Agenda — Lodi City Council, March 15, 2023 (part 2 of 2)

\\cvcfilv02\pubwks$\WP\Solid Waste\CCCentral Valley Waste Agreement 2023.doc 2/21/2023 • One-time administrative payment of $1,000,000 made to the City in annual payments of $250,000 for the first four years of the new term
• Residential 20- and 35-gallon carts will be replaced with 64-gallon carts, by January 2024 • Residential weekly organics (green + food waste) collection beginning January 2024 • Remaining residential and commercial lids replaced to new SB1383 color-compliant carts beginning January 2024
• Implement Smart Truck technology to assist with SB 1383 route reviews and audits for contamination monitoring
• Outreach and education programs for new services and ongoing CalRecycle requirements

The new agreement will be effective April 1, 2023, and replaces the existing agreement. The term of the agreement is seven years with an option to renew at WM discretion for a five-year period at the end of the term. Thereafter, at the City’s option, the agreement would be renewable in seven-year increments.

A copy of the agreement showing revisions to the existing agreement is attached for information.

Staff recommends adopting resolution authorizing City Manager to execute Amended and Restated Franchise Agreement with USA Waste Service of California, Inc., dba Central Valley Waste Services, for solid waste collection, recycling, and organic waste collection and processing services in the City of Lodi.

FISCAL IMPACT: The agreement will result in a substantial increase in General and Street Fund revenue to the City each year.

FUNDING AVAILABLE: Not applicable.

________________________________________
Charles E. Swimley, Jr.

Public Works Director
CES/TC/cd
Attachment

cc: Central Valley Waste Services
RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE AMENDED AND RESTATED FRANCHISE
AGREEMENT WITH USA WASTE SERVICE OF CALIFORNIA, INC., DBA

CENTRAL VALLEY WASTE SERVICES, FOR SOLID WASTE COLLECTION,

RECYCLING, AND ORGANIC WASTE COLLECTION AND PROCESSING

SERVICES IN THE CITY OF LODI
======================================================================

WHEREAS, USA Waste Service of California, Inc., dba Central Valley Waste Services (WM) has provided excellent service with reasonable rates to the City since 1988; and

WHEREAS, early in 2022, staff began negotiations with WM on an amended franchise agreement due to new regulations associated with Senate Bill 1383 (SB 1383); and

WHEREAS, the new agreement will be effective April 1, 2023, and r eplaces the existing agreement with a term of seven years with an option to renew at WM discretion for a five- year period at the end of the term. Thereafter, at the City’s option, the agreement would be renewable in seven-year increments; and

WHEREAS, staff recommends authorizing the City Manager to execute the Amended and Restated Franchise Agreement with USA Waste Service of California, Inc., dba Central Valley Waste Services, for solid waste collection, recycling, and organic waste collection and processing services in the City of Lodi.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an Amended and Restated Franchise Agreement with USA Waste Service of California, Inc., dba Central Valley Waste Services, for solid waste collection, recycling, and organic waste collection and processing services in the City of Lodi ; and

BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019 -223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: March 15, 2023
====================================================================== I hereby certify that Resolution No. 202 3-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 15, 2023 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2023-____
AGENDA ITEM H-02

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\Solid Waste\CCCentral Valley Waste Agreement 2023.doc 2/21/2023 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amended and Restated Franchise Agreement with USA Waste Service of California, Inc., dba Central Valley Waste Services, for Solid Waste Collection, Recycling, and Organic Waste Collection and Processing Services in the City of Lodi
M
EETING DATE: March 15, 2023
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amended and Restated Franchise Agreement with USA Waste Service of California, Inc., dba Central Valley Waste Services, for solid waste collection, recycling, and organic waste collection and processing services in the City of Lodi.

B
ACKGROUND INFORMATION: USA Waste Service of California, Inc., dba Central Valley Waste Services (WM) has provided excellent service with reasonable rates to the City since 1988. Under the existing franchise agreement, WM has the option of renewal for an additional seven years under the current contract terms by giving notice no later than the seventh anniversary of the commencement date of January 1, 2009. Thereafter, at the City’s option, and with WM concurrence, the agreement is renewable for successive seven-year increments. On April 7, 2010, the agreement was amended to provide WM with one additional option to extend. This option gave WM the unilateral option to extend the agreement an additional seven years commencing on January 1, 2024 and ending December 31, 2030, by giving notice to the City no later than December 31, 2022.

E
arly in 2022, staff began negotiations with WM on an amended franchise agreement. New regulations associated with Senate Bill 1383 (SB 1383) prompted the early agreement negotiations. The implementation of the mandatory residential food waste collection, required under SB 1383, will result in additional costs to both the City and WM, prompting amendments to the current agreement. In subsequent meetings with City Council, staff and WM outlined a number of changes and new programs, and have negotiated an amended and restated agreement consistent with the discussions held at those meetings.

The form of the new franchise agreement is similar to the existing agreement. Incorporated into this new agreement are all of the existing programs and services with some minor enhancements to those programs, services and costs, as outlined below:
• Residential Rate Affordability Plan
• Annual payment of $125,000 for one full time employee to support City’s CalRecycle programs, indexed annually
• Increase Street Maintenance Fee paid to the City by $330,000, for a total of $1,085,603 annually, to maintain roadways, indexed annually
• New Downtown Maintenance Fee of $100,000 paid to City annually, indexed annually Adopt Resolution Authorizing City Manager to Execute Amended and Restated Franchise Agreement with USA Waste Service of California, Inc., dba Central Valley Waste Services, for Solid Waste Collection, Recycling, and Organic Waste Collection and Processing Services in the City of Lodi March 15, 2023

Page 2 ends

A copy of the agreement showing revisions to the existing agreement is attached for information.

FISCAL IMPACT: The agreement will result in a substantial increase in General and Street Fund revenue to the City each year.

FUNDING AVAILABLE: Not applicable.

________________________________________
Charles E. Swimley, Jr.

Public Works Director
CES/TC/cd
Attachment

cc: Central Valley Waste Services

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CITY OF LODI

PUBLIC WORKS DEPARTMENT

AMENDED AND RESTATED AGREEMENT FOR SOLID WASTE COLLECTION,

RECYCLING AND ORGANIC WASTE COLLECTION AND PROCESSING SERVICES

IN THE CITY OF LODI BY AND BETWEEN THE CITY OF LODI AND USA WASTE OF CALIFORNIA, INC., dba CENTRAL VALLEY WASTE SERVICES, A WASTE MANAGEMENT COMPANY.

THIS AMENDED AND RESTATED AGREEMENT (this “Agreement”) is made and entered into this __ day of _______________, 2023, by and between the CITY OF LODI, a California municipal corporation hereinafter referred to as “CITY” and USA WASTE OF CALIFORNIA, INC., a Delaware Corporation authorized to do business in California and DBA CENTRAL VALLEY WASTE SERVICES, hereinafter referred to as “WM.”

WITNESSETH

WHEREAS, WM and the City are parties to the Agreement for Solid Waste Collection, Recycling and Green Waste Collection and Processing Services in the City o f Lodi dated July 7, 2008 (attached as Exhibit “A” hereto) , as subsequently modified by the Addendum to Solid Waste Franchise dated April 7, 2010 (attached as Exhibit “B” hereto), and Extension dated February 26, 2015 (attached as Exhibit “C” hereto), which are collectively referred to herein as the “Original Agreement”; and

WHEREAS, the City and WM now wish to amend and restate the terms of the Original Agreement to account for expanded services required for organic waste collection services under Senate Bill 1383 (“SB 1383” as defined below); and

WHEREAS, WM currently provides solid waste management services to City and WM has represented and warranted to City that it has the experience, responsibility, and qualifications to provide current services and organic waste collection services to the residents and businesses in the franchise area. Therefore, City finds and determines that the public interest, health, safety and well-being would be best served if WM were to continue to provide such services and the new organic waste collection services to residents and businesses; and

WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 “(“AB 939”), has declared that it is within the public interest to authorize local agencies to adequately provide for solid waste handling within their jurisdictions, and has established a solid w aste management process to implement plans for source reduction, reuse and recycling as part of their integrated waste management practices; and

WHEREAS, City and WM are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of s olid and organic waste, including AB 939, SB 1383, the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act; and

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WHEREAS, City and WM desire to enter into a new agreement to provide for specified solid waste collection, curbside recyclable collection and processing, neighborhood cleanup collection, organic waste collection and processing, and illegal dumping remediation services.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual promises herein, the parties hereto agree that the Original Agreement is hereby amended and restated in its entirety as follows:

Section 1 INCORPORATION OF ABOVE RECITALS

The foregoing recitals are hereby incorporated into this Agreement by this reference.

Section 2 DEFINITIONS

For purposes of this Agreement, the following definitions apply in addition to those defined in the Lodi Municipal Code:

a. “Applicable Law ” means all Federal, State, County, and local laws, regulations, rules, orders, judgments, decrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the Collection, Transportation, Processing, and Disposal of Discarded Materials that are in force on the Effective Date and as may be enacted, issued, or amended during the Term of this Agreement. Applicable Law includes, but is in no way limited to, AB 939, AB 341, AB 1826, and SB 1383 and its corresponding regulations.

b. “Approved Disposal Facility ” means the North County Landfill, which is owned and operated by San Joaquin County.

c. “Approved Facilities” means any one of or any combination of the following: Approved Disposal Facility , Approved Organic Waste Processing Facility , Approved Source Separated Recyclable Materials Processing Facility , and an Approved Transfer Facility, each of which are defined in this Article.

d. “Approved Organic Waste Processing Facility ” means all of the following locations: the Central Valley Compost, located at 916 Frewert Road, Lathrop, CA 95330, Davis Street Resource Recovery Complex, located at 2615 Davis Street, San Leand ro, CA 94577, and Altamont Landfill CASP, located at 10840 Altamont Pass Rd., Livermore, CA 94550.

e. “Approved Source Separated Recyclable Materials Processing Facility ” means the Lodi Material Recovery and Transfer Station, located at 1333 E. Turner Road, Lodi, CA 95240.

f. “Approved Transfer Facility ” means the Lodi Material Recovery and Transfer Station, located at 1333 E. Turner Road, Lodi, CA 95240.

g. “Bin” means a watertight metal or heavy plastic receptacle with a hinged plastic lid and a

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capacity of between one (1) and eight (8) cubic yards, designed or intended to be mechanically dumped into a packer type truck. Bins may also include compactors that are owned or leased by a Customer, if WM confirms they are compatible.

h. “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) , as may be amended from time to time, and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials.

i. “Cart” means an industry standard receptacle for placement of Discarded Materials for Collection, in a range of sizes including approximately 20, 35, 64, or 96 gallons. A Cart will have wheels, a handle for ease of movement , a fitted, attached lid, and it is designed to be dumped mechanically into a Solid Waste, O rganic Waste or Recyclable Materials collection vehicle.

j. “Collect/Collection” means the act of taking physical possession of Discarded Materials at Single-Family or Commercial Businesses within the City , and from City facilities, and transporting the Discarded Materials to an Approved Facility for Processing, Transfer, or Disposal.

k. “Commercial C ustomers”, “C ommercial business ” or “Commercial” means all commercial (non -manufacturing) enterprises within the city limits except Industrial Customers, or a Multi- Family Residential D welling, or as otherwise defined in 14 CCR Section 18982(a)(6), as may be amended from time to time . However, a Multi-Family Residential Dwelling that consists of fewer than five units is not a C ommercial business for purposes of implementing this ordinance.

l. “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility, as d efined in 14 CCR Section 17896.2(a)(4), which may be amended from time to time.

m. “Construction and Demolition Debris (C&D) ” means the nonhazardous waste building material, inerts, soil, packaging, yard trimmings, rubble, and other used or D iscarded Materials resulting from construction or demolition.

n. “Customer” means an individual or entity that receives WM’s Blue Container, Gray Container, and Green Container for Collection services. The Customer may be either the occupant, owner, or property manager of the P remises. All Premises (e.g., Commercial Businesses and Single-Family) in the City that generate Solid Waste shall be required by the City to be a Customer of WM, unless an exception in Section 3 applies.

o. “Discarded Materials ” are a form o f Solid Waste, and shall be regulated as such. For purposes of this Agreement, material is deemed to have been discarded, without regard to whether it is destined for Recycling or Disposal, and whether or not is has been separated from other Solid Wastes, in all cases where a fee or other compensation, in any form or amount, is directly or indirectly solicited from, or, levied, charged, or otherwise imposed

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on, or paid by, the generator or Customer in exchange for handling services. As used herein, handling services include, without limitation, the Collection, removal, transportation, delivery, and Processing and/or Disposal of the material. Handling services specifically exclude the generator’s use of a third party to assist the generator with on- site separation of materials into and among WM-provided Containers to facilitate recovery and minimize Contamination. Discarded Materials do not include Edible Food that is recovered for human consumption and is not discarded. For the purposes of this Agreement, Dis carded Materials include Source Separated Recyclable Materials, Source Separated Organic Waste, Gray Container Waste, and C&D once the materials have been placed in Containers for Collection.

p. “Disposal (Dispose)” means the final disposition of any Discarded Materials Collected by WM or residue from WM’s Processing activities at a permitted landfill or other permitted Solid Waste facility.

q. “Diversion (Divert)” means activities which reduce or eliminate Discarded Materials from Disposal, including, but not limited to, source reduction, reuse, salvage, Recycling, and composting.

r. “Edible Food” in regards to “Edible Food Recovery” means food intended for human consumption.

s. “Electronic Waste” means discarded electronics equipment such as cell phones, computers, monitors, televisions, and other items containing cathode ray tubes (CRT’s).

t. “Excluded Waste” means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated radioactive waste, and toxic substances or material that an Approved Facility operator(s) reasonably believe(s) would, as a result of or upon acceptance, Transfer, Processing, or Disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be Disposed of in Class III Landfills or accepted at an Approved F acility by permit conditions, waste that in WM’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose WM or the City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in residential municipal S olid Waste after implementation of programs for the safe collection, P rocessing, Recycling, treatment, and D isposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

u. “Food Scraps” means all nonedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.

v. “Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and Collection of Gray Container Waste.

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w. “Gray Container Waste ” means Solid Waste such as trash and other non- Recyclable Material that is collected in a Gray Container that is part of the City ’s three-Container Organic Waste Collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b) or as otherwise defined in 14 CCR Section 17402(a)(6.5) , as each may be amended from time to time . For the purposes of this Agreement, Gray Container Waste includes carpet and textiles.

x. “Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) , as may be amended from time to time, and shall be used for the purpose of storage and Collection of Source Separated Organic Waste.

y. “Green Waste” means all tree and plant trimmings, grass cuttings, dead plants, weeds, leaves, branches, and similar materials that fit into an Organic Waste Cart, but not including Excluded Waste or items with a diameter greater than 10 inches.

z. “Household Hazardous Waste ” means any Hazardous Waste generated incidental to owning or maintaining a place of residence, but does not include any waste generated in the course of operating a business concern at a residence. (California Health and Safety Code Division 20, Chapter 6.5, §25218(l)(e)).

aa. “Hazardous Substance” means any of the following: (a ) any substance defined, regulated or listed (directly or by reference) as “ hazardous substances ”, “ hazardous materials ”, “hazardous wastes”, “toxic waste”, “pollutant” or “toxic substances” or similarly identified as hazardous to human health or the environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC Section 9601, et seq.; (ii) the Hazardous Materials Transportation Act, 49 USC Section 5101, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC Section 6901, et seq.; (iv) the Clean Water Act, 33 USC Section 1251, et seq.; (v) California Health and Safety Code Sections 25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC Section 7401, et seq.; and (vii) California Water Code Section 13050; (b) any amendments, rules, or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereinafter enacted; and (c) any other hazardous or toxic substance, material, chemical, waste, or pollutant identified as hazardous or toxic or regulated under any other applicable federal, State, and local environmental laws currently existing or hereinafter enacted, including without limitation, friable asbestos, polychlorinated biphenyl ( “PCBs”), petroleum, natural gas and synthetic fuel products, and by-products.

bb. “Hazardous Waste” means any waste which meets the definitions set forth in 22 CCR Section 66261.3, et seq. and is required to be managed; or as otherwise defined in 14 CCR Section 17402(a)(7). Hazardous Waste includes hazardous wood waste, which means wood that falls within the definition of “treated wood” or “treated wood waste” in 22 CCR Section 67386.4, or as otherwise defined in 14 CCR Section 18982(a)(30.5).

cc. “Industrial Customer” means all manufacturing enterprises who generate Industrial waste within the city limits except Commercial C ustomers. The city manager or other desi gnee

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shall determine whether a Customer is “Industrial” or “Commercial.”

dd. “Industrial Waste ” means Solid W aste originating from manufacturing facilities and factories within the city limits including construction and demolition projects. Industrial waste also means Solid W aste produced by any person, firm, or corporation primar ily engaged in the business of Processing and manufacturing for the purpose of wholesale.

ee. “Multi-Family or Multi- Family Dwelling Unit” means residential Premises with five (5) or more dwelling units. However, Multi-Family Premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

References to “Multi-Family Dwelling Unit” refer to an individual residential unit of the Multi-Family Premises.

ff. “Organic Waste” means Food Scraps and Green Waste. Unless otherwise agreed in writing by WM and the City, Organic Waste does not include Edible Food or Compostable Plastics, as that term is described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C), as may be amended from time to time.

gg. “Overage” means materials exceeding its Container’s intended capacity such that the lid is lifted (or would be lifted if lowered) or materials placed on top of , or in the immediate vicinity of, a Container, in bags, or otherwise.

hh. “Premises” means a tract of land with or without habitable buildings or appurtenant structures.

ii. “Process, Processed, or Processing ” means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).

jj. “Prohibited Container Contaminant s” or “Contamination” means the following: (i) Discarded Materials placed in the Blue Container that are not Recyclable Materials; (ii) Discarded Materials placed in the Green Container that are n ot Organic Waste; (iii) Discarded Materials placed in the Gray Container that are Recyclable Materials or Organic Waste; and (iv) Excluded Waste placed in any Container.

kk. “Refuse” means any and all discarded items and substances of every kind, including salvageable or Recyclable Materials, and garden wastes, but not including sewage, septic tank contents, sand trap contents, grease trap contents, infectious wastes or Hazardous Wastes as defined by state and federal law.

ll. “Recyclable Materials” means Refuse consisting of plastic bottles, tin, steel and aluminum cans, glass bottles and jars, newspapers, brown paper bags, co rrugated cardboard, chipboard, colored paper and bags, magazines, white and colored paper, as well as all other materials included in the State CRV program. Categories of Recyclable Materials may be

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temporarily D isposed if there is no viable outlet for such material and they cannot be reasonably stockpiled by WM . In such event, WM will provide City with documentation showing a lack of viable outlet and inability to reasonably stockpile for future Recycling.

mm. “Recycle/Recycling” means the process of Collecting, sorting, cleansing, treating, and reconfiguring materials for the purpose of returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. Recycling includes processes deemed to constitute a reduction of landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.

nn. “SB 1383” means Senate Bill 1383 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as may be amended, supplemented, superseded, and replaced from time to time.

oo. “SB 1383 Regulations” means the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.

pp. “Single-Family or Single-Family Dwelling” means any residential Premises with less than five (5) dwelling units.

qq. “Solid Waste ” all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, R efuse, paper, rubbish, ashes, Industrial W astes, Construction and D emolition Debris, abandoned vehicles and par ts thereof, discarded home and Industrial appliances, dewatered, treated, or chemically fi xed sewage sludge which is not Hazardous Waste, manure, vegetable or animal S olid and semisolid WSastes, and other discarded Solid and semisolid Wastes, as defined in PRC Section 40191, with the exception that Solid Waste does not include any of the following wastes:

i. Hazardous Waste, as defined in PRC Section 40141.
ii. Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).
iii. Medical waste regulated pursuant to the Medical Waste Management Act (Part 14, commencing with Section 117600, of Division 104 of the Health and Safety Code).

Untreated medical waste shall not be D isposed of in a Solid W aste Landfill, as defined in PRC Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to PRC, Division 30.

rr. “Source Separated” means materials, including commingled Recyclable Materials, th at have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or Processing those materials for

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Recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Agreement, Source Separated shall include separation of materials by the generator, property owner, property owner ’s employee, property manager, or property manager ’s employee into different Containers for the purpose of Collection such that Source Separated materials are separated from Gray Container Waste and other Solid Waste for the purposes of Collection and Processing.

ss. “Transfer” means the act of transferring Discarded Materials Collected by WM from WM’s Collection vehicles into larger vehicles at an Approved Transfer Facility for transport to other Approved Facilities for Processing or Disposing of such materials. Transfer allows for removal of materials excluded or prohibited from handling at the Approved Transfer Facility (e.g., removal of Hazardous Waste).

tt. “Universal Waste” means electronics (VCR ’s, cell phones, radios), batteries, mercury thermostats, fluorescent lights, mercury thermometers, and other products containing mercury or other heavy metals.

Section 3 SERVICE AREA

a. Exclusive Services. The City does hereby grant to WM, and WM shall have the exclusive duty, right and privilege to Collect and Dispose or Process all Solid Waste (including Source Separated Recyclable Materials and Source Separated Organic Waste) generated, deposited, accumulated or coming to exist at a Premises in the City (collectively, the “Exclusive Services”). Except as otherwise provided in this Section 3, all Commercial, Multi-Family and Single -Family Premises within the City shall be required by City to utilize the Collection services of WM as provided herein. All Single-Family Premises shall establish Collection services separately and two or more Single Family Premises shall not be permitted to share Collection services under a single account.

b. Industrial Customers. Industrial Waste services are not included in the Exclusive Services provided for under this Agreement. Industrial Waste may be hauled by any holders of a City-issued Industrial Waste Hauler ’s Permit that have paid the current fee listed in the City’s Industrial Waste Haulers Permit Fee structure . Industrial Waste Hauler permittees would obtain, at their own expense, all permits and licenses required by Federal, State, and local laws and ordinances and maintain the same in full force throughout the term of the permit.

c. Personal Handling of Waste. Notwithstanding Section 3(a), nothing in this Agreement shall prevent any owner, occupant or tenant of a Premises from personally handling, hauling, or transporting Solid Waste generated by or from such Premises for purposes of Disposing of the same at an authorized Disposal area or T ransfer station, nor shall anything in this Agreement affect or limit the right of any person to sell Recyclable Materials or Organic Waste (i.e., receipt of a net payment) to any person lawfully engaged in the recycli ng business in the City or to donate Recyclable Material or Edible Food to any bona fide

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charity, provided that all such materials are separated by the generator.

d. Exclusive Right Enforcement. The City shall use good faith efforts to protect and enforce the exclusive rights of WM through appropriate ordinances and enforcement of those ordinances against third party violators. WM may request that the City enforce the exclusivity provision of this Agreement against third party violators, including but not limited to seeking injunctive relief, and the City shall use good faith efforts in such enforcement actions.

Section 4 THREE-CONTAINER SYSTEM (BLUE, GREEN, AND GRAY

CONTAINERS)

a. General. No later than April 1, 2023, WM shall provide a three -Container Collection program for the separate Collection of Source Separated Recyclable Materials, Source Separated Organic Waste, and Gray Container Waste as specified in this Section, using Containers that comply with the requirements of Section 6.

This three-Container Collection program shall include WM providing all labor, equipment, tools, materials, trucks, Containers, and Carts, supervision, management, and all other items incidental thereto, and to perform all work necessary, to complete the work specified, and in the prescribed manner and time for the collection of Gray Container Waste, Source Separated Recyclable Materials, neighborhood cleanup materials, and Source Separated Organic Waste, and the provision of other service s in the City as specified in this Agreement.

b. Source Separated Recyclable Materials Collection (Blue Container) . WM shall provide Blue Containers to Customers for Collection of Source Separated Recyclable Materials and shall provide Source Separated Recyc lable Materials Collection service, as described in this Agreement. Recyclable Materials Containers in use before April 1, 2023 may continue to be used, but new Containers placed into service after April 1, 2023 shall comply with the definition of Blue Containers under the SB 1383 Regulations. WM shall Transport the Source Separated Recyclable Materials to (i) an Approved Source Separated Recyclable Materials Processing Facility, or (ii) an Approved Transfer Facility for Transfer and Transport to the Approved Source Separated Recyclable Materials Processing Facility, as specified in Section 7(a).

i. Single-Family Customers. Standard service for Customers shall start with one (1) 64-gallon Cart, collected bi-weekly. Provided there are no instances of Contamination, Customers can request to expand their standard service by up to two (2) additional 64- gallon Carts. Curbside Collections shall be performed bi- weekly, on the same day as Gray Container and Green Container Collections.

ii. Multi-Family Customers. WM will provide each Customer with Containers (Carts and/or Bins) and frequency of Collection services to contain Source Separated Recyclable Materials. The charges for such services are set forth in Exhibits D-G.

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iii. Commercial Customers. WM will provide each Customer with Containers (Carts and/or Bins) and frequency of Collection services sufficient to contain all Source Separated Recyclable Materials. The charges for such services are set forth in Exhibits D-G.

c. Source Separated Organic Waste Collection (Green Container) . WM shall provide Green Containers to Customers for Collection of Source Separated Organic Waste and shall provide Source Separated Organic Waste Collection service, as described in this Agreement. Organic Waste Containers in use before April 1, 2023 may continue to be used, but new Containers placed into service after April 1, 2023 shall comply with the definition of Green Containers under the SB 1383 Regulations. WM shall Transport the Source Separated Organic Waste to (i) an Approved Source Separated Organic Waste Processing Facility, or (ii) an Approved Transfer Facility for Transfer and Transport to the Approved Source Separated Organic Waste Processing Facility, as specified in Section 7(a).

i. Single-Family Customers . Standard service shall consist of one 96- gallon Cart, collected weekly. Provided there are no instances of Contamination, Customers may request up to two (2) additional 96- gallon Carts (starting April 1, 2026, this will be limited to one additional Cart), and receive weekly Collection services, at no additional charge. Curbside Collections shall be performed weekly, on the same day as Gray Container and Blue Container Collections.

ii. Multi-Family and Commercial Customers. WM will provide each Customer with Containers (Carts and/or Bins) and frequency of Collection services (at least weekly) to contain Source Separated Organic Waste. The charges for such services are set forth in Exhibits D-G.

d. Gray Container Waste Collection (Gray Container). WM shall provide Gray Containers to Customers for Collection of Gray Container Waste, and shall provide Gray Container Waste Collection service, as described in this Agreement. Gray Container Waste Containers in use before April 1, 2023 may continue to be used, but new Containers placed into service after April 1, 2023 shall comply with the definition of Gray Containers under the SB 1383 Regulations. WM shall Transport the Gray Container Waste to (i) the Approved Disposal Facili ty, or (ii) the Approved Transfer Facility for Transfer and Transport to an Approved Disposal Facility, as specified in Section 7(a) . WM may allow carpets and textiles to be placed in the Gray Containers. Customers may not place Prohibited Container Contaminants in the Gray Containers. The Containers shall comply with the requirements of Section 6.

i. Single-Family Customers . Standard service shall be one (1) 64- gallon Cart, collected weekly. Where Customers request Carts larger than the standard size, the charge will apply as set forth in Exhibit D. Curbside Collections shall be performed weekly, on the same day as Green Container and Blue Container Collections. Those Customers that have previously utilized a 20-gallon or 35- gallon Cart will be transitioned to the standard 64- gallon Cart by December 31, 2023, and their rates will be incrementally adjusted over a three (3) year period as described in Section

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10(b). Customers who qualify and are approved for the City of Lodi senior fixed income can request a 35 -gallon Cart and will be charged $30.60 per month, provided (i) such discounted services will be limited to 200 Customers, (ii) such Customers may not have more than three instances of Overage or Contamination, and (iii) such $30.60 rate will be adjusted annually, pursuant to Section 10, starting April 1, 2024. WM and City will meet and confer after April 1, 2026 regarding Single-Family Customer Cart sizes.

ii. Multi-Family and Commercial Customers. WM will provide each Customer with Containers (Carts and/or Bins) and frequency of Collection services (at least weekly) to contain Gray Container Waste. The charges for such services are set forth in Exhibits D-G.

e. Commercial Generator Compliance Reviews . Subject to Applicable Law governing data security and privacy rights, WM shall, upon City ’s request, assist City with its annual compliance review of Commercial Customers as set forth in 14 CCR Section 18995.1(a)(1)(A), as may be amended from time to time . Any such compliance review shall mean a “desk” review of records to determine the Commercial Customer ’s compliance with 14 CCR Section 18984.9(a). WM is not required to perform any such “desk” review of Edible Food Recovery Services and other similar entities regulated by 14 CCR Division 7, Chapter 12.

f. SB 1383 Reporting. Within ninety (90) days after the end of each calendar year, WM shall provide an annual report to the City covering the most recently completed calendar year.

Such report shall contain all of the following information:

i. Contamination Monitoring Report . WM’s report shall include the following information regarding route reviews conducted by WM under this Agreement:
i. Documentation of route reviews conducted pursuant to 14 CCR Section 18984.5(b), as described and in accordance with 14 CCR Section 18995.1, including a description of the process for determining the level of Contamination and the number of route reviews conducted;
ii. Documentation of “desk” compliance reviews conducted by WM under subsection (e), in accordance with 14 CCR Section 18995.1, and the number of Contamination notices, Contamination fees issued to Customers, or targeted education materials issued to Customers for Prohibited Container Contaminants, as applicable; iii. Copies of all documentation related to route reviews, “desk” compliance reviews, and notices issued to Customers with Prohibited Container Contaminants; and
iv. Documentation of the number of containers where the contents were Disposed due to observation of Prohibited Container Contaminants.

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ii. Compliance Report. WM’s report under this section shall include:

i. The total number of Customers receiving each type of Organic Waste collection services;
ii. The number of Organic Waste Customers that received information and the type of education and outreach used and annual Edible Food Recovery data provided from the San Joaquin County Public Health Department;
iii. The number of complaints that were received and reviewed by WM and the City under subsection (e) above shall be included in the report. To complete this complaint reporting requirement, the City shall provide WM with any complaints that it receives, and WM shall also separately provide the City with the complaints it received at least annually, but more frequently, if possible; and iv. Copies of information provided to Customers related to SB 1383, including the date that the information was distributed to Customers, the number of accounts receiving the information, if applicable, in accordance with 14 CCR Section 18985.3.

g. Schedules, Routes, and Literature . WM shall make available to City maps and schedules of collection routes and keep such information current at all times. WM shall cooperate with the City to coordinate collection route schedules and City street sweeping schedules.

i. Maps and schedules of collection routes shall be available to City not later than thirty (30) calendar days prior to the initiation of collection operations or changes in operation.

ii. Maps and schedules of collection routes shall show the day(s) for r egularly scheduled pickup for each route and area.

iii. Not less than one week prior to beginning collection operations or changing routes or schedules that alter the day(s) of collection, WM at its expense, will so notify each Customer affected. Notice shall be made to individual Customers, in writing and by public notification by means of local news media.

iv. When a scheduled collection day falls on a holiday (i.e., New Year ’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day), WM may, at its option and upon notice to its Customers by publication in a local newspaper of general circulation, collect either on the holiday or on the day immediately prior to, or delay collection schedules one day. WM may also have the option to reschedule collection to the Saturday before or after the holiday and provide written notice to each Customer at least two (2) weeks in advance.

h. Care and Diligence. WM shall exercise all reasonable care and diligence when Collecting Solid Waste or providing other services as required under this Agreement . WM must exercise due care so as to prevent spilling, scattering, or dropping of collected materials

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through collector activity and shall immediately, at the time of occurrence, clean up such spillage, dropping or scattering.

i. Service Quality Review. The City shall periodically review WM’s Customer survey results to ensure that WM is consistently providing quality service to meet Customer expectations.

If City determines that WM ’s quality of service is not being maintained, the City shall provide written notice of such failure to WM including a description of the specific deficiencies identified by City and the action necessary to correct such deficiencies. If WM fails to correct these deficiencies within ten (10) days of receipt of such notice, such failure shall constitute cause for termination of the Agreement pursuant to Section 33 hereof.

j. Place of Collection. The normal collection point for Cart services shall be at the Customer curbside. Backyard service shall be offered at an additional cost as specified in Exhibits D, E and F. The normal collection point for container services will depend on property and business needs that meet City’s planning and zoning laws and regulations.

k. Solid Waste Quantities and Preparations. Customers shall limit the amounts of Solid Waste they place for Disposal to the capacity intended for each C art size and as intended for Collection. If the Customer, exceeds the intended Cart capacity, weight, or does not prepare their Solid Waste for collection as noted herein, the following shall apply:

i. Overage.

1. Roll-Out Period – Education and Outreach. Between April 1, 2023 through December 31, 2023 (the “Roll-Out Period”), WM shall not impose an Overage Charge, but instead shall provide educational materials designed to minimize instances of Overage. If WM documents that a particular Customer has caused an Overage during the Roll-Out Period, where it can be done safely, WM shall still collect the offending Container (material laying on the ground will not be collected) and WM will provide a violation notice to the Customer (electronically, if the Customer has provided such contact information to WM, otherwise by mail to the Customer mailing address) with the following information (a “Violation Notice”):
i. Date of the offense;
ii. Description of the offense;
iii. If available, a photograph or video (or link to photograph or video);
iv. A description of the materials that are appropriate for collection in said Container and a link to view online with educational materials; and
v. A website address to obtain additional information and/or receive responses to questions the Customer may have.

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2. Post Roll-Out Period. After expiration of the Roll-Out Period (“Post Roll- Out Period”), WM shall respond as follows:

i. First and Second Occurrences. WM shall service Containers with Overage except where it is dangerous to do so. WM shall then provide a Violation Notice electronically, if the Customer has provided WM with electronic contact information, otherwise by mail to the Customer’s mailing address.
ii. Third and Subsequent Occurrences. WM is not required to collect Overage; in such event, the Customer may separately request that WM collect the Overage, and pay the additional Collection fee listed in Exhibit D. Alternatively, WM may choose to Collect the Overage and invoice the Customer an Overage Charge in the amount set forth in Exhibit D. In either case, WM shall provide a Violation Notice to the Customer electronically, if the Customer has provided WM with electronic contact information, otherwise by mail to the Customer’s mailing address. Additionally, if a Customer has more than three (3) instances of Overage during any six (6) month period, WM may increase a Customer’s Container size or Collection frequency.

3. WM will not collect loose Solid Waste or Refuse unless the Customer has made advance arrangements with WM for that collection.

Section 5 OTHER WM SERVICES

a. Recycling Education. WM will provide a Recycling and Education Awareness Program.

As an incentive and recognition for City and community groups participating in the Recycling Education Awareness Program, WM will donate, at its discretion, $40,000 annually to the community groups within the City limits of Lodi. This amount will increase five hundred dollars ($500) per year over the life of this A greement. WM shall report its community group donations to City annually.

b. AB 939. WM, in coordination with City , will provide comprehensive AB 939 services including:

i. WM shall submit a draft of the Source Reduction and Recycling Element document for City’s review and assist City in its submission.
ii. WM shall assist City in preparing th e Annual Report, including all necessary documentation and reports.
iii. WM shall prepare the quarterly and annual tonnage reports and submit to City. iv. WM shall defend, indemnify and hold harmless City with respect to the City ’s failure to meet its AB 939 Diversion goals as a result of WM ’s failure to meet the applicable Diversion goals for the materials collected by WM. Such indemnity shall exclude all damages or claims caused by, arise from or in connection with (i) any negligent actions or omissions or willful misconduct of the City, or its employees,

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agents, appointed and elected officials; or (ii) the failure of the City or its employees, agents, appointed and elected officials to comply with or enforce applicable Solid Waste and/or recycling statutes, ordinances, regulations, or other requirements, other than failures attributable to WM’s performance under this Agreement. The extent of WM ’s liability under this Section shall not exceed the amount of WM’s proportionate share of fault.

c. Illegal Dumping . WM will provide an illegal dumping pick- up program coordinated between City and WM . WM will provide up to thirty -five (35) illegal dump collections during each calendar year. Each collection will be limited to two (2) cubic yards. The illegal dumping service will be provided on public property and City and railroad rights of way only. City will notify WM of the illegal dump location, WM will be required to collect item(s) within five (5) business days of notification. WM will not be required to pick-up Excluded Wa ste. Upon verification of the identity of the person(s) responsible for the illegal dumping, City may , consistent with the City Attorney ’s prosecutorial discretion, prosecute the illegal dumping in accordance with local and state litter laws. In addition, the City may collect fees for the illegal dumping to reimburse WM’s Disposal cost per ton, plus an hourly cost for equipment and labor charges in addition to any other fees or fines that may be imposed by City. City will pay WM for costs incurred if such reimbursement fees are collected. WM shall cooperate with City to verify the identity of persons responsible. For illegal dump collections in excess of thirty-five (35) per calendar year and those in excess of two (2) cubic yards, the City will pay WM for such services at the Disposal cost per ton and established hourly rate then in effect for each fully -crewed vehicle employed in providing such service from the time the vehicle leaves WM’s facility until the time it returns there.

d. Annual Nei ghborhood Clean- Up. WM will provide an annual neighborhood curbside clean-up collection service for single family residential C ustomers once a year, typically in April of each year . This service will be limited to the equivalent of three (3) 64- gallon Gray Container Carts at the curb. Items must be bagged, bundled, boxed or containerized and weigh less than fifty (50) pounds per container. Items to be Disposed must be at the curb, directly in front of the residence and must be away from parked cars and R efuse Carts. Items must be a t the curb by 5:00 a.m. on the C ustomer’s regular Refuse service date. WM will notify all residents of a schedule indicating the dates of the clean -up and provide instructions and accepted item parameters, which must be approved by City. This annual service is at no additi onal charge to all residential C ustomers. Unacceptable items include dirt, concrete, liquids, toxic or hazardous materials, cathode ray tubes (CRT) and large heavy metals such as auto bodies and engines.

e. Additional Programs to Discourage Illegal Dumping and Accumulation of Refuse . The following two services shall be provided to all S ingle-Family residential Customers to assist in helping the City of Lodi discourage illegal d umping and the accumulation of Refuse:

i. WM will provide each single family residential C ustomer with one ( 1) “Transfer Station Voucher”. These vouchers will allow each C ustomer with the ability to

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bring to WM’s Transfer station a volume of up to two (2) cubic yards of acceptable Refuse per voucher at no cost. Voucher must be presented upon entrance into Transfer stati on. Unacceptable items include C ommercial waste, dirt, concrete, tires, liquids, toxic or hazardous materials, CRT and large heavy metals such as auto bodies, engines, transmissions, refrigerators and air - c onditioners that still
have chlorofluorocarbons (CFC’s).

ii. WM w
ill provide at its T ransfer station a Dollar Dump D ay on a date between March 15 and April 15, as determined by WM and provided in a notice to Customers. At this event, Single-Family Customers within the city limits of Lodi may bring up to two (2) cubic yards of R efuse in a single load to WM’s Transfer station at a reduced Transfer station fee. It will be required that residents bring a voucher which has be en mailed to them by WM. Proof of residency shall be required. Unacceptable items will be described in the notice as items include Commercial waste, dirt, concrete, tires, liquids, toxic or hazardous materials, CRT and large heavy metals such as auto bodies, engines, transmissions, refrigerators and air
-
conditioners that still have CFC’s

iii. WM
shall get approval from City for the dates of the above services.

f. Advertising Costs. As provided in this Section 5, WM shall be responsible for all costs associated with the advertising and promotion of special services and activities within this Agreement.

g. Marketing of Recyclable Materials, Organic Waste or Salvaged Materials . WM will provide transporting, marketing and processing of all collected Source Separated Recyclable Materials and Source Separated Organic Waste. WM shall have the full and exclusive right to all such material or salvageable material collected in connection with the Solid Waste and shall have the exclusive right to any funds realized from the marketing of Recyclable Materials, Organic Waste or salvaged materials.

h. City Street Sweeping Debris and Fall Leaf Removal . WM will provide Disposal services for City Street Sweeping debris and the Annual Fall Leaf Removal at no additional charge to the City. The following conditions will apply:

i. Disposal is limited to twelve hundred (1,200) tons per year. WM will charge the City for any excess tonnage at the then current Transfer station gate rate. ii. Leaves and street sweeping debris will be delivered by t he City to WM and WM shall issue a weight tag to the City.
iii. Leaves must be free of C ontamination. The City will pay WM ’s regular Disposal fee for loads that include contaminants in excess of 1% by weight or volume.

i. City Services. WM will provide Containers and Collect Gray Container Waste, Source Separated Recyclable Material, and Source Separated Organic Waste at City buildings and properties throughout the City at no additional charge, so long as such Containers are utilized for normal City operations, not special projects or use for third party materials. At

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the current time, the City has public containers at approximately 20 locations as depicted on Exhibit H. If additional service is needed during the term of this Agreement, City may request additional Collection of up to 10 additional Gray Containers, Blue Containers or Green C ontainers at no additional charge. The City will pay WM for any additional requested containers in excess of th e 10 allowed, based on then current service rates for Customers utilizing the corresponding type and size Container(s).

j. Special Collection Events . WM shall host four (4) Collection events per year to be conducted by a third- party vendor to C ollect e -waste and Universal Waste at WM ’s Transfer station or alternative permitted site within the City agreed to by WM and City.

WM shall host one (1) Collection event per year to be conduc ted by a third-party vendor to Collect Household Hazardous Waste at WM’s Transfer station or alternative site within the City agreed to by WM and City , with San Joaquin County Public Works as the Sponsoring Agency.

k. Additional Services. This Agreement contains all expectations and obligations regarding WM’s performance of Solid Waste, Recycling, and Organic Waste Collection services for City. The City and WM must either amend this Agreement or enter into a separate agreement for the provision of any new services or programs that are not expressly provided for in this Agreement.

l. Program Coordination. WM understands and acknowledges that WM is providing an integral part of a City service. Therefore, WM shall cooperate with City and its citizens in carrying out the basic task of C ollecting Solid Waste as provided herein. City shall have no role in WM’s provision of Solid Waste service to any other jurisdiction.

Section 6 CONTAINER REQUIREMENTS

a. Containers.

i. New Containers placed into service on or after April 1, 2023 shall comply with the Container color requirements specified in this Section or as otherw ise specified in 14 CCR Section 18982; 14 CCR, Division 7, Chapter 12, Article 3; or other Applicable Law. The parties agree that Containers shall be in the following colors:

1. Gray Containers: green bodies and black lids

2. Blue Containers: green bodies and blue lids

3. Green Containers: green bodies and green lids

ii. If an existing Container breaks or is otherwise rendered non- functional on or after April 1, 2023, WM shall replace the non-functional Container with a Container that complies with the color requirements of subsection (i) above.

iii. Notwithstanding this Section, WM is not required to replace functional Containers in use prior to April 1, 2023. However, such Containers shall be replaced with Containers compliant with subsection (1) prior to January 1, 2036.

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b. Labeling. Containers placed into service on or after April 1, 2023 shall comply with the labeling requirements of SB 1383 Regulations.

Section 7 TRANSFER, PROCESSING, AND DISPOSAL

a. Transport to Approved Facilities. WM shall Transport all Discarded Materials to the Approved Facility(ies). The Approved Facilities shall comply with the following requirements:

i. Approved Transfer Facility. WM’s Approved Transfer Facility shall be a Transfer Facility or operation that Transfers Single-Family, Multi-Family, and Commercial Source Separated Recyclable Materials, Source Separated Organic Waste, and Gray Container Waste Collected in accordance with this Agreement.

ii. Approved Source Separated Recyclable Materials Pr ocessing Facility (Blue Containers). WM’s Approved Recyclable Materials Processing Facility shall be a Facility or operation that Processes Single-Family, Multi-Family, and Commercial Source Separated Recyclable Materials to recover materials designated for Collection in the Blue Container.

iii. Approved Organic Waste Processing Facility (Green Containers). WM’s Approved Organic Waste Processing Facility shall be a Facility that Processes Single-Family, Multi-Family, and Commercial Source Separated Organic Waste to recover Source Separated Organic Waste.

iv. Approved Disposal Facility (Gray Containers). WM’s Approved Disposal Facility shall be a Disposal Facility that accepts Single -Family, Multi- Family, and Commercial Gray Container Waste Collected in accordance with this Agreement.

b. Allowable Organic Waste Facilities . If WM is interested in Transporting Discarded Materials to a type of facility that is not described above, WM shall obtain written approval from the City and such facilities or activities shall constitute a reduction in landfill Disposal pursuant to SB 1383 Regulations . If WM is interested in using a facility, operation, or activity not listed above and not specifically identified in SB 1383 Regulations, WM shall be responsible for securing the necessary approvals from CalRecycle, pursuant to the SB 1383 Regulations, that the facility’s process or technology constitutes a reduction in landfill Disposal prior to the City’s final approval of such facility or activity.

c. Guaranteed Capacity and Facility Standards . WM shall guarantee Transfer, Processing, and Disposal capaci ty at the Approved Facilities to receive all Discarded Materials Collected by WM throughout the Term of the Agreement.

d. Transportation and Facility Costs . WM shall pay all costs for the Transport, Transfer, Processing, and/or Disposal of Discarded Material s Collected in accordance with this Agreement. WM’s compensation for such services is included in the Rates charged to Customers.

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e. Subcontractors. If WM does not own or operate one or more of the Approved Facilities, WM shall enter into a subcontract agreement with the owner or operator of such Approved Facility(ies) and the requirements of Section 7(a) shall pertain to the Subcontractor. In addition, Subcontractor requirements and obligations related to indemnification (Section 24) and insurance requirements (Section 23) shall apply, as well as any other Subcontractor requirements or obligations stated in other sections of this Agreement.

f. Transportation to Non- Approved Facilities Prohibited. If WM Transports Discarded Materials to a Facility other than the Approved Facility(ies) or an Alternative Facility without prior City approval, WM’s failure to comply may result in City pursuing remedies available for the breach of this Agreement.

Section 8 CONTAMINATION MONITORING

a. SB 1383 Route Reviews . Commencing on or before April 1, 2023, WM shall conduct Hauler Route reviews for Prohibited Container Contaminants in a manner that complies with the SB 1383 Regulations. City has approved WM’s use of its Smart Truck℠ system, including Contamination monitoring via digital and video monitoring and the use of the internet to conduct such route reviews.

b. Contamination in Blue and Green Containers.

i. Roll-Out Period – Education and Outreach. During the Roll-Out Period WM shall not impose a Contamination Charge, but instead shall provide educational materials designed to minimize instances of Contamina tion. W here WM documents that a particular Customer has Contamina tion during the Roll -Out P eriod, WM shall Collect the offending Container if can be done safely , and provide a Violation Notice to the Customer ( electronically, if the Customer has provided WM with electronic contact information, otherwise by mail to the Customer ’s mailing address) with the following information:

1. Date of the offense;

2. Description of the Contamination;

3. If available, a photograph or video (or link to photograph or video);

4. A description of the materials that are not appropriate for Collection in said Container and a link to view online with educational materials; and

5. A website address to obtain additional information and/or receive responses to questions the Customer may have.

ii. Post Roll-Out Period. The following shall apply after the Roll-Out Period:

1. First and Second Occurrences. WM shall service Containers with Contamination except where there is visible Unacceptable Waste. WM shall then provide a Violation Notice electronically, if the Customer has provided WM with electronic contact information, otherwise by mail to the Customer’s mailing address.

2. Third and Subsequent Occurrences. WM is not required to Collect Recyclable Materials or Organic Waste Containers with Contamination; in

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such event, the Customer may request that WM Collect the Contaminated Container as Gray Container Waste, and pay the additional Collection fee listed in Exhibit D. Alternatively, WM may choose to Collect a Contaminated Container and invoice the Customer a Contamination Charge in the amount set forth in Exhibit D. In either case, WM shall provide a Violation Notice to the Customer electronically, if the Customer has provided WM with electronic contact information, otherwise by mail to the Customer’s mailing address. Additionally, if a Customer has more than three (3) instances of Contamination during any six (6) month period, WM may increase a Customer’s Gray Container Waste service (by transitioning to larger or additional Container(s), and/or more frequent Collections).

Section 9 BILLINGS AND PAYMENTS

a. Street Maintenance Fee. WM agrees to pay the City an annual street maintenance fee of $1,085,603 effective the first year of this A greement (April 1, 2023 through March 31, 2024). The City shall bill WM in equal monthly payments and the City shall deposit in the street fund, commencing April 1, 2023. The street maintenance fee shall be increased by the same percentage amount by which WM’s rates are increased pursuant to Section 10(b).

b. Downtown Maintenance Fee. WM agrees to pay the City an annual downtown maintenance fee of $100,000 effective the first year of this Agreement (April 1, 2023 through March 31, 2024). The City shall bill WM in equal monthly payments and the City shall deposit in the street fund, commencing April 1, 2023. The downtown maintenance fee shall be increased by the same percentage amount by which WM ’s rates are increased pursuant to Section 10(b).

c. SB 1383 Fee. On or about April 1, 2023, and each April 1 thereafter during the term of the Agreement, WM will pay City $125,000, which will be used by the City to fund a full-time employee who will focus on SB 1383 related matters. The SB 1383 fee shall be increased by the same percentage amount by which WM ’s rates are increased pursuant to Section 10(b).

d. Administrative Fee. WM will pay the City $250,000 on or about April 1, 2023, April 1, 2024, April 1, 2025 and April 1, 2026.

e. Customer Billing. City shall, as part of its municipal utility billing system, bill regularly scheduled Customers and collect payments from them for the Exclusive Services . WM shall provide City with all necessary billing information as soon as possible but no later than the City’s regularly scheduled billing date. City will furnish billing schedule to WM .

City will bill WM $28,017.65 per month for billing services effective as of the date of this Agreement and may increase the amount up to the percentage increases shown in S ection 10(b). If City determines to increase billing charge, City will notify WM of said increase thirty days before increase becomes effective.

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f. Exclusive Service Performance. WM shall perform the Exclusive Services to ensure adequate protection of public health and safety as provided by City Ordinance. WM shall provide Exclusive S ervices required under this Agreement for the R ates set forth as attached hereto and incorporated herein as Exhibit D -G, as the same may be adjusted in accordance with Section 10.

g. Franchise Fee Collection and Payment . City shall remit to WM each Friday, the net collections in the previous week after deducting from collections a 4.8% franchise fee.

City hereby agrees to keep and maintain proper records of its collection hereunder and to make such records available to WM or its authorized agent for audit at any reasonable time in the office of the City of Lodi Finance Department.

i. Billing. Prior to December 31, 2023, and each December 31 thereafter, the number of City-billed Service Recipients shall be determined as follows:

1. Not later than September 30 of each year, the City shall provide to the Company the total number of City-billed Service Recipients as determined by the City.

2. Company shall have forty-five (45) days to review the total number of City-billed Service Recipients and the supporting documentation supplied by the City.

3. Company shall inform the City in writing not later than 10 days following the end of the 45-day review period of any disagreement with the total number of City-billed Service Recipients and the basis for such disagreement.

4. If Company and the City are unable to agree on the total number of City- billed Service Recipients within 10 days after receipt from the Company of the notice of disagreement, either Party may submit the matter to the City Council for resolution in its reasonable judgment, provided however, that where Company substantiates that the service has been provided, and the City does not agree to pay for the services, Company may remove the containers from the Premises of the Service Recipient unless payment in full in arrears is subsequently received from the City.

h. Service Accounting. WM shall set up a system of accounting to assure that all accounts are in fact being served by WM with appropriate Gray, Blue and Green Container C ollection services, neighborhood cleanup, and other services being provided, as otherwise required by this Agreement.

i. WM and City Interaction with Customers. WM shall provide the field and office interface in Lodi with its Customers. Requests for service shall be made by Customers through City.

City shall maintain in writing documentation of all such account contacts on a d aily basis so that appropriate Customer billing and WM compensation may be facilitated.

Section 10 RATES

a. Service Rates. Rates collected for services shall be set forth in Exhibit D-G (the “Rates”),

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subject to adjustment as provided in this Agreement.

b. Annual CPI Adjustment . Commencing on April 1, 2024, and on the same date annually thereafter (the ” Adjustment Date”), the Rates shall be adjusted by a percentage amount derived by multiplying the then -current Rates by eight y percent (80%) of the percentage increase of the Consumer Price Index for all Urban Consumers for San Francisco-Oakland- San Jose, California area, All Items (1982 -84=100) , series CUUR0000SEHG CPI -U Water and Sewer and Trash Collection Services, US City Average, not seasonally adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics (“CPI- U”). The CPI -U adjustment will be calculated using the change in the 12 -month annual average of monthly CPI-U index values between the January 1 to December 31 period of the year immediately prior to the adjustment date, and the January 1 to December 31 period of the year before. P rovided that adequate supporting information has been submitted by WM, the annual adjustment to Rates shall be deemed approved and shall take effect as outlined in this section. In the event the CPI -U is no longer published by the Bureau of Labor Statistic s, WM and City shall negotiate in good faith to agree upon a suitable replacement index reflective of the cost of living in the franchise area.

Additionally, on April 1, 2024, April 1, 2025, and April 1, 2026, the legacy Rates for 20- and 35- gallon Single -Family Customers, as described in Section 4(d)(i), will be incrementally adjusted such that said Rates will equal the 64 -gallon Rate on April 1, 2026. WM and City will meet and confer regarding such incremental adjustments, provided that on April 1, 2026, the 20- and 35-gallon legacy Rates will equal the 64-gallon Rate.

c. Extraordinary Adjustments. In addition to the annual adjustment provided by subsection (b) above, the Rates may, upon written request of WM and approval by City (which such approval shall not be unreasonably withheld or delayed), be further adjusted to accommodate the unexpected increases to expenses associated with performance of the Exclusive Services hereunder due to any one or more of the following causes:

i. Force Majeure (see Section 33(i));
ii. Changes in Applicable Law that is effective after the date this Agreement is first executed by a party;
iii. Increase in surcharges, fees, assessments or taxes levied by federal, state or local regulatory authorities or other governmental entities related to the Exclusive Services;
iv. Increase of at least 10% in the cost of transportation, including fuel and third-party transportation costs; or
v. Any other extraordinary circumstances or causes or reasons that are not within the reasonable control of WM.

If WM requests a Rate adjustment pursuant to this Section 10(c), it shall prepare a Rate adjustment request setting forth its calculations of the increased expenses and accompanying adjustment to the Rates necessary to offset such increased expenses . The City may request documentation and data reasonably necessary to evaluate such request by

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WM, and may retain, at its own expense, an independent third party to audit and review such documentation and request. If such third party is retained, the City shall take reasonable steps, consistent with Applicable Law, to protect the confidential or proprietary nature of any data or information supplied by WM. The City shall consider all properly calculated Rate adjustments within one hundred and eighty (180) days of WM ’s request, and if approved, the adjusted rates shall be deemed to take effect as of the date of WM ’s request.

d. Approval of Rate Adjustments . All rate changes , except the base rate in paragraph a. of this Section and the Rate adjustments in paragraphs b. and c. of this Section, shall be approved and adopted under the procedures set forth by Proposition 218, or any other process that the City is required to complete to adopt a rate or fee. For WM-requested rate changes, WM shall reimburse City for all costs incurred by City in connection with the Proposition 218 or other required City procedures.

e. Validity and Enforceability of Fees. In the event the franchise fee or any other fee set forth in this Agreement is determined by a court to be invalid or unenforceable, then WM shall not be obligated to remit such invalidated fee to the City. City and WM will, as promptly as reasonably practicable following such court decision meet and confer to negotiate in good faith and using reasonable efforts to agree upon on adjustments to each of the Rates, which adjustments shall in the aggregate, as applied to Collection services, equal the amount of the City fees determined to be invalid or unenforceable. To the extent the Customers are entitled to a reimbursement of any invalid or unenforceable City fees, City will directly reimburse such Customers such City fees to the extent the same have been paid by such Customers either directly or indirectly (through Contractor) to the City.

Section 11 MATERIALS TO BE COLLECTED

WM shall furnish all labor, supervision, material, permits, licenses, and equipment necessary to provide the services provided under this Agreement, which shall include basic Solid W aste, recyclable, neighborhood cleanup, yard and garden waste C ollection for occupants of specified dwelling units and business establishments within the City, as follows:

a. Residential and C ommercial Gray Container Waste, including properly containerized residential and Commercial Refuse and/or rubbish.

b. Residential and Commercial Source Separated Organic Waste, including grass clippings, weeds, brushes, brush clippings and branch clippings when properly containerized.

c. Residential and C ommercial Source Separated Recyclable Materials, properly containerized.

d. Neighborhood cleanup disposables and Recyclable Materials.

e. Illegal dump services

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f. Where required in this Agreement, WM shall only Collect toxic, or H azardous Waste as permitted to do so by the State Health Department.

g. WM may only refuse to service a Customer or specific location when R efuse contains illegal materials, is not placed in approved container, or is not located in the required pickup area.

h. WM shall discontinue Solid W aste service at any location as set forth in a w ritten notice sent to it by City. Upon further notification by City, WM shall resume Collection service on the next regularly scheduled Collection day.

i. All containers will be returned to their proper location after dumping.

Section 12 COLLECTION CONTAINERS

All materials to be Collected shall be placed in City approved containers by Customers.

Section 13 RUBBISH TOO LARGE OR TOO HEAVY FOR COLLECTION

Items too large or heavy for proper containerization such as bundles of brush and branches, heavy earthen materials and other large items that are out of the scope of Exclusive S ervices will be Collected for a negotiated price with the C ustomer. If Customer requests such special service, these special services will be scheduled outside of WM’s normal Collection schedule.

Section 14 INDUSTRIAL COLLECTION

WM may provide Industrial Refuse Collection services outside the scope of this Agreement in the City of Lodi in accordance with City Municipal Code.

Section 15 TIME OF COLLECTION

WM shall not commence Collection of Solid Waste in residential areas prior to 5:30 a.m. and 5:00 a.m. in Commercial areas, or continue Collection after 6:00 p.m. in either area. All Collection shall be made as quietly as possible, and conform to any Federal, State, County or City noise level regulations.

Section 16 COMPLAINTS

a. WM will receive and handle all complaints. Upon receipt of a complaint, WM shall identify and contact the complainant, investigate the issue, and then resolve the complaint directly with the complainant. WM shall keep a record of all complaints and their resolutions, and shall forward such to City on a quarterly basis. Should WM not render Collection service within forty -eight (48) hours after a missed C ollection complaint is reported to its authorized representative, City may make whatever arrangements are necessary, in its opinion, to provide the Collection service. WM will reimburse the City for all costs,

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charges and damages incurred by City, together with the costs of completing the work and all such costs may be charged against any monies due or which may become due WM.

b. City shall notify WM of any complaint reported to City. It shall be the duty of WM to take whatever reasonable steps may be necessary to remedy the cause of the complaint within forty-eight (48) hours after initial receipt and then notify City of its disposition.

Section 17 DISPOSAL SITE DESIGNATION

a. Compliance and Transport to Approved Disposal Facilities . All Gray Container Waste Collected in the Service Area shall be transported by WM to an Approved Disposal Facility. Loads taken to Approved Disposal Facilities will be accounted for by weighing and paid for by WM at the then current rate. WM shall follow all established rules and regulations when operating on any Disposal site. WM’s operators shall follow all directions given by the landfill spotter when delivering Solid Waste material.

b. Transfer Locations. WM may haul waste Collected under the terms of this Agreement to WM’s Approved Transfer Facility. WM shall be required to weigh all loads Collected in the City and hauled to the Approved Transfer Facility. WM will keep track and maintain the records of tonnages hauled to and Transferred from the Approved Transfer Facility by type (i.e., Gray Container Waste , Recyclable Materials, and Organic Waste). Except for materials retained for Recycling, WM shall transport Collected Gray Container Waste to the North County Sanitary Landfill for Disposal or to such other Disposal sites as City may from time to time designate.

Section 18 COLLECTION VEHICLES AND EQUIPMENT

a. WM Fleet. WM shall provide and maintain during the entire period of this Agreement a fleet of modern packer -type Collection vehicles, and corresponding personnel to operate such vehicles, sufficient in number and capacity to efficiently perform the work and render the services required of WM by this Agreement. WM shall provide evidence satisfactory to City of its ability to furnish adequate backup vehicles and personnel.

b. Vehicle Condition. Each C ollection vehicle shall be kept in a sanitary condition, good appearance and good repair at all times. City reserves the right to inspect WM’s Collection vehicles at any reasonable time to ascertain said condition.

c. Noise Standards . The noise level for the Collection vehicles during the stationary compaction process shall meet current State and local standards.

d. Vehicle Equipment. Each truck at all times shall be equipped with a shovel and a broom or rake, intended for the Collection of spilled Refuse. All vehicles shall be equipped with spill kits to be used in the event of a spill and to prevent fluids or oils from flowing into storm- water drains.

e. WM Identification. WM’s vehicles and other equipment must be clearly identified with the

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name and phone number of WM’s office on each side of the equipment.

f. Equipment List Availability. WM shall furnish to City upon request a list identifying all equipment to be used in fulfilling this Agreement and notify City of any changes.

g. Vehicle Age. WM’s primary fleet of Collection vehicles shall not exceed ten (10) years in age during the term of this Agreement, without the City’s consent.

h. Zero Emission Vehicles and Negotiated Costs . If WM or any of its California affiliates implement a fleet of zero emission Collection vehicles on a permanent basis, WM will use commercially reasonable efforts to utilize such vehicles in the City of Lodi. If such vehicles result in greater operating or capital costs, then the City and WM will first agree on any compensation adjustments to offset such additional costs.

Section 19 LAWS TO BE OBSERVED

WM shall at all times observe and comply with all Federal and State laws, local laws, ordinances, orders, rules, and regulations of the Federal, State, County, or local governments.

Section 20 FAMILIARITY WITH LAWS AND ORDINANCES

The signing of this Agreement shall be considered as a representation that WM is familiar with all Federal, State, and local laws, ordinances, and regulations which affect those engaged or employed in the work, or equipment used in the work or which affect the conduct of the work; and, no plea of misunderstanding will be considered on account of ignorance thereof.

Section 21 TAXES

WM shall pay all applicable Federal, State and local taxes.

Section 22 CONFIDENTIALITY

WM acknowledges that City is legally obligated to comply with the California Public Records Act (“CPRA”). City acknowledges that WM may consider certain records, reports, or information contained therein, which WM is required to provide to City under this Agreement to be of a proprietary or confidential nature. In such instances, WM will inform City in writing of which records are considered propriety or confidential. At such time as City receives a request for records under the CPRA or Federal Freedom of Information Act or a subpoena or other court order requesting disclosure of the identified records, City shall notify WM of the request, subpoena or order and of City’s obligation and intent to provide a response within 10 days. WM shall within five days either: (i) consent in writing to the disclosure of the records; or (ii) seek and obtain, at WM’s sole cost and expense, the order of a court of competent jurisdiction staying or enjoining the disclosure of the records.

Section 23 INSURANCE

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WM shall secure and maintain throughout the duration of this Agreement, insurance of such types and not less than amounts as hereinafter listed.

a. Workman’s Compensation. WM shall carry with a company authorized under the laws of the State of Californ ia, a policy to protect WM against liability under the Workman ’s Compensation and Occupational Disease Statues of the State of California.

b. Vehicle Liability Insurance. WM shall carry, in WM ’s own name, a policy under a comprehensive form to insure the entire vehicle liability for WM’s operation with limits of not less than $5,000,000 combined single limit auto liability. The policy shall be primary and name City, its Elected Officials, Officers, Agents and Employees as additional insureds with respect to the operation of vehicles owned or operated by WM while performing work under the terms of this contract.

c. General Liability . WM shall carry and maintain throughout the term of this contract a comprehensive liability insurance policy issued by a company duly authorized to do business in the State of California, insuring both City and WM , with respect to the work performed by WM under the terms of this Agreement in an amount of not less then $2,000,000.00 each occurrence combined single limit for injury or death to persons and for damage to property.

d. Certificate of Insurance. A certificate of Insurance naming City, its Elected Officials, Officers, Agents and Employees as additional insured, except for Workers Compensation, shall be filed with the City for each policy. Each certificate must be presented in a form and with provisions subject to the Risk Managers approval.

e. WM Must Maintain Insurance. Regardless of such approval by City, it shall be the responsibility of WM to maintain adequate insurance coverage at all times, and its failure to do so shall not relieve it of any contractual obligations or responsibility. Failure on the part of WM to maintain these insurance policies in full effect will be considered as a failure in Agreement performance and will be treated as such by City.

Section 24 WM TO INDEMNIFY CITY

WM shall indemnify and save harmless City, its Elected Officials, Officers, Employees and Agents from any and all claims, suits, or actions made or brought against the City, its officers, employees and agents for any and all injuries or damages, including, but not limited, attorney’s fees and costs, experts’ fees and costs, and consultants’ fees and costs incurred by City in the defense of any such claim, suit or action, which results from or is caused by the negligent acts or willful misconduct of WM or its agents or subcontractors in doing the work and rendering the services provided for by this Agreement, excluding injuries or damages to the extent that they are caused by the negligent acts or willful misconduct of City or its employees, agents, subcontractors or elected officials. The extent of WM’s liability under this section shall not exceed the amount of WM ’s proportionate share of fault.

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Section 25 PERMITS

WM shall obtain, at its own expense, all permits and licenses required by Federal, State, and local laws or ordinance and maintain same in full force throughout the term of this Agreement

Section 26 PERSONAL LIABILITY OF PUBLIC OFFICIALS

Neither the City C ouncil of Lodi nor any officers, employees or agents shall be personally responsible for any liability arising under or growing out of this Agreement or operations of WM under the terms of this Agreement.

Section 28 CITY NOT LIABLE FOR DELAY

It is further expressly agreed that in no event shall City be liable or responsible to WM or to any other person for or on account of any stoppage or delay in the work herein provided for by injunction or other legal or equitable proceedings filed by persons not a par ty to this Agreement, or from or by or on account of any delay for cause over which City has no control.

Section 29 PUBLIC CONVENIENCE AND SAFETY

WM shall observe all City Ordinances , Resolutions, and policies relating to encroachments, obstructing streets, keeping alleys or other rights-of-way open and protecting same, and shall obey all laws and City regulations and protocol controlling or limiting those engaged in the work. WM is granted the right of using the streets or alleys for the purpose of doing the work specified in this Agreement, but is not granted exclusive use of such streets or alleys. WM shall handle the work in a manner that will cause the least possible inconvenience and annoyance to the general public and to the property owners consistent with WMs reasonable operational requirements. There is hereby reserved to City, every right and power which is required to be herein reserved or provided by any ordinance or resolution of the City, and WM agrees to be bound thereby and to comply with an y action or requirements of City in its exercise of such rights or power, heretofore or hereafter enacted or established. The awarding of this Agreement as provided for herein, shall not constitute a waiver or bar to the exercise of any govern mental right of City. No right or exemption shall be granted to WM except those specifically prescribed herein.

Section 30 EXAMINATION OF THE SITE OF THE WORK

By the signing of this Agreement, WM represents that it has carefully examined the service area, the Disposal sites, and that WM is fully informed concerning the requirements of this Agreement, the physical conditions to be encountered in the work, and the character, quality and the quantity of service to be performed, and of materials and equipment to be furnished. Negligence or inattention of WM in determining site conditions prior to signing this Agreement, in any phase of its performance of the Essential Services , shall not obligate the City to pay any additional compensation for additional work caused by such negligence or inattention.

Section 31 VERBAL AGREEMENTS

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No verbal agreement or conversation with any officer, agent or employee of City, either before or after execution of this Agreement, shall affect or modify any of the terms or obligations contained in this Agreement. Any such verbal agreement or conversation shall be considered as unofficial information and in no way binding upon City or WM.

Section 32 ASSIGNMENTS AND SUBCONTRACTING

No performance to be rendered or payment due under this Agreement may be assigned or transferred, and WM shall not subcontract any work hereunder other than those specified in this Agreement, without the prior written approval of the City Council. Such assignment or subcontract will not be unreasonably withheld by the City Council.

Notwithstanding the foregoing, should WM engage in reorganizations, mergers, consolidations or similar transactions between or among entities owned by the same direct or indirect parent entity, WM shall notify the City of such change and the City must acknowledge its consent to such

reorganizations, mergers, consolidations or similar transactions in writing for this Agreement to continue with the new entity.

Section 33 BREACH, CURE, AND TERMINATION PROVISIONS

a. City May Act if WM Does Not. If WM fails to provide Collection services for Gray Waste, Source Separated Recyclable Material, Source Separated Organic Waste, and neighborhood cleanup as required by this Agreement for a period in excess of five (5 ) consecutive, scheduled working days, other than by reason of Force Majeure, City may take the following actions:

i. At its option, take possession of all of WM’s equipment and facilities used in the performance of this Agreement.

ii. Employ such means as it may deem advisable and appropriate to continue work until the matter is resolved and WM is again able to carry out operations under this Agreement.

iii. Charge any and all operating expenses incurred by City against any money then due or to become due to WM a nd, should the City ’s cost for continuing the operation exceed the amount due to WM, collect the amount due from WM and also to assert a lien on all properties of WM.

iv. During such period, the liability of City to WM for loss or damage to equipment and facilities so used shall be that of a bailee for hire, ordinary wear and tear being specifically exempt from such liability.

b. Automatic Termination upon Bankruptcy . In the event WM shall be adjudged bankrupt under Chapter 7, either by voluntary or involuntary proceedings, then this Agreement shall immediately terminate and in no event shall this Agreement be, or be treated as, an asset of WM after adjudication of bankruptcy.

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c. Breach. Failure to perform any material part of this Agreement, other than by reason of Force Majeure, shall be considered a breach and City may terminate this Agreement after the lapse of the applicable cure period listed in Subsection d. below.

d. Cure. Except for the occurrence or existence of Force Majeure, in the event of any material failure or refusal of WM to comply with its obligations under this Agreement, efforts to resolve the issue shall occur as follows:

i. Meet and Confer. WM and City shall meet and confer in good faith in an effort to cure the breach by informal resolution.

ii. Notice to Cure. If the parties are unable to informally resolve and cure the breach, City shall give written notice to WM specifying the particular default or defaults which, unless corrected, constitute a material breach of this Agreement on the part of WM. WM shall then have thirty (30) calendar days thereafter or, if the breach or default cannot reasonably be cured within such period and if diligent efforts to cure promptly commence, then the cure period shall continue as long as such diligent efforts to cure continue, but not beyond a period of ninety (90) calendar days. At the expiration of the cure period, WM still has not cured the defaults, City shall have the right to terminate this Agreement.

e. Possession of WM’s equipment, facilities, and records . In the event of termination of this Agreement for breach, default, or bankruptcy as specified above, City shall have the right to forthwith take possession of all WM ’s equipment, facilities, and records used in the performance of this Agreement.

i. City shall have the right to retain possession of said equipment, facilities, and records until other such items can be acquired by City for operation of the system or another contractor is engaged to perform the service.

ii. City shall have the right at its option to purchase WM’s equipment and facilities at the fair market value thereof.

iii. City shall pay WM the reasonable rental value of such equipment, facilities during the time the same are used by City. Liability of City to WM during this period shall be that of a bailee for hire, ordinary wear and tear specifically exempt from such liability.

f. Termination for Cause Process . If City chooses to exercise its right to terminate this Agreement prior to expiration of the full term, the Termination shall become effective upon service of the City’s written notice of its intent to terminate upon WM. Service of the notice to terminate shall be deemed to have been made five days after the date of mailing of the notice to WM by City.

g. Mutual Agreement to Terminate . WM and City may agree, upon mutually satisfactory

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terms, for the termination of all or any part of the business of this Agreement prior to the expiration of the term of this Agreement.

h. Criminal Conviction . In the event any contract manager, officer or dire ctor of WM is convicted of fraud, bribery or attempted bribery of a public officer or employee, embezzlement, extortion, racketeering, false claims, false statements, forgery or any similar felony involving business dishonesty, WM shall promptly terminate from employment or remove from office the convicted employee, officer or director and eliminate the ability of such employee, officer or director to manage, supervise or influence the decisions or actions of WM or any parent company of WM. If WM fails to comply with the foregoing obligation, WM may be considered in breach of this Agreement and City may terminate this Agreement at City’s option as provided in this section.

i. Force Majeure. The performance of this Agreement may be discontinued or te mporarily suspended in the event of Force Majeure. WM shall not be deemed to be in default and shall not be liable for failure to perform under this Agreement if WM ’s performance is prevented or delayed by Force Majeure. The Parties agree that the settlement of strikes, lockouts or other industrial disturbances, and litigation, including appeals, shall be entirely within the discretion of WM , and WM may make settlement thereof at such time and on any such terms and conditions as it may deem to be advisable, and no delay in making such settlement shall deprive WM of the benefit of this Section. “Force Majeure” means acts of God including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, public riots, explosions, governmental restraint or other causes, whether of the kind enumerated or otherwise, which are not reasonably within the control of the party affected by the Force Majeure event.

Section 34 NON-DISCRIMINATION IN EMPLOYMENT

WM, in performing under this Agreement, shall not discriminate against any worker, employee or applicant, or any member of the public because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, physical or mental disability, genetic information, or age, nor otherwise commit an unfair employment practice. WM will take affirmative action to ensure that applicants are employed, and that employees are dealt with during employment without regard to their race, creed, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, military or veteran status, or national origin, ancestry, physical or mental disability, genetic information, or age,. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. WM further agrees that this clause will be i ncorporated in all subcontracts entered into with suppliers of services, and all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or service in connection with this contract.

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Section 35 EMPLOYEES

a. All subcontractors, superintendents, foremen, and workmen employed by WM shall be competent and careful workmen skilled in their respective trades.

b. WM shall not employ any person who repeatedly engages in misconduct or is incompetent or negligent in the due and proper performance of its duties.

c. WM shall enforce a policy which prohibits an employee from being under the influence of, intoxicated by, or otherwise impaired by drugs and/or alcohol while on duty or on company property. Any employee with a positive drug/alcohol screen will be subject to termination.

d. Employees driving WM’s vehicles shall at all times possess and carry an appropriate and valid vehicle operator’s license issued by the State of California.

e. WM’s employees, officers, agents and subcontra ctors shall, at no time be allowed to identify themselves or in any way represent themselves as being employees or agents of City.

f. All persons employed by WM to C ollect Solid W aste shall be required to wear clean uniforms when on duty. Uniforms shall bear a distinctive logo identifying the wearer as an employee of WM.

Section 36 CLAIMS

WM shall pay all just claims for the payment of employee and other labor, furnished material s service and equipment, rentals, Disposal and all other operating expenses associated with and complying with the terms of this Agreement.

Section 37 INDEPENDENT CONTRACTOR

a. WM is an Independent Contractor . All services delivered by WM under this Agre ement shall be provided under the coordination of City. It is understood and agreed that WM is an independent contractor and that no relationship of employer -employee exists between City and WM hereto. WM hereby agrees to hold City harmless from any and all claims that may be made against City, its Elected Officials, Officers, Employees or Agents based upon any contention by any third party that an employer -employee relationship exists by reason of this Agreement.

b. WM Control its Performance. It is further understood and agreed by the parties hereto that WM in the performance of its obligations hereunder is subject to the control or direction of City merely as to the result to be accomplished by the services hereunder agreed to be rendered and performed and not as to the means and methods for accomplishing the results.

No permitted or required approval by City of WM pursuant to this Agreement shall be construed as making the City responsible for the manner in which WM performs its services or for any acts, errors or omissions of WM , such approvals are intended only to

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give City the right to satisfy itself with the cost and status of work performed by WM.

c. City Does Not Employ WM or Any Subcontractors . If, during the pe rformance of this Agreement, WM employs any third persons, such persons shall be entirely and exclusively under the direction, supervision and control of WM . All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging or any other terms of employment, or requirements of law, shall be determined by WM , and City shall have no right or authority over such person or the terms of such employment, except as provided in Sections 7, 24 and 35 of this Agreement.

d. WM Tax Responsibilities . It is further understood and agreed that WM shall issue W -2 Forms for income and employment tax purposes for all of WM’s assigned personnel under the terms and conditions of this Agreement.

Section 38 CONSTRUCTION AND INTERPRETATION

It is agreed and acknowledged by the parties hereto that the provisions of this Agreement have been arrived at through negotiation, and that each of the parties has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by their respective legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply on construing or interpreting this Agreement.

Section 39 WAIVER

The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent default or other matter.

Section 40 SUCCESSORS AND ASSIGNS

This Agreement shall bind and inure to the benefits of the respective successors and assigns of the parties.

Section 41 TIME

Time is of the essence in the performance of each and every term of this Agreement,

Section 42 TERM OF AGREEMENT

a. Term. This Agreement shall commence on April 1, 2023 (the “Commencement Date”) and shall terminate on December 31, 2030.

b. Renewal Options . WM shall have the option to renew this Agreement once, for an additional five (5) years by giving the City notice thereof not later than M arch 31, 2029.

Thereafter, at the City ’s option, with WM ’s concurrence, this Agreement shall be renewable for successive seven-year increments by giving WM notice of renewal not later

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than 18 months’ prior to the expiration of the then existing term.

c. No Obligations Following Agreement Expiration or Termination. At the end of the term of this Agreement, if City implements alternative service programs in WM Service Area, WM shall have no financial claim against City of any type or amount. WM specifically acknowledges and understands in this regard that WM shall provide the required services under this Agreement, during the term of this Agreement, at the herein agreed compensation, and do so under circumstances where, despite having provided quality service to City, the Agreement may expire as provided above, at which point City would have no remaining financial, legal or other obligation to WM and WM would have no expectations of any such further obligation on the part of City.

Section 43 NOTICES

Notices concerning this Agreement shall be deemed to have been served when deposited in the United States Mail, first class postage prepaid, and addressed as follows:

To City: To WM:

City of Lodi Waste Management
City Manager Attn. A rea Vice President
221 West Pine Street 100 Vassar Street
Lodi, CA 95240 Reno, NV 89502

Section 44 ENTIRE AGREEMENT AND RENEWALS

This Agreement constitutes the sole, final, complete, exclusive, integrated expression and statement of the terms and conditions of this Agreement and understanding between City and WM concerning the subject matter addressed herein, and supersedes all prio r negotiations, representations, or agreements, written or oral, relating to the subject matter of this Agreement.

This Agreement shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by both parties hereto. This Agreement may be amended from time to time by mutual agreement of City and WM ; and, with the consent of WM , but at the sole, independent election of the Lodi City Council to do so, may be renewed.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

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CITY OF LODI, a municipal corporation

D. STEPHEN SCHWABAUER
City Manager
USA WASTE OF CALIFORNIA, INC., a
Delaware Corporation authorized to do business
in California and DBA CENTRAL VALLEY

WASTE SERVICES

By:

Name:

Title:

ATTEST:

OLIVIA NASHED
City Clerk

APPROVED AS TO FORM:

JANICE D. MAGDICH, City Attorney

By:
c@F

CITY OF LODI
PUBLIC \ryORKS DEPARTMENT
AMENDED AND RESTATED AGREEMENT FOR SOLID ÏVASTE COLLECTION, RECYCLING AND GREEN \ilASTE COLLECTION AND PROCESSING SERVICES IN THE

CITY OF LODI BY AND BETWEEN THE CITY OF LODI AND USA WASTE OF CALIFORNIA, NC.o dba CENTRAL VALLEY WASTE SERVICES, A ÏVASTE MANAGEMENT COMPAI\IY.

THIS AMENDED AND RESTATED AGREEMENT (this "Agreement") is made and entered into this É¿uy of Jclb . 2008, by and between the CITY OF LODI, hereinafter referred to as "CITY" and USA V/AST-E OF CALIFORNIA, INC., DBA CENTRAL VALLEY V/ASTE SERVICES, hereinafter referred to as "CONTRACTOR."
\ryITNESETH
WHEREAS, Contactor and the City are parties to the Agreement for Solid Vy'aste Collection, Recycling and Green 'Waste Collection and Processing Seruices in the City Of Lodi dated April 1, 2002, as subsequently modified by rate adjusbnents (the "Original Agreement"); and V/HEREAS, the City and Contractor wish to amend a¡d restate the Original Agreement all on the terms provided for herein; and
V/HEREAS, Contractor has provided solid waste management services to City and Contactor has represented and warranted to City that it has the experience, responsibility, and qualifications to provide to the residents and businesses in the franchise area, services for the collection and safe tansport to disposal facilities of Solid Vy'aste and City determines and ñnds that the public interes! health, safety and well-being would be best served if Contractor 1ryere to provide such services to residents and businesses; and
V/HEREAS, the Legislature of the State of California, by enactuent of the Califonria Integrated Waste Management Act of 1989 ("48939), 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 has established a Solid'Waste management process which requires cities and other local agencies to implement plans for source reduction, reuse and recycling as part of their integrated waste management practices; and
WHEREAS, City and Contractor are mindful of the provisions of the laws goveming the safe collection, transport, recycling and disposal of Solid 'Waste, including AB 939, the Resoruce Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act ('CERCLA"); and
EXHIBIT "A"
WHEREAS, City and Contractor desire to enter into a new agreement to provide for specified solid waste collection, curbside recyclable collection and processing, neighborhood cleanup collection, green waste collection and processing, and illegal dumping remediation services; NO'W, TIIEREFORE, in consideration of the mutual promises herein, the parties hereto agree that the Original Agreement is hereby amended and restated in its entirety as follows:

Section I INCORPORATION OF ABO\18 RECITALS
The foregoing recitals are hereby incorporated into this Agreement by reference.

Section 2 DEFINITIONS
For purposes of this Agreem€nt, the following definitions apply in addition to those not included herein but that are defured by Municipal Code:
a. Electronic V/aste means discarded electronics equipment such as cell phones, computers, monitors, televisions, and other items containing cathode ray tubes (cRT's). b. Household Hazardous Waste means any hazardous waste generated incidental to owning or maintaining a place of residence, but does not include any waste generated in the course of operating a business concern at a residence. (Califomia Health and Safety Code Division 20, Chapter 6.5, $2521 8(iXe)).
c. Refuse - Any and all discarded items and substances of every kind, including salvageable or Recyclable Materials, and garden wastes, but not including seu/age, septic tank contents, sand trap contents, grease trap contents, infectious wastes or hazardous wastes as defîned by state and/or federal law.

Recvclable Materials - Refuse consisting of plastic bottles, tin, steel and aluminum cans, glass bottles and jars, nerû/spapers, brown paper bags, comrgated cardboard, chipboard, colored paper and bags, magazines, white and colored paper, as well as all other materials included in the State CRV program.

Universal Waste means electronics (VCR's, cell phones, radios), batteries, mercury thermostats, fluorescent lights, mercury thermometers, and other products containing mercury or other heavy metals.
f. Yard and Garden Waste (Green 'Waste)
- Refuse consisting of grass, leaves, wood chips, green plants, weeds, tree branches and garden trimmings, but does not include stumps or similar bulky wood materials.

Section 3 SERVICE ARBA
All customers, except industrial, within the City shall be exclusively serviced by Conhactor. The ser¡¡ice area shall be the entire incorporated boundaries of the City of Lodi, including any changes to those boundaries that may occur during the term of this Agreement to the extent allowed by law. d.

Section 4 SERVICE TYPES
All single family dwelling and duplex customers shall have multi-cart service. All other customers shall have the option to utilize cart service or container service a' Multi-cart
î*i:#Tlï ä'Ï:H:;clable Materials and non-green waste) (brown) - t-20 gallon, 1-35 gallon,l-64 gallon or 1-96 gallon
e Recycling cart (green) - up to 3-64 gallon
. Yard and Garden cart (gray) - up to 3-96 gallon
Cart sizes indicated are minimum sÞes and may be increased at Contractors option. b. Container refuse service witl be offered in sizes ranging from one (1) cubic yard to fifty (50) cubic yards. A maximum of ¡wo (2) recycling or yard and garden containers will be offered to each customer with no additional fees. These containers will be offered in ¡u¡o (2) and four (4) cubic yard sizes.
c. Container refuse customers may have the option to utilize cart recycling and yard and garden sen¡ices.
d. Multi-cart service customers may have the option to use container recycling service as approved by City in consultation with Contractor on a case by case basis.

Section 5 SCOPE OF SERVICE
a. Multi-cart collection service of refuse (other than for Recyclable Materials and green waste) will be once a week, whereas Recyclable Materials and gteen waste will alternate on a weekly basis Monday through Friday. Extra frequency and special services will be offered for additional charges as needed or requested by customer.
b. Container sen¡ice levels will be determined by the needs of the individual customer. Frequency of collection will be determined by the need of the customer. Service will be availabie Monday through Saturday at standard rates. Sunday service wili be offered as needed or requested by customer for an additional charge.
c. Service shall inciude providing all labor, equipment, tools, materials, trucks, containers, and carts, superrrision, management, and all other items incidental thereto, and to perform all work necessary, to complete the work as specified, and in the prescribed manner and time for the collection of re rse, Recyclable Materials, neighborhood cleanup materials, and green waste, and the provision of other specified sen¿ices in ttre City. d. Contractor will provide a Recycling and Education Awareness Program. As an incentive and recognition for City and schools participating in the Recycling Education Awareness Program, Contractor will donate on an annual basis, a portion of the revenues available from the sale of Recyclable Materials generated from the City to the schools within the City limits of Lodi. The donated amount wiU be at least twenty-eight thousand fîve hundred dollars ($28,500) per year based on the Conhactor's established criteria. This amount will increase five hundred dollars ($500) per year over the life of this agreement. Contractor shall report to City annually. e. Contractor in coordination with City will provide comprehensive AB 939 services including:
. Contractor shall submit a draft of the Source Reduction and Recycling Element (SRRE) document for City's ¡eview and assist City in it's submission. . Contractor shall assist City in preparing the At¡ual Report, including all necessary documentation and reports'
¡ Contractor shall prepare the quarterly and annual tonnage reports and submit to CitY.

Contractor shall defend, indemnify and hold hannless City with respect to the City's failure to meet its AB 939 diversion goais as a result of the Contractor's failure to meet the applicable diversion goals for the materials coliected by Contractor. Such indemnity shall be limited to exclude ali damages or claims to the extent that they are caused by, arise from or in connection with (i) any negligent actions or omissions or willful misconduct of the City, or its employees, agents, appointèA and elected ofücials; or (ii) the failure of the City or its employees, agents, aipointeå'and elected officials to comply with or enforce applicable solid waste and/or rãcycling statutes, ordinances, regulations, or other requirements, other than failures attributable to Contractor's performance under this Agreement. The extent of the Contractor's liabiiity under this Section ihall not exceed the amount of Contractor's proportionate share of fault.
f. Contractor will provide an iliegai dumping pick-up program coordinated between City and Contractor. The Contractor wili provide up to thrfy-five (35) illegal dump collections during each caiendar year. Each collection wiil be limited to two (2) cubic yards. The illegal dumping ser,¿ice will be provided on public properfy and City and raiiroad rights of way only. City will notify Contractor of the i[ãgal dump location, Contractor will be required to collect item(s) within frve (5) business days of notification. Contractor will not be required to pick-up toxic or hazardous materials. Upon verification of the identity of the person(s) responsible for the illegal dumping, City will consistent with the exercise of the City Attorney's prosecutional discretion, prorã"rrié in áccordance with local and state litter laws and collect the fees equal to Contractor's ãisposal cost per ton plus an hourly cost for equipment and labor charges in addition to any fees o, fio", that may be imposed by City. City will pay Contractor for costs incurred if fees are collected. City shall cooperate with Contractor to veriff the identity of persons responsible. For illegal dump ðo[ections in excess of thirry-five (35) per calendar year and those in excess of ¡vo (2) cubic yãrds, the City will pay Contractor for such sen¡ices at the disposal cost per ton and àsiaulisheå hourly rate then in-effect for each fully-crewed vehicle employed in providing such service from the time the vehicle leaves the Contractor's facility until the time it retums there. g. Contractor will provide an annual neighborhood curbside clean-up collection service for single family residentiál customers once a year. This service will be limited to the equivalent of six 35- gallon refuse carts at the curb. Items must be bagged, bundled, boxed or containerized and iveigh less than fifiy (50) pounds per container. Items to be disposed must be at the curb, direãtry in front of the residence and must be away from parked cars and refuse carts. Items must be at tire curb by 5:00 a.m. on the customer's regular refi¡se service date. Contractor will noti$' all residents of a schedule indicating the dates of the clean up and provide instructions approved by City. This annual service is at no additional charge to all residential customers' Unacce,ptable items include dirt, concrete, liquids, toxic or hazardous materials, cathode ray tubes (CRT) and large heavy metals such as auto bodies and engines.

The following two services shall be provided to ali single famiiy residential customers to assist in helping tfie CitV of Lodi discourage illegal dumping and the accumulation of refuse:
¡ Contractor will provide each single family residential customer with one (i) "Transfer Station Voucher". These vouchers will allow each customer with the ability to bring to Contractor's transfer station a volume of up to two (2) cubic yardj of refuse per voucher at no cost. Voucher must be presented upon entance into transfer station. Unacceptable items include commercial waste, dirt, concrete, tires, liquids, toxic or hazardous materials, cathode ray tubes (CRT) and large heavy metals such as auto bodies, engines, transmissions, refrigerators and air- conditioners that still have CFC's.
r Contractor will provide at its t¡ansfer station an annual dump day. At this event residential customers within the city limits of Lodi may bring a car, pick-up or hailer (not to exceed two (2) cubic yards) load of refuse at a reduced transfer station fee. Proof of residency shall be required. Unacceptable items as defu-red above.
e Contractor shall get approval from City for the dates of the above services.

Contractor shall be responsible for all costs associated with the advertising and promotion of special services and activities within this agreement.

Contractor will provide transporting, marketing and processing of all collected Recyclable Materials. Contractor shall háve the full and exclusive right to all Recyclable Materials or salvageable material collected in con¡ection with the solid v/aste and shall have the exclusive right To any ñrnds realized from the sale o.f Recyclable Materials or salvaged materials.

Contractor wiil provide disposal services for City Street Sweeping debris and the Annual Fall Leaf Removal at no additional charge to the City. The following conditions will apply:
. Disposal is limited to twelve hundred (1,200) tons per year. r Leaves and street sweeping debris will be delivered by the City to the Contractor's Transfer Station and Contractor shall issue a weight tag to the City. h.
j.
k.
o.
p.
. Leaves must be free of contamination. The City will pay Cgntractor's regular disposal fee for loads that include contaminants in excess of l%o by weight or volume.
citv services. The contractor will service Refr¡se and Recycling containers designated for use at city buildings and properties throughout the city at no additional charge, so long as such containers are providJd fär City use. At the current time, the City has public containers at approximately ä0 locations as depicted on Exhibit tgl. If additional service is needed during the term of the Agreement, the contractor will provide collection of not more than 10 additional such Reñrse and Recycling containe¡s at no additional charge. The City will pay the Contractor for additional such côntainers in excess of that amount based on then current service rates for non-City services as established by the City' special coliection Events. contractor shall host four (4) coltection events per yeff to be conducted Uy u tlir+-p-urty vendor to collect e-waste and universal waste at Contractor's transfer station or alteåative permitted site within the city agreed to by contractor and city' contractor shall host one (1) collection event per year to be- conducted by a third-party vendor to collect household hazardous waste at contractór's transfer station or alternative site within the City agreed to by Contractor and City with San Joaquin County Public Works as the Sponsoring AgencY.

Additional Services. If City requests new proglams then Contractor shall provide such service ñgr"*r -ttttt" th" ¿ttt if reiuested Uy'tUe City, provided that the City provides in*eased rates and/or additional n "ai"g
at a levãl that is mutually agreeable to City .and Contractor' Conüactor shall noi te obliiated to institute any such new progftim until such time as contractor,s compensation is increased to provide the funding to support su9h n-ew progËms' The funding of any such new programs required by city of conhactor shall be determined by separate negotiated agreements between City an¿ Coottu.tot, consistent with the provisions of Section 7 of this Agreement.

Pro$am coordination. contractor understands and acknowledges that contractor is providing an integral part of î CitV serrice. Therefore Contractor shall cooperate with City and its citizens in carrying out thã basic task of collecting solid waste, except as provided herein' City shall have no role in Contractor's provision of solid waste service to any other jurisdiction' schedules. Routes. and Literature. contractor shall make available to city maps and schedules of collection routes ""d k*p *"h information current at all times' Contractor shall cooperate with the City to coordinate collection route schedules and City steet sweeping schedules' l. Maps and schedules of collection loutes shall be available to City not later than thify (30) calendar days prior to the initiation of collection operations or changes in operation.
q.

2. Maps and schedules of collection routes shall show the day(s) for regularly scheduled pickup for each route and area'

3. Not less than one week prior to beginning collection operations or changing routes or schedules that alter the day(s) of collection, Contractor at its expense, will so notify each customer affected. Notice shall be made to individual customers, inïriting and by pubiic notification by means of local news media.

4. When a scheduled collection day falls on a holiday (i.e., New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or christmas Day), Contractor may, at its option and upon notice to its customers by pubíication in a local newspaper of general _circuiation, collect either on the iloliday or on the day immediately prior to, or delay collection schedules one day.

Contractor may ahã have the option to reschedule collection to the Saturday before or afteithe holiday and provide written notice to each customer at least trvo (2) weeks in advance.

Care and Dilieence. Contractor shall exercise all reasonable care and diligence when collecting @therservicesasrequiredinthescopeofservices'Contractormustexercise due care so as to prevent spiiling, sõattering, or dropping of collected materials through collector activity and shall immedìateiy, at the time of occurrence' clean up such spillage, dropping or scattering.
euality of service provided by Conüactor shall be monitored and periodicaliy reviewed by òt r.
"Cont uctor shall maintain quairty of service. If City determines that Contractor's quality of service is not being maintainãd, tire City shali provide written notice of such failure to Contractor including a-description of the specific deficiencies identified by City and the action necessary to correcisuch deåciencies. If Contractor fails to corect these defrciencies within ten (10) ãays of receipt of such notice, such failure shall constitute cause for termination of the Agteement pursuant to Section 29 hereof'
place of Collection. The normal collection point for cart services shall be at the curbside' @lbeofferedatanadditiõnalcostasspecifiedinExhibitA,BandC.The ,ror*ãl collection point for container services will depend on property and business needs that meet City's plar:ning and 26ning laws and regulations'
Refuse Ouantities and Preparations. Customers will be limited in the amounts of solid waste previoussectionsandaspreparedforco1lectionasnoted
herein:

1. No single item, bag, box or bundle of refuse shall weigh more than fifty (50) pounai combined cart and contents, except for automated and commercial tn¡ck containers. Containers will be limited by type of materials and size of container, not by weight.

Z. Loose un-containerized refuse will not be serviced unless previous arrangements have been made with Confractor.

Section 6 BILLINGS AND PAYMENTS
a. Contractor agrees to pay the City an annual steet maintenance fee of $541,500 effective the first year of this agreemeni (January 7, 2O0g through December 31, 2009). The City shall bill Contractor in equal montlly payments and the City shall deposit in the steet fund, commencing January I, Z¡Oli. The street maintenance fee shali be increased by the same percentage amount by which Contractor's rates are inc¡eased pursuant to sections 7(b)' b. City shall, as part of its municipal utility billing system, bill regularly scheduled customers and collect puy-"rrt. from them fo¡ the refuse collection and transportation services provided by this Agreement. Contractor shall provide City with all necessary billing inforrration as soon as po-ssible but no later than the ðity's regularly scheduled billing date. City will furnish billing schedule to Contractor. City witt bill contractor $20,078.75 per month for billing services effective as of the date of this Agreement and may increase the amount up to the percentage increases shown in sections 7(b). lf city detennines to increase billing charge, city will notify Contractor of said increase thirty days before increase becomes effective. c. All solid waste se¡ices are mandatory to ensure adequate protection of public health and safety as provided by City Ordinance. Contractor shall provide mandatory solid v/aste collection, processing *d airporul services required under this Agreement for the rates set forth as attached hereto and incorpãrated herein as Exhibit A, B, C and D, as the same may be adjusted in accordance with Section 7. Rates for any non-mandatory services shall be established by Contractor.
d. City shall remit to Contractor each Friday, the net collections in the previous week after deducting from collections a 4.8% franchise fee. City hereby agrees to keep and maintain proper records of its collection hereunder and to make such records available to Contractor or its authorized agent for audit at any reasonabie time in the office of the Cþ of Lodi Finance DeParbnent.
e. Contractor shall set up a system of accounting to assure that ail accounts are in fact being served by Contractor with âpprðpriate refuse coliection, curbside recycling, neighborhood cleanup, green,waste collection, prócessing and other services being provided, as otherwise required by this Agreement.
f. contractor shall provide the field and office interface in Lodi with its custome¡s. Requests for service shall be made by customers through City. City shall maintain in writing documentation of all such account contacts on a daily basis so that appropriate customer billing and Contractor compensation may be facilitated.

Section 7 RATES
a. Rates collected for services shall be set forth in Exhibit A, B, C and D, subject to adjustment as provided in this Agreement. Additional services not in exhibits to be determined by Contractor. b. On April l, ZO0g, and on each armiversary thereof during tbe term of this Agreement, the rates shail ùe adjusted in a percentage amount equal to eighty percent (80%) of the annual change in the Consumer price Index for all Urban Consumers for San Francisco-Oakland-San Jose, California area, All Items (1982-84:100) published by the Bureau of Labor Statistics (the Index) for the twelve (12) month period ending December 31 of the preceding calendar year' c. In January of each year, Contractor shall send to Crty a revised rate schedule reflecting the new rates, as adjusted úy tne Index as provided in Section 7.b. City Council will act on rate adjustnents to be effective on April 1 of that year'
d. In the event the Consumer price lndex for all Urban Consumers for San Francisco- oakla¡d-San Jose, California area, All ltems (1982-84=100) is no longer published by the Bureau of Labo¡ statistics, contractor and city shall negotiate in good faith to agree upon a suitable replacement index reflective of the cost of living in the franchise area' e. Contractor may request and City may grant rate changes when contractor incurs increased costs due to a chanle in'federal, state or local laws, ruIes, regulations, ordiaances (other than changes in federal o, rtut" income tax laws) or extraordinary increases in fuel, landfill and energy costs. f. All extra and special charges are subject to City Review' g. All rate changes except the base rate in paragraph a. of this Section and the CPI adjustnaents in paragraph U. an¿ .. of thir Section (which have previously been subject to a proposition 2i8 þto"ã.r) shall be approved and adopted under the procedures set forth by Proposition 21 8' For Contractor-r"qo.rt"d rate changes, Contractor shall reimburse City for all costs incurred by City in connection with the Proposition 218 procedures'
Wf,at any time, a majority protest under Proposition 218 procedures precludes any rate '*:uá¡ormltrt deiermined to be appropriate by both City (which detennination shall not be unreasonably withheld) and Contactor to compensate Contractor for increases in costs as described in paragrapie. of this Section, Contractor shall be granted the option to negotiate with the City, in g-oodlaift, a reduction of services equal to the value of the rate increase request denied under prctest of Proposition 218 procedure"
Section 8 MATERIALS TO BE COLLECTED
The Contractor shall furnish all labor, supervision, material, permits, licenses, and equipment necessary io provide basic soiid waste, recyclable, neighborhood cleanup, yard and garden waste collection for occupants of specified dwelling units and business estabiishments within the City, as follows:
a. Residential and commercial Refuse, including properþ containerized residential and commercial refrrse and/or rubbish.
b. Residential and commercial Yard and Garden Waste, including grass clippings, weeds, brushes, brush clþings and branch clippings when properly containerized. c. Residential and commercial Recyclable Materials, properly containerized' d. Neighborhood cleanup disposables and Recyclable Materials. e. Illegal dump services
f. Contractor shall not collect toxic,
permitted to do so bY the State
Agreement.
g. Contractor may refr¡se to service a location as specified only when refuse contains illegal materials or is not placed in approved containerization or located in the required pickup area. h. Contractor shall discontinue solid waste sen¡ice at any location as set fo¡th in a written notice sent to it by City. Upon further notification by City, Contractor shall resume collection service on the next regulariy scheduled collection day'
i. All containers will be returned to their proper location after dumping.

Section 9 COLLECTION CONTAINERS
All materials to be collected shall be piaced in City approved containe¡s by customers.

SECtiON I.() RUBBISH TOO LARGE OR TOO HEA\ry F'OR COLLECTION Items too large or heavy for proper containerization such as bundles of brush and b¡anches, heavy earthen materials and other large items that are out of the scope of normal services will be collected for a negotiated price with the customer. If customer requests such special service, these special services will be scheduled outside of the normal collection schedule' Section 11 NOTIFICATION
ln the event the residents shall place items for collection that are too large or otherwise unsuitable for loading into packer equipment, ôr otherwise misuse the collection service, the Contractor will notifu the customer by a tag system approved by City as follows:
. Contractor shall provide an opportunity for the customer to correct the deficiency. Contractor will contact the customer by telephone and provide a minimum of ¡¡¡o (2) tags reminding customer of the problem, but still provide the collection service. ¡ On the third tag, Contractor shall give the customer notice of the reasons for refusing to collect, citing the apprãpriate reasons theiefore. A special charge will be assessed to the customer for servicing of container if problem is not resolved'
or hazardous r¡/aste unless and under such conditions as Health Department, except as expressly required by this 10 . The notice shall be given by means of a tag no smalier than 3" X 7" securely fastened to the container or article not collected.

Section 12 INDUSTRIAL COLLECTION
contractor may provide industrial refuse collection services in the city of Lodi in accordance with city Municipal Code.

Section L3 TIME OF COLLECTION
Contractor shall not commence coilection of solid v/aste in residential a¡eas prior to 5:30 a'm' and 5:00 a.m. in commercial areas or continue collection after 6:00p.m. All collections shall be made as quietly aslossiute, and conform to any Federal, State, County or City noise level regulations' Section 14 COMPLAINTS
a. Contractor will receive and handle all complaints. Upon receipt of the complaints, Contractor shall investigate and resolve the complaint with the complainant. Contractor shall keep a record of all complaints and forward to iity on a quarterþ basis' Should Conhactor not render collection service within forty-eight (¿8) hours after a missed collection compiaint is reported to its authorized representative, CiÇ may make whatever arrangements are necessalY, in its opinion to provide the cãilection service. Cãntractor will reimburse the City for all costs, charges and damages incurred by City, together with the costs of completing the work and all such costs may be charged againsiuoy'*oii., due or r¡'hich may become due Contractor. Contractor shall identiff and cãntact complainant to alleviate the condition causing the complaint. b. city shall notify contactor of any complaint reported to city. It shall be the duty of contractor to take whatever reasonable steps may b" o"""ssury to remedy the cause of the complaint within forty-eight (48) hours after initial receipt and notify City of its disposition' Section 1.5 DISPOSAL SITE DESIGNATION
a. All refuse coliected in the Se¡¿ice Area shall be transported by Contractor to an approved disposal site. Loads taken to disposal sites will be accounted for by weighing and paid fo1 by contractor at the then current rate. Contractor shall follow all estabiished rules and regulations when operating on any disposal site. Contractor's operators shall foilow all directions given by ttre landfill spotter when delivering solid waste material. b. Contractor may haul waste coilected under the terms of this Agreement to contracto¡'s Transfer Station. contiactor shall be required to weigh all loads collected in the City and hauled to the Transfer Station. Conüactor will keep track ãnd maintain the records of tonnages hauled to and transferred from the Transfer Stationby type, (i.e., refuse, recyclable materials and green waste)' Except for materials retained for recycúng, Contractor shall transport collected refuse to the North County Sanitary Landfill for disposaior to such other disposai sites as Cþ may from time to time designate.
11 Section 16 COLLECTION VEHICLES
a. Contractor shall provide and maintain during the entire period of this Agreement a fleei of modern packer-tfre collection vehicles sufficient in number and capacity to efficiently perfonn the work and rende¡ the services required of Contractor by this Agreement- Contractor shall provide evidence satisfactory to City of its ability to fumish adequate backr'rp vehicles and personnel.
b. Each collection vehicle shall be kept in a sanitary condition, good appearance and good repair at all times. City reserves the right toìnspect Contractor's collection vehicles at any reasonable time to ascertain said condition.
c. The noise level for the collection vehicles during the stationary compaction process shall meet curent State and local standards.
d. Each truck at all times shall be equipped with a shovel and a broom or rake, intended for the collection of spilled refuse. eil vehicles shall be equipped with spill kits to be used in the event of a spill and tã prevent fluids or oils from flowing into storm-water drains' e. Contractor's vehicles and other equipment must be clearþ identified with the name and phone number of contractor's office on each side of the equipment. f. Contractor shall furnish to City upon request a list identifying all equipment to be used in ñrlfilling this agreement and notiff City of any additions or deletions' g. Contractor,s primary fleet of compactor collection.vehicles shall not exceed eight years (8) in ageduring the term of this agreement, without the city's consent.

Section 17 LAWS TO BE OBSERVED
Contractor shall at all times observe and comply \¡/ith all Federal and State laws, local laws, ordinances' orders, rules, and regulations of the Federal, State, County, or local govenrments' SCCtiON 18 FAMILIARITY \MITH LAWS AND ORDINANCES
The signing of this Agreement shall be considered as a representation that Cont¡actor is familiar with all Federai, sãte, and lo-cal laws, ordinances, and regulations which affect those engaged or employed in the woik, or equipment used in the work or which affect the conduct of the work; and, no plea of misunderstanding will be considered on account of ignorance thereof' Section 19 TAXES
Contractor shall pay all applicable Federal, State and local taxes, 12 Section 20 INSURANCE
contractor shall secure and maintain through out the duration of this Agreement, insurance of such types and not less than amounts as hereinafter iisted'
a. Workman,s Compensation. Contractor shall carry with a company authorized under the laws of the State of Caúfornia, a policy to protect Contractor against liability under the 'Workman's Compensation and Occupational Disease Statues of the State of California' b. Vehicle Liability Insurance. Contractor shall carry, in Contractor's own name, a policy under a comprehensive iorm to insure the entire vehicle liabiiity for contractor's operation with limits of not less than $5,000,000 combined single limit auto liability. The policy shall be primary and name City, its Elected Officials, Officers, Agents and Employees as additional insureds with respect tothe operation of vehicles owned or operated by the Contractor while perfomring work under the terms of this contract'
c. General Liability. Confactor shall file with City and maintain on file throughout the term of this contract a comp'rehensive liability insurance policy issued by a company duly authorized to do business in the State of California, insuring both City and Contractor, with respect to the work performed by Contractor under the terms of this Agreement in an amount of not less then $2,000,000.00 each occurrence combined single limit for injury or death to persons and for damage to ProPertY.
d. A certificate of Insurance naming City, its Elected Officials, Officers, Agents and Employees as additional insured shall be filed rvith tu" Citv for each policy. Each certificate must be presented in a form and with provisions subject to the Risk Managers approvai' e. Regardless of such approval by City, it shall be tle responsibility of Contactor to maintain adeþate insurance coverage at ail iimes, and its failure to do so shall not relieve it of any contractual obligations or iesponsibility. Failure on the part of Contractor to maintain these insurance policiãs in fulI effect will be considered as a failure in Agreement performance and will be treated as such bY CitY.

Section 21 CONTRACTOR TO INDEMNTTY CITY
13 contractor shall indemnify and save harmless city, its Elected officials, officers, Employees and Agents from any and all claims, suits, or actions made or brought against the city, its ofücers, employees and agents for any and all injuries or damages, including, but not limited' attorney's fees and costs, experts,fees and costs, and consultants'fees and costs incurred by City in the defense ofany such claim, suit or action, whici results from or is caused by the negligent acts oI willful misconduct of Contractor or its agents or subcontractors in doing the work and rendering the services provided for by Ai, e$."*ent, excluding injuries or damages to the extent that they are caused by the negligent acts or wiliful misconduct of ciú or its emptoyrÃ, agents, subcontractors or elected ofücials' The extent of Contractor,s liability under this section rnun-ooì exceed the amount of Contractor's proportionate share of fault.

Section 22 PERMITS
The contractor shall obtain, at its own expense, all permits and licenses required by Federal, state, and local laws or ordinance and maintain same in full force throughout the term of this Agreement' SCCtiON 23 PERSONAL LIABILITY OF PUBLIC OFFICIALS
Neither the city council of Lodi nor ¿my officers, employees or agents shall be personally responsible -15f*y
[ability u¡ri"g under or growin! out of this Ãgreement or operations of contractor under the terms of this Agreement.

Section 24 CITY NOT LIABLE FOR DELAY
It is further expressly agreed that in no event shall cit-v be liable or responsible to contractof or to any other person for or on aãcount of any stoppage or delay in the work herein provided for by injunction or other legal or equitable proceedings frled by p"rtont not a party to this Agreement' or from or by or on ur"orrot-of any delay foicause over which City has no control.

Section 25 PUBLIC COI\TVENIENCE AND SAFETY
contractor shall obserr¡e City ordinances relating to encroachments, obstructing streets, keeping aileys or other rights-of-wuy op"r, and protecting same, and shall obey all laws and city ordinances controlling ãr ü:dting those engag"ã in tl" work. conhacto¡ is granted the right of using the streets or alleys for the purpose'of doing ltre wort specified in this Agreement, but is not granted exclusive use of such streets or alleys. contraãtor shall handle the work in a manner that will cause the least possible inconvenience and annoyance to the general public and to the properfy ortrners consistent with Contractors reasonable operational requlements. There is hereby resen¡ed to City, every right and po*o which is required ìo be herein ieserved or provided by any ordinance o¡ charter of city, and contractor agrees to be bound thereby and to comply with any action or requirements of city in its exercise of such rights or power, herstofore or hereãfter enacted or established. The awarding of this Agreement u, prolrid"d for herein, shall not constitute a waiver or bar to the exercise of any goî"**"otul right of city. No right or exemption shall be granted to contractor except those specifically Prescribed herein.
14 Section 26 EXAMINATIoN oF TI{E SITE oF TI{E \iloRK
By the signing of this agreement, Contractor represents that it has carefully examined the collection ,""tor, Urã aisposal sites, and that Conüactor is fully informed concerning the requirements of this À$"em"nt, thå physical conditions to be encountered in the work, and the character, quality and the q":*ttay of sen¡icq to be performed, and of materials and equipment to be fumished. Negligence or inauenúon of Contractot io d.t"r.iting site conditions prior to signing the contact, in any phase of its p"rfor-ance of the work, shall be grounds for refusal by the Cify Manager to agree to additional iompensation for additional work caused by such negligence or inattention- Section 27 VERBAL AGREEMENTS
No verbal agreement or conversation with any of{icer, agent or employee of city, either before or after execution oi mi, Agreement, shall affect or modify any of the terms or obligations contained in this Agreement. Any srich verbal agreement or conversation shall be considered as unofficial information and in no v/ay binding upon City or Contractor'
Section 28 ASSIGNMENTS AND SUBCONTRACTING
No performance to be rendered or payment due under this Agreement may be assigned or transferred, and Contractor shall not subcontract any work hereunder other than those specified in this agreement, *ltfro,r, the prior written approval of the City Council. Such assignment or subcontract will not be unreasonably withheld by the City Council.

Notwithstanding the foregoing, Contractor shall have the right upon u'ritten notice to the City Council to Lrrgug" in reorgênizations, mergers, consolidations o¡ similar transactions between or among entities owned by the same direct or indirect parent entity'
SCCtiON 29 BREACH OF CONTRACT'TERMINATION TVITH CAUSE
a. If Contractor fails to provide the solid waste, recycling, neighborhood cieanup, and green waste services required by this Agreement for a period in excess of five (5) consecutive, scheduled working days, otheithan by ieason of Force Majeure, City may take the following actions:
i. At its option, take possession of all of Contractor's equipment and facilities used in the performance of this Agreement.

Z. Employ such means as it may deem advisable and appropriate to continue work until the matter is resolved and Contractor is again able to carry out its operations under this Agteement.

3. Charge any and all operating expenses incured by City against any money then due or to become due Conhacfor and, should the City's cost for continuing the operation exceed the amount due Contractor, collect the amount due from Contactor and also to assert a lien on all properties of Conüactor.
15 4.Duringsuchperiod,theliabilityofCitytocontractorforlossordamagetoequipment and facilities so used shall be that of a bailee for hire, ordinary wear and tear being specifically exempt from such liability'
b. In the event contractor shall be adjudged bankrupt under chapter 7, either by voluntary or involuntary proceedings, then this AgreJment shaillmmediately terminate and in no event shall this Agreement be, or be treated as, an asset of contractor after adjudication of bankruptcy' c. Failure to perform any material part of this Agreement, other than by reason of Force Majeure, shall be considered a breach of this Agreemeit. should-contractor fail to perform any of this Agreement,s material obligations, other"than by reason of Force Majeure, city may in its option terminate this Agreement ãfter the lapse of the applicable cure period' d. In the event of termination of this Agreement for breach, default, or bankruptcy as specified above, city sharl have the right to rãrawitn .uke possession of all contractor's equipment, facilities, and records used in the performance of this cont.act' l.Cityshallhavetherighttoretainpossession.ofsaidequipment,facilities,andrecords until other such items can be acquired by City for operation of the system or another Contractor is engaged to perforrr the service'

2.cityShauhavetherightatitsoptiontopurchaseContractor'sequipmentandfacilitiesat the fair market value thereof'

3. city shall pay contractor tt¡e reasonable rental r'alue of such equipment' faciiities during the time the same are used UJ City. Liability of City to Contractor during this period shall be that of a bailee for hire, ordinary wear and tear specifically exempt from such liabilitY.
e. cify hereby expressly retains the right to terminate.this Agreement with cause prior to the expiration of the fuli tenn of this e!t"t-*1' Terminatiot *uy be effectuated by service of notice upon Contractor, in writing, -of City's intent to -terminate' Service of the notice to terminate shan be deemed to have been madl five days after the date of mailing of the notice to- contractor by city. Nothíng contained in this Agleement shall be construed to affect the right of city to terrlinate'ttd, eg."e;ent fo1 cause of brãach of contract. contractor and city may agree' upon mutually satisfacõry terms, for the termination of all or any part of the business of this AgreementpriortotheexpirationoftheterurofthisAgreement. f. criminal conviction. In the event any contract Tanag:r, officer or di¡ector of contractor is convicted of fraud, bribery or attempteå UtiU"ty of a public officer or employee' embezzlement' extortion, racketeering, faise claims, false staiementt, fotg"ry or any- similar felony involving business dishonesty, öontracto6há1 promptþ terminalt fro* employment or remove from office tt " "on.ri"ieã
employe., ofü""t o, ¿iteðtot and eliminate the ability of such employee' officer or director to manage, supervise or influence the decisions or actions of the Contractor or anyparentcompanyofcontractor.Ifcontractorfailstocomplywiththeforegoingobligation' t6
Contractor may be considered in breach of this Agreement and City may terminate this Agreement at iity's option as provided in this section' g. Force Majeure. The performance of this Agreement may be discontinued or temporarily suspended in the event ãf Force Majeure. Contractor.shall not be deemed to be in defauit and shall not be liable for failure to p"ifot* under this Agreement if conhactor's performance is prevented o,. ãrfuyro by Force Májeure. The Parties agree that ttre settlemenl of strikes, lockouts or other industrial disturbances, and litigation, incháing appeals, shall be entirely within the discretion of Contractor, and Contractoräay make settlement thereof at such time a¡d on any such terms and conditions as it may deem to be advisable, and no delay in making such settlement shall deprive Contractor of ttre benefit of this Section. "Force Majeure" means acts of God includinl r*ärri¿es, lightning, forest fires, storms, floods, fieezing and earthquakes, civil disturbances, strikes, lockouts ot õth"t industrial disturbances, acts of the public eneTY, YTsl blockades, public riots, explosions, govenrmental restraint or other causes, whether of the kind enumerated or otherwise, which urá íot reasonably within the control of the parly affected by the Force Majeure event.
h. cure. Except for the occulÏence or existence of Force Majeure, in the event of any material failure or refusal of Contractor to comply with any obligation or duty imposed on Contractor under this Agreement, Contractor and ðity ruutt meet and confer in good faith in an effort to agree on a re-solution and cure of the breaðh. If the parties are unable to agree on the informal resolution or cr¡re of the breach, City shall have the right to terminate this Agreement upon written notice to Contractor it following such informal meeting: (i) the City shall have given written notice to Confiactor specifying tñe particutar default or defauits which, unless corrected, constitute a material breach of tuis añeemånt on the part of Contractor, and (ii) Contractor shail have failed to cure such default or dãfaults within ttri¡r¡ (30) calendar.days thereafter or, if the breach or default cannot reasonably be cured witirin such period and if dìligent efforts to cure promptly coÍtmence, then the cure period sþlt co3trrye as long as such diligent efforts to cure lontinuè, but not beyond a period ofninety (90) calendar days.

Section 30 NON-DISCRII{INATION IN EMPLOYMENT
cont¡actor, in performing under this Agreement, shall not discriminate against any worker, employee or applicant, or any *"*U.î of the publi. br"u,.tr" of race, creed, color, religion, sex or national origin' nor otherwise commit an unfair employment practice. contractor will take afFtm¡ative action to ensure that applicants are employed, and that emptof"e, are dealt with during employment without regard to their race, creed, color, religion, sex oI national origin. such action shall include, but not be limited to the following: employment, upgrading, demotion õr transfer; recruitment or recnritment advertising; layoff or termination; rates ;f ñt o, ãt ", ro*r of compensation; and seiection for training, including apprenticeship. contractoi further agrees that this clause will be incorporated in all subcontracts entered into with suppliers of services, ana át hbor organizations furnishing skilled, unskilled and union labor, o, *Uo mayterform any such labor or service in connection with this contract' Section 31 EMPLOYEES
17 a. All subcontractors, superintendents, foremen, and work¡nen employed by contractor shall be competentandcarefulworkmenskiliedintheirrespectivetrades, b. contractor shall not employ any person who repeatedly engages in misconduct or is incompetent or negligent in the due and proper performance of its duties' c. contractor shail enforce a policy which prohibits an employee frombeing under the influence of' intoxicated by, or otherwise impaired
-by
drugs and/or aicohol while on duty or on company
propef¡/.Anyemployeewithapositivedrug/alcoholscreenwillbesubjecttotermination' d. Empioyees driving contractor's vehicles shall at all times possess and carry an appropriate and valid vehicle opeiator's license issued by the State of California' e. contractor,s employees, officers, agents and subcontractors shall, at no time' be allowed to identify themseives or in any *uy r"lr"rent themselves as being employees or agents of City' f. All persons empioyed by Conuactor to collect refuse shall be required to wear clean unifomrs when on duty. Uniforms sLa[ bear a distinctive logo identiSing the wearer as an employee of Contractor.

Section 32 CLAIMS
contractor shail pay au just ciaims for the payment of employee and other rabor, furnished materials service and equipment, rentals, disposal an¿ àliot¡er op.tæitg expenses associated with and complying with the tenns of this Agreement'
Section 33 INDEPENDENT CONTRACTOR
a. All services delivered by contractor under this Agreement shall be provided under the coordination of city. It is understood and agreed that contractof is an independent con'factor and that no relationship of empioyer-employee exists between city and contractor hereto' contractor hereby ugr"", to holdbitv narmi"ss from any and all ciaims that may be made against City, its Elected Ofrcials, Officers, Employees. of Agents based uPo-n any contention by any mid patty that an employer-employee reiationship exists by leason of this Agreement' b. It is further understood and agreed by the parties hereto that contractor in the performance of its obiigations hereunder is subjéct to tire control or direction of City merely as to the result to be accomplished by the ser"r¿ices hereunder agreed to be rendered and perfonned and not as to the means and methods for accomplishine the-results. No permiued 9r re-eu1ed approval.-b-v 9ity:f Contractor pursuant to this Agreement shall be construèd as making the Cify responsible.for the manner in which Contractor perfonns its services or for any acts, elÏors or omissions of contractor, ,*h upprol,als are ìntended only to give City the right to satisfy itself with the cost and status of work performed by Contractor'
c. If, in the performance of this Agreement, contractor employs any third persons, such persons shall be entirely and exclusivelyînderthe direction, supervision and control of Contractor' All 18 teflns of employment, including hours, l¡/ages' working conditions, discipline, hiring and discharging or any other tenns oi employment, or requirements of law, shall be determined by Contractor, ana City shall have no right or authority over such person or the terms of such employment, except as provided in sections 6 and 20 of this Agreement' d. It is further understood and agreed that Contractor shall issue 'W-2 Forms for income and empioyment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

Section34coNsTRUcTIoNANDINTERPRETATIoN
It is agreed and acknowledged by the parties hereto that the provisions of this. Agreement have been arrived at through negotiatiõn, and that-each of the parties has had a fult and fair opporrunity 'o
tsvise
the provisior* olt¡ir-¿.greemánt and to have such piovisions reviewed by legal counsel' Therefore, the nonnal rule of construcltion that any ambiguities are to be resolved against the drafting parly shall not apply on construing or interpreting this Agreement'
Section 35 \ilAMR
The waiver at any time by any parlry of any of its rights with respect to a default o¡ other matter arising in connection with trris alreement;hail oót b" deemed a waiver with respect to any subsequent default or other matter.

Section 36 SUCCESSORS AND ASSIGNS
This Agreement shall bind and inure to the benefits of the respective successors and assigns of the parties.

Section 37 TIME
Time is of the essence in the perfonnance of each and every term of this Agreement' Section 38 TERM OF AGREEMENT
a. The te¡m of the Original Agreement commenced on April 7,2002. The term of this Agreement shall commence and become effective on January I,2009 '(the "Commencement Date") and shall tenninate on December 3I,2016,the eighth anniversary of the commencement Date. b. Contractor shall have the option to renew this Agreement once, for an additional seven years by giving the City notice there-of not later than the seventh anniversary of the Commencement Date' Thereafter, ui tn, City's option, with Contractor's conculTence, this Agreement shall be renewable for successive seven-year increments by giving the Contractor notice of renewal not later than 18 months' prior to the expiration of the then existing term' c. At the end of the term of this Agreement, if City implements aitemative service programs in the Contractor Service Area, Contráctor shall have no financial claim against City of any type or T9
,/
i,/
.,.,/
"#?il
7 atnount. contractor specifically acknowledges and understands in this regard that contractor shall provide the required services under thiJ Agreement, during the term of this Agreement' at the herein agreed compensatioo, äãîoìo *¿ri circumstances,where, despite having provided quality service to City, the Agreement may expire as provided above, at which point City would have no re,lnaining financial, l"guior ãtuär oüugation to tbe contractor and contractor would have no.*på"otiãns of a:ry *rh futthrt obligation on the part of city.

Section 39 NOTICES
Notices concenring this Agreement shall be deemed to have been seryed when deposited in the united States Mail, fi¡st class pottãgt prçaid, and addressed as follows:

This Agreement constihrtes the sole, ûnal, complete, exclusive, integrated expression a¡d statement of t'¡e terms and conditions of this Agreement and-understanding betrween city and contractor concenung the subject -un.r--uãaressed hãrei",'ãJ-r"persedes 1u- prior negotiations, rq)resentations, or agreements, written o, oi¿, relating to A. t"U¡-"å *{to of this Agreement' This Agreement shall not be considered modified, artered, changed or adended in any ,rspr.t.roless in writing and signed by both parties hereto. Tlrtr;grr"*rot maLe amenaea from time tô time by mut'al agreement of Cþ and Contractorl Ðd, *rtU at" consent oi Contractor, but at the sole, independent election of the Lodi City Council to do so, maY be renewed'
IN ï'ITNES5 ryHEREoF, the parties hereto have executed this agreement the day and year fust above written.

To CitY: Blair King
CitY of Lodi
CitY Manager
221 ÏVest Pine Street
Lodi, CA 95240
Section 40 ENTIRE AGREEMENT
By:

Printed n
USA WASTE OF CALIFORNIA, INC., DBA
ðñrn¿r, vALLEY'wasrE sgRvrcps
To Contractor:

Central ValleY'Waste Services
PO Box 241001
Lodi, CA 95241'9501

CITY OF LODI
Approved as to Form:

Blair Kiag, CitY M
Title: Market Area Vice President
20 LI
Addendum to Solid Waste Franchise
This Agreement is made and entered into as of April 7,2010, by and between the City of Lodi, a municipal corporation, hereinafter called "City," and USA WASTE OF CALIFORNIA, lNC., dba CENTRAL VALLEY WASTE SERVICES, hereinafter called "Contractor," both of whom agree as follows:

REGITALS:

The parties entered an Amended and Restated Agreement for Solid Waste Collection, Recycling and Green Waste Collection and Processing Services in the City of Lodi dated July 7,2008, as amended (the "Contract").

The parties desire to amend the contract to provide Contractor with one additional option to extend the Contract on the terms provided herein
NOW, ïHEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:

1. Grape Bowl Payment:

Contractor will pay the City $1,000,000 in payments to be used by the City for Grape Bowl renovations. Contractor will make its initial payment to City on or before July 1, 2010 and Contractorwill paythe remaining $900,000 in 84 equal monthly installmentsof $10,714.29 with the first monthly payment due January 15, 2011 and subsequent monthly payments due on the same day in the following 83 months. lf the scheduled due date for the monthly payment is not a business day, then the due date will be de_iqyed qntLl Lhe ¡ext þq:sinesq d?y. Tþ9 City will bLtl Cg¡traclor for the i¡i!¡91 and monthly payments, and the City will deposit the payments in its Grape Bowl Renovation Fund Account. Contractor's payment obligations will cease if the Contract is terminated.

2. Renewal Option:

The Parties hereby amend Section 38(b) (Term of Agreement) of the contract to insert the following sentence in between the first and second sentences:
"Contractor shall have the unilateral option to renew this Agreement one additional time after exercising the first option set forth above.

Contractor's second unilateral extension option will be for an additional term of seven years commencing January 1, 2024 and ending December 31, 2030, which Contractor may exercise by giving the City notice thereof not later than December 31 ,2022.'

3. lndustrial Waste Haulers Permit:

The parlies agree to add the following new term to the contract:
"subsequent to January 1,2018, the Contractor will provide reasonable support to the City in its effort to implement an lndustrial Waste Haulers Permit Fee structure with a fee of up to $100,000.00 for a permit term of five years. The permit fee would be non-refundable and non-transferable.

The permit to haul lndustrial Waste would be valid within the incorporated EXHIBIT "B"
city limits of Lodi. lndustrial Waste Hauler permittees would obtain, at their own expense, all permits and licenses required by Federal, State, and local laws and ordinances and maintain same in full force throughout the term of the permit. This paragraph establishes Contractor's agreement to cooperate in the establishment of such a permit and does not obligate the City to establish a permit on these or any other terms.

4. CustomerSatisfaction Condition:

The parties agree to add the following new term to the contract:
"As required by Section 5. q. of the Contract, Contractor shall maintain quality of service throughout the term of the agreement. When the Contractor exercises a renewal option under Section 38(b) (as amended above), Contractor shall submit a report to the City that will include quantitative measurements (for example, based on surveys, third-party studies or internal quality control programs) of the quality of Contractor's performance for significant customer service metrics and other contractual obligations. The City and Contractor shall address and resolve any performance deficiencies that may be identified in the report in the manner described in Section 5.q."

5. Other Terms Unchanged:

Except as described above, the other terms and conditions of the Contract shall remain in full force and effect and be binding on the parties' lN WITNESS WHEREOF, the City Manager and Contractor have signed this Agreement as of the day and year first above written.

CITY OF LODI, a municipal corporation USA WASTE OF CALIFORNIA, DBA

CENTRAL VALLEY WASTE SERVICES
/ ?;= ..o¡,--- -- - _-.
ela¡r King - i
City Manager ' --'
Approved as to Form:

Randi Johl
City Clerk
City Attorney
EXHIBIT "C"

EXHIBIT "D"

CITY OF LODI

MULTI-CART CURBSIDE REFUSE RATES
EFFECTIVE APRIL 1, 2023 THROUGH MARCH 31, 2024
Services Offered
Current
Monthly
Rate
Adjustment
New
Monthly
Rate

1. 64 GALLON REFUSE CART 1X PER WEEK (35 Gal Legacy Rate) 1 Refuse Cart $30.60 $5.00 $35.60
2 Refuse Carts $76.48 ($5.28) $71.20
3 Refuse Carts $122.37 ($15.57) $106.80
4 Refuse Carts $168.31 ($25.91) $142.40

2. 64 GALLON REFUSE CART 1X PER WEEK
1 Refuse Cart $46.06 ($2.00) $44.06
2 Refuse Carts $115.04 ($26.92) $88.12
3 Refuse Carts $184.01 ($51.83) $132.18

3. 96 GALLON WASTE CART 1X PER WEEK
1 Refuse Cart $100.37 ($51.31) $49.06
2 Refuse Carts $200.76 ($102.64) $98.12
3 Refuse Carts $301.14 ($153.96) $147.18

4. DUPLEX AND MULTI-FAMILY, AND MOBILE HOMES
Monthly rate is reduced one (1) dollar from above base rates ($1.00) $0.00 ($1.00)

5. 64 GALLON REFUSE USER 1X PER WEEK* (LEGACY 20 GAL LOW VOLUME)

6. 35 GAL SENIOR FIXED INCOME** $0.00 $0.00 $30.60

7. ADDITIONAL 64 GALLON RECYCLING CARTS
Second and Third Recycling Cart $0.00 $0.00 $0.00
Fourth and Each Additional Cart $16.54 $0.00 $16.54

8. ADDITIONAL 96 GALLON YARD AND GARDEN CARTS
Second and Third Yard and Garden Cart $0.00 $0.00
Fourth and Each Additional Yard and Garden Cart $16.54 $0.00 $16.54

9. BACK YARD SERVICE**
Monthly service charge $16.95 $0.00 $16.95
Qualified Disabled $0.00 $0.00 $0.00

10. Overage - Waste, Recycling, and Organics Residential Carts*** Incidents 1 and 2 $0.00 $0.00 $0.00
Incidents 3+ $0.00 $12.38 $12.38

11. Contamination - Recycling, and Organics Residential Carts*** Incidents 1 and 2 $0.00 $0.00 $0.00
Incidents 3+ $0.00 $15.02 $15.02
Notes:
*Applies to Single Family Dwellings Only
**Qualified and approved by City of Lodi Utility Department ***MSW cart may be automatically upsized after 3 incidents within a six (6) month period.

EXHIBIT "E"
# OF
CONTAINERS 1 X WK 2 X WK 3 X WK 4 X WK 5 X WK 6 X WK
1 $159.98 $297.61 $681.94 $1,230.74 $1,943.97 $2,821.63 2 $254.19 $463.74 $969.26 $1,672.16 $2,572.40 $3,669.95 3 $348.35 $629.77 $1,256.52 $2,113.53 $3,200.77 $4,518.23 4 $442.50 $795.83 $1,543.84 $2,554.93 $3,829.18 $5,366.57 5 $536.72 $961.90 $1,831.13 $2,996.38 $4,457.64 $6,214.80 6 $630.91 $1,127.98 $2,118.39 $3,437.80 $5,085.97 $7,063.11 7 $725.10 $1,294.11 $2,405.70 $3,879.19 $5,714.36 $7,911.41 8 $819.28 $1,460.11 $2,693.04 $4,320.53 $6,342.77 $8,759.72 9 $913.44 $1,626.26 $2,980.32 $4,761.98 $6,971.21 $9,608.01 10 $1,007.67 $1,792.31 $3,267.58 $5,203.38 $7,599.58 $10,456.24 # OF
CONTAINERS 1 X WK 2 X WK 3 X WK 4 X WK 5 X WK 6 X WK
1 $233.13 $439.35 $909.14 $1,554.62 $2,375.81 $3,372.64 2 $395.84 $738.20 $1,396.63 $2,265.99 $3,346.12 $4,637.15 3 $558.64 $1,036.97 $1,884.23 $2,977.40 $4,316.50 $5,901.64 4 $721.43 $1,335.84 $2,371.75 $3,688.78 $5,286.96 $7,166.15 5 $884.20 $1,634.52 $2,859.25 $4,400.16 $6,257.28 $8,430.63 6 $1,047.01 $1,933.38 $3,346.70 $5,111.59 $7,227.68 $9,695.18 7 $1,209.81 $2,232.20 $3,834.33 $5,822.93 $8,198.02 $10,959.60 8 $1,372.54 $2,531.02 $4,321.84 $6,534.33 $9,168.41 $12,224.18 9 $1,535.37 $2,829.82 $4,809.36 $7,245.71 $10,137.69 $13,488.64 10 $1,698.14 $3,128.57 $5,296.90 $7,957.08 $11,110.84 $14,753.16 # OF
CONTAINERS 1 X WK 2 X WK 3 X WK 4 X WK 5 X WK 6 X WK
1 $296.75 $562.30 $1,091.30 $1,795.94 $2,676.34 $3,732.42 2 $523.21 $983.95 $1,760.92 $2,748.67 $3,947.29 $5,356.73 3 $749.68 $1,405.70 $2,430.59 $3,701.43 $5,218.25 $6,981.01 4 $976.11 $1,827.39 $3,100.25 $4,654.15 $6,489.20 $8,605.33 5 $1,202.59 $2,249.11 $3,769.89 $5,606.97 $7,760.21 $10,229.64 6 $1,429.07 $2,670.76 $4,439.53 $6,559.68 $9,031.10 $11,853.94 7 $1,655.51 $3,091.97 $5,109.17 $7,512.38 $10,302.04 $13,478.26 8 $1,881.98 $3,514.17 $5,778.86 $8,465.11 $11,573.03 $15,102.55 9 $2,108.43 $3,935.92 $6,448.54 $9,417.87 $12,843.98 $16,726.86 10 $2,334.90 $4,357.59 $7,118.15 $10,370.60 $14,114.90 $18,351.11

CITY OF LODI

CONTAINER RATES
EFFECTIVE APRIL 1, 2023 THROUGH MARCH 31, 2024
New Monthly Rates
WEEKLY SERVICE - ONE (1) CUBIC YARD CONTAINER
WEEKLY SERVICE - TWO (2) CUBIC YARD CONTAINER
WEEKLY SERVICE - THREE (3) CUBIC YARD CONTAINER

EXHIBIT "E"

CITY OF LODI

CONTAINER RATES
EFFECTIVE APRIL 1, 2023 THROUGH MARCH 31, 2024

# OF
CONTAINERS 1 X WK 2 X WK 3 X WK 4 X WK 5 X WK 6 X WK
1 $360.46 $685.17 $1,273.44 $2,037.36 $2,976.96 $4,092.24 2 $650.58 $1,229.78 $2,125.18 $3,231.41 $4,548.48 $6,076.39 3 $940.72 $1,774.43 $2,976.99 $4,425.57 $6,120.02 $8,060.48 4 $1,230.90 $2,319.06 $3,828.81 $5,619.67 $7,691.62 $10,044.56 5 $1,521.01 $2,863.65 $4,680.55 $6,813.74 $9,263.17 $12,028.73 6 $1,811.19 $3,408.30 $5,532.39 $8,007.83 $10,834.66 $14,012.84 7 $2,101.36 $3,952.94 $6,384.22 $9,201.97 $12,406.17 $15,996.95 8 $2,391.55 $4,497.56 $7,235.99 $10,396.03 $13,977.72 $17,981.10 9 $2,681.67 $5,042.17 $8,087.76 $11,590.16 $15,549.32 $19,965.20 10 $2,971.88 $5,586.80 $8,939.54 $12,784.22 $17,120.83 $21,949.29 # OF
CONTAINERS 1 X WK 2 X WK 3 X WK 4 X WK 5 X WK 6 X WK
1 $424.11 $808.08 $1,455.57 $2,278.66 $3,277.57 $4,452.04 2 $777.97 $1,475.58 $2,489.54 $3,714.21 $5,149.68 $6,795.95 3 $1,131.79 $2,143.16 $3,523.44 $5,149.66 $7,021.83 $9,139.95 4 $1,485.64 $2,810.70 $4,557.40 $6,585.12 $8,893.92 $11,483.89 5 $1,839.55 $3,478.27 $5,591.26 $8,020.59 $10,766.07 $13,827.81 6 $2,193.33 $4,145.77 $6,625.27 $9,456.05 $12,638.23 $16,171.73 7 $2,547.24 $4,813.30 $7,659.17 $10,891.56 $14,510.34 $18,515.65 8 $2,901.06 $5,480.83 $8,693.12 $12,326.99 $16,382.45 $20,859.61 9 $3,254.96 $6,148.41 $9,727.03 $13,762.48 $18,254.63 $23,203.55 10 $3,608.78 $6,815.97 $10,760.99 $15,197.91 $20,126.71 $25,547.46 # OF
CONTAINERS 1 X WK 2 X WK 3 X WK 4 X WK 5 X WK 6 X WK
1 $487.77 $931.00 $1,637.73 $2,520.06 $3,578.14 $4,811.91 2 $905.31 $1,721.43 $2,853.74 $4,196.86 $5,750.86 $7,515.62 3 $1,322.86 $2,511.86 $4,069.83 $5,873.73 $7,923.53 $10,219.35 4 $1,740.37 $3,302.29 $5,285.87 $7,550.51 $10,096.28 $12,923.08 5 $2,157.90 $4,092.72 $6,501.93 $9,227.33 $12,268.95 $15,626.82 6 $2,575.42 $4,883.25 $7,718.00 $10,904.17 $14,441.67 $18,330.53 7 $2,992.94 $5,673.66 $8,934.03 $12,580.98 $16,614.41 $21,034.28 8 $3,410.43 $6,464.10 $10,150.12 $14,257.80 $18,787.06 $23,738.00 9 $3,827.98 $7,254.50 $11,366.22 $15,934.63 $20,959.80 $26,441.77 10 $4,245.57 $8,044.95 $12,582.25 $17,611.42 $23,132.47 $29,145.52 WEEKLY SERVICE - SIX (6) CUBIC YARD CONTAINER
WEEKLY SERVICE - FIVE (5) CUBIC YARD CONTAINER
WEEKLY SERVICE - FOUR (4) CUBIC YARD CONTAINER
EXHIBIT "E"

CITY OF LODI

CONTAINER RATES
EFFECTIVE APRIL 1, 2023 THROUGH MARCH 31, 2024

# OF
CONTAINERS 1 X WK 2 X WK*
1 $48.20 $96.38
2 $96.39 $192.76
3 $144.58 $289.14
4 $192.78 $385.52
5 $240.98 $481.90
# OF
CONTAINERS 1 X WK 2 X WK*
1 $72.51 $145.02
2 $145.02 $290.03
3 $217.53 $435.06
4 $290.03 $580.08
5 $362.55 $725.10
Contamination $102.57
* Available for customers with 4+ carts
WEEKLY SERVICE - 35 GALLON ORGANICS CONTAINER
WEEKLY SERVICE - 64 GALLON ORGANICS CONTAINER

ANCILLARY SERVICES
EXHIBIT "F"

CITY OF LODI
10 TO 50 CUBIC YARD CONTAINERS

RATE STRUCTURE
EFFECTIVE APRIL 1, 2023 THROUGH MARCH 31, 2024
Current
Rates
CPI
Increase CPI Effect
Disposal
Increase
Disposal
Effect
New
Monthly
Rate

PERMANENT HIGH FREQUENCY ROLL-OFF RATES

1. Drop-off and Pick-up Charge Per Box $212.86 0.000% $0.00 0.000% $0.00 $212.86

2. Tons Disposed/Box X Processing Charge $47.94 0.000% $0.00 0.000% $0.00 $47.94

ONE-TIME TEMPORARY USER ROLL-OFF RATES

1. Drop/off/Pick-up Charge Per Box $270.29 0.000% $0.00 0.000% $0.00 $270.29

2. Tons Disposed/Box X Processing Charge $47.95 0.000% $0.00 0.000% $0.00 $47.95

Services Offered
Current
Monthly
Rate
CPI
Increase CPI Effect
Disposal
Increase
Disposal
Effect
New
Monthly
Rate

1. 2 CUBIC YARD COMPACTOR
1X Week $359.24 0.000% $0.00 0.000% $0.00 $359.24
2X Week $718.51 0.000% $0.00 0.000% $0.00 $718.51
3X Week $1,077.75 0.000% $0.00 0.000% $0.00 $1,077.75
4X Week $1,437.03 0.000% $0.00 0.000% $0.00 $1,437.03
5X Week $1,796.26 0.000% $0.00 0.000% $0.00 $1,796.26

2. 3 CUBIC YARD COMPACTOR
1X Week $443.91 0.000% $0.00 0.000% $0.00 $443.91
2X Week $887.79 0.000% $0.00 0.000% $0.00 $887.79
3X Week $1,331.68 0.000% $0.00 0.000% $0.00 $1,331.68
4X Week $1,775.61 0.000% $0.00 0.000% $0.00 $1,775.61
5X Week $2,219.51 0.000% $0.00 0.000% $0.00 $2,219.51

3. 4 CUBIC YARD COMPACTOR
1X Week $529.22 0.000% $0.00 0.000% $0.00 $529.22
2X Week $1,058.44 0.000% $0.00 0.000% $0.00 $1,058.44
3X Week $1,587.68 0.000% $0.00 0.000% $0.00 $1,587.68
4X Week $2,116.91 0.000% $0.00 0.000% $0.00 $2,116.91
5X Week $2,646.14 0.000% $0.00 0.000% $0.00 $2,646.14

CITY OF LODI

COMMERCIAL COMPACTOR RATES
EFFECTIVE APRIL 1, 2023 THROUGH MARCH 31, 2024
EXHIBIT "G"

EXHIBIT "G"

CITY OF LODI
10 TO 50 CUBIC YARD ROLL OFF* CONTAINERS

COMPACTOR RATE STRUCTURE
EFFECTIVE APRIL 1, 2023 THROUGH MARCH 31, 2024
Current
Rates
CPI
Increase CPI Effect
Disposal
Increase
Disposal
Effect New Rates

TEMPORARY OR PERMANENT COMMERCIAL COMPACTOR RATES

1. Drop/off/Pick-up Charge Per Box $369.50 0.000% $0.00 0.000% $0.00 $369.50

2. Tons Disposed/Box X Processing Charge $47.77 0.000% $0.00 0.000% $0.00 $47.77 * This charge will be applied to loads that are serviced by "Roll Off" vehicles. * This charge will be applied per load to self contained compaction containers or containers that attach to a charging unit for the purpose of compaction in sizes on or about 10 to 50 cubic yards.

Location Unit Capacity Pick-Up per Week
City Hall
221 W Pine St 1 5 Yd 2
1 4 Yd 2
1 64 Gal E/O
1 64 Gal E/O
Fire Deparment
Fire Station #1
210 W Elm St 2 64 Gal E/O
Fire Station #2
2 S CherokeeLn 1 96 Gal 1
1 1 Yd 1
2 64 Gal E/O
Fire Station #3
2141 S Ham Ln 1 1 Yd 1
1 64 Gal E/O
Fire Station #4
180 N Lower Sacramento Rd 1 96 Gal 1
3 64 Gal E/O
Library
201 W Locust St 1 2 Yd 1
1 2 Yd 2
Police Department
Police
215 W Elm St 1 4 Yd 2
1 4 Yd 1
Animal Services
1345 W Kettleman Ln 1 4 Yd 1
1 4 Yd 1
Court
315 W Elm 1 1 Yd 1
3 64 Gal E/O
PRCS
Parks Yard
125 N Stockton St 2 3 Yd 1
1 4 Yd 1
Hutchins Street Square
125 S Hutchins St 1 64 Gal E/O
Salas Park
2001 S Stockton St 1 6 Yd 1
Lodi Lake Park
1101 W Turner Rd 8 6 Yd 2
Public Works
Transit Station
24 S Sacramento St 1 3 Yd 1
MSC
1331 S Ham Ln 2 4 Yd 1
1 4 Yd 2
2 6 Yd 1
1 2 Yd 1
2 4 Yd 1
5 64 Gal E/O
SWTF
2001 W Turner Rd 1 2 Yd 1
1 4 Yd 1
EXHIBIT "H"
RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE AMENDED AND RESTATED FRANCHISE
AGREEMENT WITH USA WASTE SERVICE OF CALIFORNIA, INC., DBA

CENTRAL VALLEY WASTE SERVICES, FOR SOLID WASTE COLLECTION,

RECYCLING, AND ORGANIC WASTE COLLECTION AND PROCESSING

SERVICES IN THE CITY OF LODI
======================================================================

WHEREAS, USA Waste Service of California, Inc., dba Central Valley Waste Services (WM) has provided excellent service with reasonable rates to the City since 1988; and

WHEREAS, early in 2022, staff began negotiations with WM on an amended franchise agreement due to new regulations associated with Senate Bill 1383 (SB 1383); and

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2023-____

Lodi City CouncilMarch 15, 2023

Lodi City Council
March 15, 2023