services
14048 East Valley Boulevard
City oflndustry, CA 91746
Chris Jeffers, City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, CA 91741-3380
June 26, 2018
George Kieffer
William W. Wynder
[email protected]
(310) 527-6667
Manatt, Phelps & Phillips, LLP
11355 W. Olympic Blvd.

Los Angeles, CA 90064
2361 Rosecrans Ave., Suite 475
El Segundo, CA 90245
P (310) 527-6660
F (310) 532-7395
AWA TIORNEYS.COM
Re: Side Letter Agreement ("Side Letter") Regarding the Legal Effect of the Second Amendment to the Franchise Agreement Between The City of Glendora and Arakelian Enterprises, Inc., for Integrated Waste
Management
Athens Services & City of Glendora:

This letter-agreement ("Side Letter") memorializes an understanding between the City of Glendora ("City") and Arakelian Enterprises, Inc., dba Athens Services ("Athens"), regarding the understanding of the parties relating to the termination provision(s) of that certain "Franchise Agreement between the City of Glendora and Arakelian Enterprises, Inc., for Integrated Waste Management" dated September 1, 2014 (the "Original Agreement"), as amended by a "Second Amendment to the Franchise Agreement Between the City of Glendora and Arakelian Enterprises, Inc., for Integrated Waste Management" effective July 1, 2018 (the "Second Amendment"). City and Athens may be referred to, individually or collectively, as "party" or "parties" herein. The Original Agreement and Second Amendment are collectively referred to herein as the "Agreement."
In June 2018, the parties entered into negotiations for the Second Amendment to the Original Agreement. Among other revisions to the Original Agreement, the Second Amendment extended the term of the Agreement and altered the manner by which future extensions of the Agreement's term could be effected (the so-called "evergreen provision(s)"). Specifically, Section 11 of the Second Amendment (adding a new Section 6 to the Original Agreement) established rolling one-year Automatic Extensions (as defined in the Second Amendment) that could be terminated upon a twostep noticing process to be initiated by the City.

I II
01240.0001/484692.3
Item #21. Page 262
Meeting Date: 8/23/2022 / Packet Page #: 698
Gary Clifford
George Kieffer
Chris Jeffers
June 26, 2018