EX A - Proposed SB1383 Contract Amendment — Napa City Council, April 18, 2023 (part 4 of 6)

Attachment T-8A (Draft) 4/10/2023
t
LABOR
Annual
Salary
Number
of FTEs Annual Cost
Annual
Salary
Number
of FTEs Annual Cost
Salaries (by labor category)
General Manager - 0.00 -
Manager, Recycling - 0.00 -
Administrative Assistant 26,000 1 26,000 26,910 1.00 26,910 Customer Service (Scale house) - 0.00 -
Equipment Operator 75,294 4.5 338,821 77,929 4.50 350,680 Composting Sorter/Processor - 0.00 -
Clean MRF Sorter/Processor - 0.00 -
Clean MRF Equipment Operator - 0.00 -
Wood Processing Equipment Operator - 0.00 -
C&D Processing (S.Sep.) Equipment Operator - 0.00 -
C&D Processing (Mixed) Sorter/Processor - 0.00 -
C&D Processing (Mixed) Equipment Operator - 0.00 -
Residential Food Waste Equipment Operator - 0.00 -
Mechanics 77,077 6.5 501,001 77,077 6.50 518,536
Mechanics Helper - 0.00 -
Subtotal 865,822 - 896,126
Fringe Benefits 471,683 488,192
Total 1,337,505 - 1,384,318
Leased Equipment
Total
Other Operating Expenses
Water and Sewer -
Cost of Ownership 22,080 22,632
Supplies -
Outside Services -
Maintenance 446,438 457,599
Tires -
Oil & Filters -
Licenses - DMV -
Permits -
Equipment rental -
Taxes, Property 137,236 140,667
Business Licenses 4,030 4,131
Insurance -
Property 84,661 86,778
Liability 30,000 30,750
Pollution -
Worker's Comp -
Vehicle -
Engineering and lab services -
Fire inspection fees -
Payroll service -
First Aid Costs -
Management Fee -
Disposal: -
Tires -
Waste Oil -
eWaste -
Total 724,445 - 742,556

SUMMARY
Labor 1,337,505 - 1,384,318
Leased Equipment - - -
O&M 724,445 - 742,556
Subtotal 2,061,950 - 2,126,874
Contingency (__%)
Total 2,061,950 - 2,126,874
Costs - Reimbursed at Current Costs
Electricity -
Fuel -
TABLE 8. PROCESSING O&M COSTS - BASELINE THROUGHPUT (with CASP) 2018$ - Bio-Mass (Two Units) Current Annual Costs (Feb-Jan17) Adjustments
Proposed Total (Baseline
Throughput)
Linda Eggerth:

Increased 0.25 FTE per KM email 1/27/11
(amendment 3)
8/13/2014 increased .25fte per 3rd
amendment
TABLE 8. PROCESSING O&M COSTS - BASELINE THROUGHPUT (with CASP) 2018$ - Bio-Mass (Two Units) Attachment T, Page 28 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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Attachment T-8B (Draft) 4/10/2023
TABLE 3. PROCESSING CAPITAL COSTS - BIO-MASS FACILITY 2018$ (Two Units) t
Capital Cost Item Cost
Amortized
Annual Cost
Year
Purchased
Year
Replacement or
Refurbished
Economic
Life
(years)
Year 1 (2018) Year 2 (2019) Year 3 (2020) Year 4 (2021) Year 5 (2022) Year 6 (2023) Year 7 (2024) Year 8 (2025) Year 9 (2026) Capital Improvements
Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Fixed Equipment
Bio-mass facility 11,886,000$ 11,886,000$ 2019 13 914,308$ 914,308$ 914,308$ 914,308$ 914,308$ 914,308$ 914,308$ 914,308$ -$
-$
Subtotal 11,886,000$ 11,886,000$ -$ 914,308$ 914,308$ 914,308$ 914,308$ 914,308$ 914,308$ 914,308$ 914,308$ Rolling Stock
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Other Costs
PG&E - Generator Interconnection Agreement 750,000$ 750,000$ 2019 13 57,692$ 57,692$ 57,692$ 57,692$ 57,692$ 57,692$ 57,692$ 57,692$ -$
-$
-$
-$
Interest 4,851,275$ 631,800$ 596,131$ 558,679$ 519,354$ 478,063$ 434,708$ 389,184$ 341,385$ Subtotal 750,000$ 5,601,275$ -$ 689,492$ 653,823$ 616,371$ 577,046$ 535,755$ 492,400$ 446,876$ 399,077$ Contingency (__%)
Total 17,487,275$ -$ 1,603,800$ 1,568,131$ 1,530,679$ 1,491,354$ 1,450,063$ 1,406,708$ 1,361,184$ 1,313,385$ Foots
ATTACHMENTT-8B. PROCESSING CAPITAL COSTS - BIO-MASS FACILITY 2018$ (Two Units) Attachment T, Page 29 of 69 Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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Attachment T-8B (Draft) 4/10/2023
Capital Cost Item
Capital Improvements
Subtotal
Fixed Equipment
Bio-mass facility
Subtotal
Rolling Stock
Subtotal
Other Costs
PG&E - Generator Interconnection Agreement
Interest
Subtotal
Contingency (__%)
Total
Year 10
(2027)
Year 11
(2028)
Year 12
(2029)
Year 13
(2030)
Year 14
(2031)
-$ -$ -$ -$ -$
914,308$ 914,308$ 914,308$ 914,308$ 914,308$ -$ -$
-$
914,308$ 914,308$ 914,308$ 914,308$ 914,308$ -$ -$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$ -$ -$ -$ -$ -$
57,692$ 57,692$ 57,692$ 57,692$ 57,692$ -$
-$
-$
-$
-$
-$
-$
291,195$ 238,496$ 183,162$ 125,062$ 64,056$ -$ 348,887$ 296,188$ 240,854$ 182,754$ 121,748$ -$ 1,263,195$ 1,210,496$ 1,155,162$ 1,097,062$ 1,036,056$ -$ Attachment T-8B, p.2 Attachment T, Page 30 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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Attachment T-9A 4/10/2023
t
Capital Cost Item Cost
Amortized
Annual Cost
Year
Purchased
Year
Replacement or
Refurbished
Economic
Life
(years)
Year 1 (2018) Year 2 (2019) Year 3 (2020) Year 4 (2021) Year 5 (2022) Year 6 (2023) Year 7 (2024) Year 8 (2025) Year 9 (2026) Year 10 (2027)
Capital Improvements
Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Fixed Equipment
Glass Cleaning System 379,280$ 379,280$ 2018 2032 14 27,091$ 27,091$ 27,091$ 27,091$ 27,091$ 27,091$ 27,091$ 27,091$ 27,091$ 27,091$ Sorting Robot 323,250$ 323,250$ 2018 2032 14 23,089$ 23,089$ 23,089$ 23,089$ 23,089$ 23,089$ 23,089$ 23,089$ 23,089$ 23,089$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Subtotal 702,530$ 702,530$ 50,181$ 50,181$ 50,181$ 50,181$ 50,181$ 50,181$ 50,181$ 50,181$ 50,181$ 50,181$ Rolling Stock
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Other Costs
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Interest 162,354$ 27,894$ 25,567$ 23,148$ 20,634$ 18,019$ 15,300$ 12,474$ 9,535$ 6,480$ 3,303$ Subtotal -$ 162,354$ 27,894$ 25,567$ 23,148$ 20,634$ 18,019$ 15,300$ 12,474$ 9,535$ 6,480$ 3,303$ Contingency (__%)
Total 864,884$ 78,075$ 75,748$ 73,329$ 70,815$ 68,200$ 65,481$ 62,655$ 59,716$ 56,661$ 53,484$ Foots
Processing (Baseline Throughput) 78,075$ 75,748$ 73,329$ 70,815$ 68,200$ 65,481$ 62,655$ 59,716$ 56,661$ 53,484$ Pre-processing (Baseline Throughput)
CASP (Baseline Throughput)
Stormwater -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
78,075$ 75,748$ 73,329$ 70,815$ 68,200$ 65,481$ 62,655$ 59,716$ 56,661$ 53,484$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $
ATTACHMENT T-9A: PROCESSING CAPITAL COSTS - CLEAN MRF UPGRADE OPTIONS 2018$ Michael A. Murray:
5% inflation on $620,000
Michael A. Murray:
5% inflation on $620,000
Michael A. Murray:
5% inflation on $620,000
ATTACHMENT T-9A: PROCESSING CAPITAL COSTS - CLEAN MRF UPGRADE OPTIONS 2018$ Attachment T, Page 31 of 69 Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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Attachment T-9A 4/10/2023
Capital Cost Item
Capital Improvements
Subtotal
Fixed Equipment
Glass Cleaning System
Sorting Robot
Subtotal
Rolling Stock
Subtotal
Other Costs
Interest
Subtotal
Contingency (__%)
Total
Processing (Baseline Throughput)
Pre-processing (Baseline Throughput)
CASP (Baseline Throughput)
Stormwater
Year 11
(2028)
Year 12
(2029)
Year 13
(2030)
Year 14
(2031)
-$ -$ -$ -$
27,091$ 27,091$ 27,091$ 27,091$ -$
23,089$ 23,089$ 23,089$ 23,089$ -$
-$ -$ -$ -$ -$
50,181$ 50,181$ 50,181$ 50,181$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
-$
-$
-$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
-$
-$
-$
-$ -$ -$ -$ -$
50,181$ 50,181$ 50,181$ 50,181$ -$
50,181$ 50,181$ 50,181$ 50,181$
-$ -$ -$ -$
50,181$ 50,181$ 50,181$ 50,181$
- $ - $ - $ - $
Attachment T-9A, p.2 Attachment T, Page 32 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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Attachment T-9B 4/10/2023
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
Effective 1-
1-18
Effective 1-
1-19
Effective 1-
1-20
Effective 1-
1-21
Effective 1-
1-22
Effective 1-
1-23
Contract
Payment -
Inflation
Adjusted
Labor or Non-
Labor
2018 Contract
Amendment
Fixed Inflation
Increase (2018
to 2022)
Contract
Payment -
Inflation
Adjusted
Labor or Non-
Labor
2018 Contract
Amendment
Fixed Inflation
Increase (2018
to 2022)
Contract
Payment -
Inflation
Adjusted
Labor or Non-
Labor
2018 Contract
Amendment
Fixed Inflation
Increase (2018
to 2022)
Contract
Payment -
Inflation
Adjusted
Labor or Non-
Labor
2018 Contract
Amendment
Fixed Inflation
Increase (2018
to 2022)
Contract
Payment -
Inflation
Adjusted
Labor or Non-
Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
LABOR
Annual
Salary
Number
of FTEs Annual Cost
Annual
Salary
Number
of FTEs Annual Cost Annual Cost Annual Cost Annual Cost Annual Cost Annual
Cost
Annual
Cost
Salaries (by labor category)
General Manager - 0.00 - - -$ -$ -$ -$ -$ Manager, Recycling - 0.00 - - -$ -$ -$ -$ -$ Administrative Assistant - 0.00 - - -$ -$ -$ -$ -$ Customer Service (Scale house) - 0.00 - - -$ -$ -$ -$ -$ Equipment Operator - 0.00 - - -$ -$ -$ -$ -$ Composting Sorter/Processor - 0.00 - - -$ -$ -$ -$ -$ Clean MRF Sorter/Processor - 0.00 - - -$ -$ -$ -$ -$ Clean MRF Equipment Operator - 0.00 - - -$ -$ -$ -$ -$ Wood Processing Equipment Operator - 0.00 - - -$ -$ -$ -$ -$ C&D Processing (S.Sep.) Equipment Operator - 0.00 - - -$ -$ -$ -$ -$ C&D Processing (Mixed) Sorter/Processor - 0.00 - - -$ -$ -$ -$ -$ C&D Processing (Mixed) Equipment Operator - 0.00 - - -$ -$ -$ -$ -$ Residential Food Waste Equipment Operator - 0.00 - - -$ -$ -$ -$ -$ Mechanics - 0.00 - - -$ -$ -$ -$ -$ Mechanics Helper - 0.00 - - -$ -$ -$ -$ -$ Subtotal - - - - -$ -$ -$ -$ -$ Fringe Benefits - - -$ -$ -$ -$ -$
Total - - - - -$ -$ -$ -$ -$
- -$ -$ -$ -$ -$
Leased Equipment - -$ -$ -$ -$ -$
- -$ -$ -$ -$ -$
Total - -$ -$ -$ -$ -$
- -$ -$ -$ -$ -$
Other Operating Expenses - -$ -$ -$ -$ -$ Water and Sewer - - -$ -$ -$ -$ -$
Cost of Ownership - - -$ -$ -$ -$ -$ Supplies - - -$ -$ -$ -$ -$
Outside Services - - -$ -$ -$ -$ -$ Maintenance 42,152 42,152 42,152 Non-Labor 1.025 43,206$ Non-Labor 1.025 44,285.95$ Non-Labor 1.025 45,393$ Non-Labor 1.025 46,528$ Non-Labor 1.025 47,691$ Tires - - -$ -$ -$ -$ -$
Oil & Filters - - -$ -$ -$ -$ -$
Licenses - DMV - - -$ -$ -$ -$ -$
Permits - - -$ -$ -$ -$ -$
Equipment rental - - -$ -$ -$ -$ -$ Taxes, Property 8,079 8,079 8,079 Non-Labor 1.025 8,281$ Non-Labor 1.025 8,488.00$ Non-Labor 1.025 8,700$ Non-Labor 1.025 8,918$ Non-Labor 1.025 9,141$ Business Licenses - - -$ -$ -$ -$ -$ Insurance - - -$ -$ -$ -$ -$
Property 4,706 4,706 4,706 Non-Labor 1.025 4,824$ Non-Labor 1.025 4,944.24$ Non-Labor 1.025 5,068$ Non-Labor 1.025 5,195$ Non-Labor 1.025 5,324$ Liability - - -$ -$ -$ -$ -$
Pollution - - -$ -$ -$ -$ -$
Worker's Comp - - -$ -$ -$ -$ -$
Vehicle - - -$ -$ -$ -$ -$
Engineering and lab services - - -$ -$ -$ -$ -$ Fire inspection fees - - -$ -$ -$ -$ -$ Payroll service - - -$ -$ -$ -$ -$
First Aid Costs - - -$ -$ -$ -$ -$
Management Fee - - -$ -$ -$ -$ -$
Disposal: - - -$ -$ -$ -$ -$
Tires - - -$ -$ -$ -$ -$
Waste Oil - - -$ -$ -$ -$ -$
eWaste - - -$ -$ -$ -$ -$
Total 54,937 - 54,937 54,937 Total 56,310$ Total 57,718$ Total 59,161$ Total 60,640$ Total 62,156$ - -$ -$ -$ -$ -$
SUMMARY - Summary -$ Summary -$ Summary -$ Summary -$ Summary -$ Labor - - - - Labor -$ Labor -$ Labor -$ Labor -$ Labor -$ Leased Equipment - - - - -$ -$ -$ -$ -$ O&M 54,937 - 54,937 54,937 O&M 56,310$ O&M 57,718$ O&M 59,161$ O&M 60,640$ O&M 62,156$ Subtotal 54,937 - 54,937 54,937 56,310$ 57,718$ 59,161$ 60,640$ 62,156$ Contingency (__%) - -$ -$ -$ -$ -$
Total 54,937 - 54,937 54,937 MRF Upgrade Options O&M 56,310$ MRF Upgrade Options O&M 57,718$ MRF Upgrade Options O&M 59,161$ MRF Upgrade Options O&M 60,640$ MRF Upgrade Options O&M 62,156$ Costs - Reimbursed at Current Costs
Electricity -
Fuel -
ATTCHMENT T-9B: PROCESSING O&M COSTS - BASELINE THROUGHPUT) 2018$ - Clean MRF Upgrade Options Current Annual Costs (Projected) Adjustments
Proposed Total (Baseline
Throughput)
Linda Eggerth:

Increased 0.25 FTE per KM
email 1/27/11 (amendment 3)
8/13/2014 increased .25fte per
3rd amendment
ATTCHMENT T-9B: PROCESSING O&M COSTS - BASELINE THROUGHPUT) 2018$ - Clean MRF Upgrade Options Attachment T, Page 33 of 69 Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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Attachment T-9B 4/10/2023
LABOR
Salaries (by labor category)
General Manager
Manager, Recycling
Administrative Assistant
Customer Service (Scale house)
Equipment Operator
Composting Sorter/Processor
Clean MRF Sorter/Processor
Clean MRF Equipment Operator
Wood Processing Equipment Operator
C&D Processing (S.Sep.) Equipment Operator
C&D Processing (Mixed) Sorter/Processor
C&D Processing (Mixed) Equipment Operator
Residential Food Waste Equipment Operator
Mechanics
Mechanics Helper
Subtotal
Fringe Benefits
Total
Leased Equipment
Total
Other Operating Expenses
Water and Sewer
Cost of Ownership
Supplies
Outside Services
Maintenance
Tires
Oil & Filters
Licenses - DMV
Permits
Equipment rental
Taxes, Property
Business Licenses
Insurance
Property
Liability
Pollution
Worker's Comp
Vehicle
Engineering and lab services
Fire inspection fees
Payroll service
First Aid Costs
Management Fee
Disposal:

Tires
Waste Oil
eWaste
Total

SUMMARY
Labor
Leased Equipment
O&M
Subtotal
Contingency (__%)
Total
Costs - Reimbursed at Current Costs
Electricity
Fuel
ATTCHMENT T-9B: PROCESSING O&M COSTS - BASELINE THROUGHPUT) 2018$ - Clean MRF Upgrade Options Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Effective 1-
1-24
Effective 1-
1-25
Effective 1-
1-26
Effective 1-
1-27
Effective 1-
1-28
Effective 1-
1-29
Effective 1-
1-30
Effective 1-
1-31
Labor or Non-
Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
Labor or Non-
Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
Labor or Non-
Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
Labor or Non-
Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
Labor or Non-
Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
Labor or Non-
Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
Labor or Non-
Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
Labor or Non-
Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
Annual
Cost
Annual
Cost
Annual
Cost
Annual
Cost
Annual
Cost
Annual
Cost
Annual
Cost
Annual
Cost
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
Non-Labor 1.025 48,883$ Non-Labor 1.025 50,105$ Non-Labor 1.025 51,358$ Non-Labor 1.025 52,642$ Non-Labor 1.025 53,958$ Non-Labor 1.025 55,307$ Non-Labor 1.025 56,690$ Non-Labor 1.025 58,107$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
Non-Labor 1.025 9,369$ Non-Labor 1.025 9,603$ Non-Labor 1.025 9,843$ Non-Labor 1.025 10,090$ Non-Labor 1.025 10,342$ Non-Labor 1.025 10,600$ Non-Labor 1.025 10,865$ Non-Labor 1.025 11,137$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
Non-Labor 1.025 5,458$ Non-Labor 1.025 5,594$ Non-Labor 1.025 5,734$ Non-Labor 1.025 5,877$ Non-Labor 1.025 6,024$ Non-Labor 1.025 6,175$ Non-Labor 1.025 6,329$ Non-Labor 1.025 6,487$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$
Total 63,710$ Total 65,303$ Total 66,935$ Total 68,609$ Total 70,324$ Total 72,082$ Total 73,884$ Total 75,731$ -$ -$ -$ -$ -$ -$ -$ -$
Summary -$ Summary -$ Summary -$ Summary -$ Summary -$ Summary -$ Summary -$ Summary -$ Labor -$ Labor -$ Labor -$ Labor -$ Labor -$ Labor -$ Labor -$ Labor -$ -$ -$ -$ -$ -$ -$ -$ -$
O&M 63,710$ O&M 65,303$ O&M 66,935$ O&M 68,609$ O&M 70,324$ O&M 72,082$ O&M 73,884$ O&M 75,731$ 63,710$ 65,303$ 66,935$ 68,609$ 70,324$ 72,082$ 73,884$ 75,731$ -$ -$ -$ -$ -$ -$ -$ -$
MRF Upgrade Options O&M 63,710$ MRF Upgrade Options O&M 65,303$ MRF Upgrade Options O&M 66,935$ MRF Upgrade Options O&M 68,609$ MRF Upgrade Options O&M 70,324$ MRF Upgrade Options O&M 72,082$ MRF Upgrade Options O&M 73,884$ MRF Upgrade Options O&M 75,731$ Attachment T-9B, p.2 Attachment T, Page 34 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

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Attachment T-10A 4/10/2023
Instructions: Summarize all proposed costs on this table. Columns may be added as needed. Year 2 Year 3 Year 4 Year 5 ATTACHMENT T-10A: OPERATING & CAPITAL COSTS 2018$ - SUNDAY SERVICE (DRIVER/HELPER) Effective 1-1-19
Effective
1-1-20
Effective
1-1-21
Effective
1-1-22
COST CATEGORIES Proposed Costs Adjustments Proposed Total Labor or
Non-Labor
2018 Contract
Amendment
Fixed Inflation
Increase (2018
to 2022)
Contract
Payment -
Inflation
Adjusted
Labor or
Non-Labor
2018 Contract
Amendment
Fixed Inflation
Increase (2018
to 2022)
Contract
Payment -
Inflation
Adjusted
Labor or
Non-Labor
2018 Contract
Amendment
Fixed Inflation
Increase (2018
to 2022)
Contract
Payment -
Inflation
Adjusted
Labor or
Non-Labor
2018 Contract
Amendment
Fixed Inflation
Increase (2018
to 2022)
Contract
Payment -
Inflation
Adjusted

COLLECTION
Operating Expenses
Labor 52,237 52,237 Labor 1.035 54,065 Labor 1.035 55,958 Labor 1.035 57,916 Labor 1.035 59,943 Supplies 1,200 1,200 Non-Labor 1.025 1,230 Non-Labor 1.025 1,261 Non-Labor 1.025 1,292 Non-Labor 1.025 1,325 Vehicle O&M - - - - -
Oil & Other Fluids - - - - -
Vehicle Insurance - - - - -
Vehicle Repair & Maintenance - - - - -
Total 53,437 53,437 - 55,295 - 57,218 - 59,208 - 61,268 G & A Expenses
Customer Service
Customer Service Labor - - - - -
Billing - - - - -
Administration
Admin Services - - - - -
General Insurance - - - - -
Office Expenses - - - - -
Public Information & Education - - - - -
Total - - - - - - - - - -
Vehicle & Equipment Capital - - - - -
Overhead, Tax - - - - -
Total - - - - - - - - - -
Subtotal Collection Costs 53,437 53,437 - 55,295 - 57,218 - 59,208 - 61,268

PROCESSING
O&M
Labor - - - - -
Operations - - - - -
Contingency
Total - - - - - - - - - - - - - - -
Capital
Capital Improvements
Equipment - - - - -
Other Start Up Costs
Contingency
Total - - - - - - - - - - - - - - -
Subtotal Baseline Processing Expenses - - - - - - - - - - - - - - - Total Baseline Expenses 53,437 - 53,437 - - 55,295 - - 57,218 - - 59,208 - - 61,268 Less NCRWS (County) Discount - - - - -
Net Baseline Expenses 53,437 - 53,437 - - 55,295 - - 57,218 - - 59,208 - - 61,268 Costs - Reimbursed at Current Costs
Fuel 8,845 8,845
Fuel - Table 4
Electricity - Table 4
8,845.00
ATTACHMENT T-10A: OPERATING & CAPITAL COSTS 2018$ - SUNDAY SERVICE (DRIVER/HELPER) Attachment T, Page 35 of 69 Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 438 of 712 ends

Attachment T-10A 4/10/2023
Instructions: Summarize all proposed costs on this table. Columns may be added as needed.

ATTACHMENT T-10A: OPERATING & CAPITAL COSTS 2018$ - SUNDAY SERVICE (DRIVER/HELPER)

COST CATEGORIES

COLLECTION
Operating Expenses
Labor
Supplies
Vehicle O&M
Oil & Other Fluids
Vehicle Insurance
Vehicle Repair & Maintenance
Total
G & A Expenses
Customer Service
Customer Service Labor
Billing
Administration
Admin Services
General Insurance
Office Expenses
Public Information & Education
Total
Vehicle & Equipment Capital
Overhead, Tax
Total
Subtotal Collection Costs

PROCESSING
O&M
Labor
Operations
Contingency
Total
Capital
Capital Improvements
Equipment
Other Start Up Costs
Contingency
Total
Subtotal Baseline Processing Expenses
Total Baseline Expenses
Less NCRWS (County) Discount
Net Baseline Expenses
Costs - Reimbursed at Current Costs
Fuel
Fuel - Table 4
Electricity - Table 4
Year 6 Year 7 Year 8 Year 9 Year 10
Effective
1-1-23
Effective
1-1-24
Effective
1-1-25
Effective
1-1-26
Effective
1-1-27
Labor or
Non-Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
Labor or
Non-Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
Labor or
Non-Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
Labor or
Non-Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
Labor or
Non-Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
Labor 1.035 62,041 Labor 1.035 64,213 Labor 1.035 66,460 Labor 1.035 68,786 Labor 1.035 71,194 Non-Labor 1.030 1,364 Non-Labor 1.025 1,398 Non-Labor 1.025 1,433 Non-Labor 1.025 1,469 Non-Labor 1.025 1,506 - - - - -
- - - - -
- - - - -
- - - - -
- 63,405 - 65,611 - 67,893 - 70,255 - 72,700 - - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - - - - - - -
- - - - -
- - - - -
- - - - - - - - - -
- 63,405 - 65,611 - 67,893 - 70,255 - 72,700
- - - - -
- - - - -
- - - - - - - - - - - - - - -
- - - - -
- - - - - - - - - - - - - - -
- - - - - - - - - - - - - - -
- - 63,405 - - 65,611 - - 67,893 - - 70,255 - - 72,700 - - - - -
- - 63,405 - - 65,611 - - 67,893 - - 70,255 - - 72,700 Per 2022 Contract
Amendment terms, 2.5%
Non-Labor Index
increased by half CPI
exceeding 5% (CPI = 6%
thus half of 1% = 0.5%).

Attachment T-10A, p.2 Attachment T, Page 36 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 439 of 712 ends

Attachment T-10A 4/10/2023
Instructions: Summarize all proposed costs on this table. Columns may be added as needed.

ATTACHMENT T-10A: OPERATING & CAPITAL COSTS 2018$ - SUNDAY SERVICE (DRIVER/HELPER)

COST CATEGORIES

PROCESSING
O&M
Labor
Operations
Contingency
Total
Capital
Capital Improvements
Equipment
Other Start Up Costs
Contingency
Total
Subtotal Baseline Processing Expenses
Total Baseline Expenses
Less NCRWS (County) Discount
Net Baseline Expenses
Costs - Reimbursed at Current Costs
Fuel
Fuel - Table 4
Electricity - Table 4
Year 11 Year 12 Year 13 Year 14
Effective
1-1-28
Effective
1-1-29
Effective
1-1-30
Effective
1-1-31
Labor or
Non-Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
Labor or
Non-Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
Labor or
Non-Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
Labor or
Non-Labor
2022 Contract
Amendment
Fixed Inflation
Increase (2023
to 2031)
Contract
Payment -
Inflation
Adjusted
Previous
(CY2017) Index
Name
Previous
(CY2017) Index
Previous
(CY2017) Annual
Costs
New (2018
Contract
Amendment)
Index
Labor 1.035 73,685 Labor 1.035 76,264 Labor 1.035 78,934 Labor 1.035 81,696 CPI 1 52,237 CPI-Labor Non-Labor 1.025 1,544 Non-Labor 1.025 1,582 Non-Labor 1.025 1,622 Non-Labor 1.025 1,662 PPI 1 1,200 CPI-Other - - - -
- - - - PPI 1 - CPI-Other
- - - - PPI 1 - CPI-Other
- - - - PPI 1 - CPI-Other
- 75,229 - 77,847 - 80,555 - 83,359 53,437
- - - - CPI 1 - CPI-Labor
- - - - PPI 1 - CPI-Other
- - - - CPI 1 - CPI-Labor
- - - - PPI 1 - CPI-Other
- - - - PPI 1 - CPI-Other
- - - - PPI 1 - CPI-Other
- - - - - - - - -
- - - -
- - - - None 1 - CPI-Other
- - - - - - - - -
- 75,229 - 77,847 - 80,555 - 83,359 53,437
- - - -
- - - -
- - - - - - - - - - - - -
- - - -
- - - - - - - - - - - - -
- - - - - - - - - - - - -
- - 75,229 - - 77,847 - - 80,555 - - 83,359 53,437 - - - - -
- - 75,229 - - 77,847 - - 80,555 - - 83,359 53,437 Fuel 8,845
8,845
62,282
Attachment T-10A, p.3 Attachment T, Page 37 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

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Attachment T-10B 4/10/2023
Instructions: Summarize all proposed costs on this table. Columns may be added as needed.

ATTACHMENT T-10B: OPERATING & CAPITAL COSTS 2018$ - SUNDAY SERVICE ( TWO DRIVERS) COST CATEGORIES Proposed Costs Adjustments t
Current Index
Name Current Index
Current Annual
Costs New Index

COLLECTION
Operating Expenses
Labor 62,821 62,821 CPI 1 62,821 CPI-Labor
Supplies 1,200 1,200 PPI 1 1,200 CPI-Other
Vehicle O&M -
Oil & Other Fluids - PPI 1 - CPI-Other
Vehicle Insurance - PPI 1 - CPI-Other
Vehicle Repair & Maintenance - PPI 1 - CPI-Other
Total 64,021 64,021 64,021
G & A Expenses
Customer Service
Customer Service Labor - CPI 1 - CPI-Labor
Billing - PPI 1 - CPI-Other
Administration
Admin Services - CPI 1 - CPI-Labor
General Insurance - PPI 1 - CPI-Other
Office Expenses - PPI 1 - CPI-Other
Public Information & Education - PPI 1 - CPI-Other
Total - - -
Vehicle & Equipment Capital -
Overhead, Tax - None 1 - CPI-Other
Total - - -
Subtotal Collection Costs 64,021 64,021 64,021

PROCESSING
O&M
Labor -
Operations -
Contingency
Total - - - -
Capital
Capital Improvements
Equipment -
Other Start Up Costs
Contingency
Total - - - -
Subtotal Baseline Processing Expenses - - - -
Total Baseline Expenses 64,021 - 64,021 64,021
Less NCRWS (County) Discount - -
Net Baseline Expenses 64,021 - 64,021 64,021
Costs - Reimbursed at Current Costs
Fuel 8,845 8,845 Fuel 8,845
Fuel - Table 4
Electricity - Table 4
8,845.00 8,845
72,866
ATTACHMENT T-10B: OPERATING & CAPITAL COSTS 2018$ - SUNDAY SERVICE ( TWO DRIVERS) Attachment T, Page 38 of 69 Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 441 of 712 ends

ATTACHMENT T-11

UNIT PRICED SERVICES AND ALLOWANCES
ANNUAL PERFORMANCE BOND COST t
Performance Bond based upon actual cost 45,000$ (2018 dollars) ALLOWANCE-BASED PROGRAMS (Static as of 7/1/18, no annual inflation adjustment, may be adjusted at City’s discretion for Recycling Award Program & Telephone Directory Recycling Ads) Payment for Recycle More Labor in lieu of Annual E-Waste Recycling Collection Event* 52,992$ (2018 dollars, static Recycling Awards Program 12,000$ (2018 dollars, static) Development & Maintenance of Searchable Recycling Website** 6,000$ (2018 dollars, static) revised agreed to dollar amount UNIT COST-BASED PROGRAMS (Article 12 labor index adjustment beginning CY2019) On-Call Commercial Pallet Collection 58$ (2018 dollars, Article 12 labor index) On-Call Commercial Metal Collection*** - $ (2018 dollars, Article 12 labor index) Curbside Electronic Waste Collection* - $ (2018 dollars, Article 12 labor index) On-Call Bulky Goods Collection**** 58$ (2018 dollars, Article 12 labor index) City-Directed Spill Clean Up 210$ (2018 dollars, Article12 labor index) SCHOOL DISTRICT PROGRAM***** (Adjusted by Labor Index each July 1st, beginning 7/1/18) Cost for School FY 2017/2018 (7/1/17-6/30/18) 148,407$
Cost for School FY 2018/2019 (7/1/18-6/30/19) 153,601$ (with 3.5% increase) Cost for School FY 2019/2020 (7/1/19-6/30/20) 158,977$ (with 3.5% increase) Cost for School FY 2020/2021 (7/1/20-6/30/21) 164,541$ (with 3.5% increase) Cost for School FY 2021/2022 (7/1/21-6/30/22) 170,300$ (with 3.5% increase) Cost for School FY 2022/2023 (7/1/22-6/30/23) 176,261$ (with 3.5% increase) Cost for School FY 2023/2024 (7/1/23-6/30/24) 182,430$ (with 3.5% increase) Cost for School FY 2024/2025 (7/1/24-6/30/25) 188,815$ (with 3.5% increase) Cost for School FY 2025/2026 (7/1/25-6/30/26) 195,424$ (with 3.5% increase) Cost for School FY 2026/2027 (7/1/26-6/30/27) 202,264$ (with 3.5% increase) Cost for School FY 2027/2028 (7/1/27-6/30/28) 209,343$ (with 3.5% increase) Cost for School FY 2028/2029 (7/1/28-6/30/29) 216,670$ (with 3.5% increase) Cost for School FY 2029/2030 (7/1/29-6/30/30) 224,253$ (with 3.5% increase) Cost for School FY 2030/2031 (7/1/30-6/30/31) 232,102$ (with 3.5% increase) Cost for School FY 2031/2032 (7/1/31-6/30/32)****** 240,226$ (with 3.5% increase) * As of 5/1/2020, City-NRWS reduced by $20,000 to not hold an annual one-day collection event. At City's discretion, $20,000 would be restored if directed by City. ** Original Telephone Recycling Ads Allowance was replaced and readjusted for development and maintenance of searchable recycling website. *** Cost reduced to $0 due to implementation of Recycle More Program. If program is discontinued by City, unit costs will be restored to orginal levels **** The two annual bulky good collections to be provided by Contractor as part of basic service. Contractor to be compensated for three or more bulky item collections per household. ***** Cost for processing school district material is included in Attachment T-1. ****** Costs reflect July 2031 through June 2031 school year although term of agreement terminates December 31, 2031 Updated to correct per
NRWS review on 3-2-23
ATTACHMENT T-11: UNIT PRICED SERVICES AND ALLOWANCES Attachment T, Page 39 of 69 Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 442 of 712 ends

Attachment T-13 4/10/2023
LABOR Annual Salary
Number of
FTEs Annual Cost
Salaries (by labor category)
General Manager
Manager, Recycling
Lab Technician/Regulatory Compliance 75,000 1.5 112,500 Administrative Assistant
Customer Service (Scale house)
Composting Equipment Operator 73,931 0.5 36,966
Composting Sorter/Processor 73,931 0.35 25,876
Clean MRF Sorter/Processor
Clean MRF Equipment Operator
Wood Processing Equipment Operator
C&D Processing (S.Sep.) Equipment Operator
C&D Processing (Mixed) Sorter/Processor
C&D Processing (Mixed) Equipment Operator
Residential Food Waste Equipment Operator
Mechanics
Mechanics Helper
Subtotal 175,341
Fringe Benefits 85416.25
Total 260,758
Leased Equipment
Trailer/Equipment rental 24,000
Total 24,000
Other Operating Expenses
Water and Sewer 45,811
Supplies 10,500
Outside Services 4,500
Outside Services - Testing 200,000
Maintenance 7,500
Tires
Oil & Filters
Licenses - DMV
Permits
Taxes, Property 804
Business Licenses 700
Insurance
Property 3,540
Liability
Pollution
Worker's Comp 10,177
Vehicle
Engineering and lab services 20,000
Fire inspection fees
Payroll service
First Aid Costs
Management Fee
Disposal:

Tires
Waste Oil
eWaste
Total 303,532

SUMMARY
Labor 260,758
Leased Equipment 24,000
O&M 303,532
Subtotal 588,290
Contingency (__%)
Total 588,290
Costs - Reimbursed at Current Costs
Electricity
Fuel
ATTACHMENT T-13: PROCESSING O&M COSTS - BASELINE THROUGHPUT (with CASP) 2020$ - CASP (YEAR ONE)
Current Annual Costs (Jan-Dec)
Added 0.35 FTE per G. Kelley
file
Added $25,876 per G. Kelley
provided file
Compost/Stormwater
Equipment Operator reduced
from 1.0 FTE to 0.5 FTE per
City-NRWS agreed dealpoint.

ATTACHMENT T-13: PROCESSING O&M COSTS - BASELINE THROUGHPUT (with CASP) 2020$ - CASP (YEAR ONE) Attachment T, Page 40 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 443 of 712 ends

Attachment T-13B 4/10/2023
t
Capital Cost Item Cost
Amortized
Annual Cost
Year
Purchased
Year
Replacement or
Refurbished
Economic
Life
(years)
Year 1 (2018) Year 2 (2019) Year 3 (2020) Year 4 (2021) Year 5 (2022) Year 6 (2023) Year 7 (2024) Year 8 (2025) Year 9 (2026) Year 10 (2027)
Year 11
(2028)
Year 12
(2029)
Year 13
(2030)
Year 14
(2031)
Capital Improvements
Trailer foundation & electrical 10,236$ 10,236$ 2020 5 2,047$ 2,047$ 2,047$ 2,047$ 2,047$ Subtotal 10,236$ 10,236$ -$ -$ 2,047$ 2,047$ 2,047$ 2,047$ 2,047$ -$ -$ -$ -$ -$ -$ -$ Fixed Equipment
-$
-$
-$
Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Rolling Stock
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Other Costs
Lab Equipment 18,210$ 18,210$ 2020 2025 5 3,642$ 3,642$ 3,642$ 3,642$ 3,642$ -$ Office equipment 6,250$ 6,250$ 2020 2025 5 1,250$ 1,250$ 1,250$ 1,250$ 1,250$ -$ Computer 9,159$ 9,159$ 2020 2025 5 1,832$ 1,832$ 1,832$ 1,832$ 1,832$ -$ Lab Equipment 19,120$ 19,120$ 2025 2030 5 3,824$ 3,824$ 3,824$ 3,824$ 3,824$ -$ Office equipment 1,616$ 1,616$ 2025 2030 5 323$ 323$ 323$ 323$ 323$ -$ Computer 2,371$ 2,371$ 2025 2030 5 474$ 474$ 474$ 474$ 474$ -$ Temperature probes (100) 539$ 53,875$ 2026 6 8,979$ 8,979$ 8,979$ 8,979$ 8,979$ 8,979$ -$ Lab Equipment 20,076$ 20,076$ 2030 2 10,038$ 10,038$ -$ Office equipment 1,697$ 1,697$ 2030 2 849$ 849$ -$ Computer 2,489$ 2,489$ 2030 2 1,245$ 1,245$ -$ -$
Subtotal 81,526$ 134,862$ -$ -$ 6,724$ 6,724$ 6,724$ 6,724$ 6,724$ 4,621$ 13,601$ 13,601$ 13,601$ 13,601$ 21,110$ 21,110$ -$ Contingency (__%)
Interest 22,013$ 2,193$ 1,796$ 1,379$ 942$ 481$ 1,155$ 3,640$ 3,025$ 2,378$ 1,699$ 2,200$ 1,125$ -$ Total 167,112$ -$ -$ 10,964$ 10,567$ 10,150$ 9,713$ 9,252$ 5,776$ 17,241$ 16,626$ 15,979$ 15,300$ 23,310$ 22,235$ -$ Foots
Processing (Baseline Throughput)
Pre-processing (Baseline Throughput)
CASP (Baseline Throughput) 10,964$ 10,567$ 10,150$ 9,713$ 9,252$ 5,776$ 17,241$ 16,626$ 15,979$ 15,300$ 23,310$ 22,235$ Stormwater -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 10,964$ 10,567$ 10,150$ 9,713$ 9,252$ 5,776$ 17,241$ 16,626$ 15,979$ 15,300$ 23,310$ 22,235$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 48,950$
1,141$
ATTACHMENT T-13B: PROCESSING CAPITAL COSTS - BASELINE THROUGHPUT 2020$ - CASP ATTACHMENT T-13B: PROCESSING CAPITAL COSTS - BASELINE THROUGHPUT 2020$ - CASP Attachment T, Page 41 of 69 Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 444 of 712 ends

Attachment T-14 4/10/2023
t
LABOR Annual Salary
Number of
FTEs Annual Cost
Salaries (by labor category)
General Manager
Manager, Recycling
Lab Technician/Regulatory Compliance 75,000 1 75,000
Administrative Assistant
Customer Service (Scale house)
Composting Equipment Operator 73,931 0.5 36,966
Composting Sorter/Processor 73,931 0.35 25,876
Clean MRF Sorter/Processor
Clean MRF Equipment Operator
Wood Processing Equipment Operator
C&D Processing (S.Sep.) Equipment Operator
C&D Processing (Mixed) Sorter/Processor
C&D Processing (Mixed) Equipment Operator
Residential Food Waste Equipment Operator
Mechanics
Mechanics Helper
Subtotal 137,841
Fringe Benefits 69871.25
Total 207,713
Leased Equipment
Trailer/Lab equipment 24,000
Total 24,000
Other Operating Expenses
Water and Sewer 45,811
Supplies 10,500
Outside Services 4,500
Outside Services - Testing 75,000
Maintenance 7,500
Tires -
Oil & Filters -
Licenses - DMV -
Permits -
Taxes, Property 804
Business Licenses 400
Insurance -
Property 3,540
Liability -
Pollution -
Worker's Comp 10,177
Vehicle
Engineering and lab services 20,000
Fire inspection fees -
Payroll service -
First Aid Costs -
Management Fee
Disposal:

Tires
Waste Oil
eWaste
Total 178,232

SUMMARY
Labor 207,713
Leased Equipment 24,000
O&M 178,232
Subtotal 409,945
Contingency (__%)
Total 409,945
Costs - Reimbursed at Current Costs
Electricity
Fuel
ATTACHMENT T-14: PROCESSING O&M COSTS - BASELINE THROUGHPUT (with CASP) 2020$ - CASP (YEAR TWO)
Current Annual Costs (Jan-Dec)
Compost/Stormwater Equipment
Operator reduced from 1.0 FTE to

0.5 FTE per agreed City-NRWS
dealpoint. - KM
Restored to 1 FTE for lab tech per
original amendment proposal for
year 2 (CY2021).

Lab Tech Fringe Benefits reset for
1 FTE vs. 1.5 FTE for year 2
(CY2021).

ATTACHMENT T-14: PROCESSING O&M COSTS - BASELINE THROUGHPUT (with CASP) 2020$ - CASP (YEAR TWO) Attachment T, Page 42 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 445 of 712 ends

Attachment T-15B 4/10/2023
t
Capital Cost Item Cost
Amortized
Annual Cost
Year
Purchased
Year
Replacement or
Refurbished
Economic
Life
(years)
Year 1 (2018) Year 2 (2019) Year 3 (2020) Year 4 (2021) Year 5 (2022) Year 6 (2023) Year 7 (2024) Year 8 (2025) Year 9 (2026) Year 10 (2027)
Year 11
(2028)
Year 12
(2029)
Year 13
(2030)
Year 14
(2031)
Capital Improvements
Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Fixed Equipment
-$
-$
-$
Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Rolling Stock
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Other Costs
Compost covers 26,500$ 26,500$ 2025 2030 5 5,300$ 5,300$ 5,300$ 5,300$ 5,300$ -$ Compost covers 29,500$ 29,500$ 2030 2 14,750$ 14,750$ -$ Pond Improvements - Concrete extension 199,584$ 199,584$ 2020 12 16,632$ 16,632$ 16,632$ 16,632$ 16,632$ 16,632$ 16,632$ 16,632$ 16,632$ 16,632$ 16,632$ 16,632$ -$ Pond Improvements - Fencing 30,835$ 30,835$ 2020 12 2,570$ 2,570$ 2,570$ 2,570$ 2,570$ 2,570$ 2,570$ 2,570$ 2,570$ 2,570$ 2,570$ 2,570$ -$ Pond Equipment - Sump pump & control panel 54,473$ 54,473$ 2020 12 4,539$ 4,539$ 4,539$ 4,539$ 4,539$ 4,539$ 4,539$ 4,539$ 4,539$ 4,539$ 4,539$ 4,539$ -$ -$
-$
-$
-$
-$
Subtotal 340,892$ 340,892$ -$ -$ 23,741$ 23,741$ 23,741$ 23,741$ 23,741$ 29,041$ 29,041$ 29,041$ 29,041$ 29,041$ 38,491$ 38,491$ -$ Contingency (__%)
Interest 107,156$ 14,245$ 13,350$ 12,410$ 11,423$ 10,387$ 10,625$ 9,242$ 7,791$ 6,268$ 4,666$ 4,463$ 2,286$ -$ Total 448,048$ -$ -$ 37,986$ 37,091$ 36,151$ 35,164$ 34,128$ 39,666$ 38,283$ 36,832$ 35,309$ 33,707$ 42,954$ 40,777$ -$ Foots
Processing (Baseline Throughput)
Pre-processing (Baseline Throughput)
CASP (Baseline Throughput)
Stormwater -$ -$ 37,986$ 37,091$ 36,151$ 35,164$ 34,128$ 39,666$ 38,283$ 36,832$ 35,309$ 33,707$ 42,954$ 40,777$ -$ -$ 37,986$ 37,091$ 36,151$ 35,164$ 34,128$ 39,666$ 38,283$ 36,832$ 35,309$ 33,707$ 42,954$ 40,777$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ ATTACHMENT T-15B: PROCESSING CAPITAL COSTS - BASELINE THROUGHPUT 2020$ - STORMWATER ATTACHMENT T-15B: PROCESSING CAPITAL COSTS - BASELINE THROUGHPUT 2020$ - STORMWATER Attachment T, Page 43 of 69 Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

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Attachment T-16 4/10/2023
t
LABOR Annual Salary
Number of
FTEs Annual Cost 2021 2022 2023 2024 2025 2026 2027 2028 Salaries (by labor category)
General Manager
Manager, Recycling
Lab Technician/Regulatory Compliance -
Administrative Assistant
Customer Service (Scale house)
Composting Equipment Operator -
Composting Sorter/Processor
Clean MRF Sorter/Processor
Clean MRF Equipment Operator
Wood Processing Equipment Operator
C&D Processing (S.Sep.) Equipment Operator
C&D Processing (Mixed) Sorter/Processor
C&D Processing (Mixed) Equipment Operator
Residential Food Waste Equipment Operator
Mechanics
Mechanics Helper
Subtotal -
Fringe Benefits
Total -
Leased Equipment
Trailer/Lab equipment
Total -
Other Operating Expenses
Water and Sewer
Supplies
Outside Services
Parts 75,000
Maintenance 55,000
Tires
Oil & Filters
Licenses - DMV
Permits
Taxes, Property 11,048
Business Licenses 100
Insurance
Property 35,866
Liability
Pollution
Worker's Comp
Vehicle
ATTACHMENT T-16: PROCESSING O&M COSTS - BASELINE THROUGHPUT - PRE- PROCESSING 2020$
Current Annual Costs (Jan-Dec)
Changed from $66,000 to
$75,000 per G. Kelley
provided file
Changed from $24,000 to
$55,000 per G. Kelley
provided file
ATTACHMENT T-16: PROCESSING O&M COSTS - BASELINE THROUGHPUT - PRE-PROCESSING 2020$ Attachment T, Page 44 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 447 of 712 ends

Attachment T-16 4/10/2023
t
ATTACHMENT T-16: PROCESSING O&M COSTS - BASELINE THROUGHPUT - PRE- PROCESSING 2020$
Current Annual Costs (Jan-Dec)
Engineering and lab services
Fire inspection fees
Payroll service
First Aid Costs
Management Fee
Disposal:

Tires
Waste Oil
eWaste
Total 177,014

SUMMARY
Labor -
Leased Equipment -
O&M 177,014
Subtotal 177,014
Contingency (__%)
Total 177,014
Costs - Reimbursed at Current Costs
Electricity
Fuel
Attachment T-16, p.2 Attachment T, Page 45 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

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Attachment T-16B 4/10/2023
t
Capital Cost Item Cost
Amortized
Annual Cost
Year
Purchased
Year
Replacement or
Refurbished
Economic
Life
(years)
Year 1 (2018) Year 2 (2019) Year 3 (2020) Year 4 (2021) Year 5 (2022) Year 6 (2023) Year 7 (2024) Year 8 (2025) Year 9 (2026) Year 10 (2027)
Year 11
(2028)
Year 12
(2029)
Year 13
(2030)
Year 14
(2031)
Capital Improvements
Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Fixed Equipment
-$
-$
-$
Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Rolling Stock
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Other Costs
Electrical connection 35,000$ 35,000$ 2020 11 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ -$ Removal of old equipment 7,800$ 7,800$ 2020 1 7,800$ -$ -$
-$
-$
-$
-$
-$
-$
-$
Subtotal 42,800$ 42,800$ -$ -$ -$ 10,982$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ -$ Contingency (__%)
Interest -$
Total 42,800$ -$ -$ -$ 10,982$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ -$ Foots
Processing (Baseline Throughput) 35,000$
Pre-processing (Baseline Throughput) (772,212)$
CASP (Baseline Throughput)
Stormwater -$ -$ -$ 10,982$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ -$ -$ -$ 10,982$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ 3,182$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ ATTACHMENT T-16B: PROCESSING CAPITAL COSTS - BASELINE THROUGHPUT 2020$ - PRE-PROCESING ATTACHMENT T-16B: PROCESSING CAPITAL COSTS - BASELINE THROUGHPUT 2020$ - PRE-PROCESING Attachment T, Page 46 of 69 Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

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t
LABOR Annual Salary
Number of
FTEs Annual Cost
Salaries (by labor category)
General Manager
Manager, Recycling
Lab Technician/Regulatory Compliance -
Administrative Assistant
Customer Service (Scale house)
Composting Equipment Operator 77,506 2 155,012
Composting Sorter/Processor
Clean MRF Sorter/Processor
Clean MRF Equipment Operator
Wood Processing Equipment Operator
C&D Processing (S.Sep.) Equipment Operator
C&D Processing (Mixed) Sorter/Processor
C&D Processing (Mixed) Equipment Operator
Residential Food Waste Equipment Operator
Mechanics
Mechanics Helper
Subtotal 155,012
Fringe Benefits 114,372
Total 269,384
Leased Equipment
Trailer/Lab equipment
Total -
Other Operating Expenses
Supplies
Outside Services
Parts 120,000
Maintenance 243,727
Tires
Oil & Filters
Licenses - DMV
Permits 1,251
Taxes, Property 28,415
Business Licenses
Insurance
Property 101,114
Liability
Pollution
Worker's Comp
Vehicle
Engineering and lab services
Fire inspection fees
Payroll service 360
First Aid Costs
Management Fee
Disposal:

Tires
Waste Oil
eWaste
Total 494,867

SUMMARY
Labor 269,384
Leased Equipment -
O&M 494,867
Subtotal 764,251
Contingency (__%)
Total 764,251
Costs - Reimbursed at Current Costs
Electricity 30,000
Fuel 81,120
1,252,738
ATTACHMENT T-17B: PROCESSING CAPITAL COSTS - BASELINE THROUGHPUT 2022$ - SB 1383
Current Annual Costs (Jan-Dec)
ATTACHMENT T-17B: PROCESSING CAPITAL COSTS - BASELINE THROUGHPUT 2022$ - SB 1383 Attachment T, Page 47 of 69 Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

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Capital Cost Item Cost
Amortized
Annual Cost
Year
Purchased
Year
Replacement or
Refurbished
Economic
Life
(years)
Year 1 (2018) Year 2 (2019) Year 3 (2020) Year 4 (2021) Year 5 (2022) Year 6 (2023) Year 7 (2024) Year 8 (2025) Year 9 (2026) Year 10 (2027)
Year 11
(2028)
Year 12
(2029)
Year 13
(2030)
Year 14
(2031)
Capital Improvements
Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Fixed Equipment
Optical Sorter (85%) 1,444,550$ 1,227,868$ 2024 8 153,483$ 153,483$ 153,483$ 153,483$ 153,483$ 153,483$ 153,483$ 153,487$ -$ -$ -$
-$ -$
Subtotal 1,444,550$ 1,227,868$ -$ -$ -$ -$ -$ -$ 153,483$ 153,483$ 153,483$ 153,483$ 153,483$ 153,483$ 153,483$ 153,487$ -$ Rolling Stock
Wheel Loader 312,995$ 312,995$ 2024 8 39,124$ 39,124$ 39,124$ 39,124$ 39,124$ 39,124$ 39,124$ 39,127$ -$ Excavator 323,895$ 323,895$ 2024 8 40,487$ 40,487$ 40,487$ 40,487$ 40,487$ 40,487$ 40,487$ 40,486$ -$ Trommel Screen 446,394$ 446,394$ 2024 8 55,799$ 55,799$ 55,799$ 55,799$ 55,799$ 55,799$ 55,799$ 55,801$ -$ -$
-$
-$
-$
-$
-$
-$
-$
Subtotal 1,083,284$ 1,083,284$ -$ -$ -$ -$ -$ -$ 135,410$ 135,410$ 135,410$ 135,410$ 135,410$ 135,410$ 135,410$ 135,414$ -$ Other Costs
-$ -$
-$ -$
-$
-$
-$
-$
-$
-$
-$
-$
Subtotal -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Contingency (__%)
Interest 414,092$ 88,474$ 78,700$ 68,584$ 58,113$ 47,276$ 36,060$ 24,451$ 12,434$ -$ Total 2,725,244$ -$ -$ -$ -$ -$ -$ 377,367$ 367,593$ 357,477$ 347,006$ 336,169$ 324,953$ 313,344$ 301,335$ -$ Foots
Processing (Baseline Throughput) 2,725,244$ 377,367$ 367,593$ 357,477$ 347,006$ 336,169$ 324,953$ 313,344$ 301,335$ -$ Pre-processing (Baseline Throughput)
CASP (Baseline Throughput)
Stormwater -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ 377,367$ 367,593$ 357,477$ 347,006$ 336,169$ 324,953$ 313,344$ 301,335$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ ATTACHMENT T-17B: PROCESSING CAPITAL COSTS - BASELINE THROUGHPUT 2022$ - SB 1383 Updated formula to
begin sum with B19
instead of B20 - KM
ATTACHMENT T-17B: PROCESSING CAPITAL COSTS - BASELINE THROUGHPUT 2022$ - SB 1383 Attachment T, Page 48 of 69 Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

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Series Id:

Series Title:

Area:

Item:

Base Period:

Years:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2012 236.880 238.985 239.806 241.170 242.834 239.533 239.650 238.099 241.201 2013 242.677 244.675 245.935 246.072 246.617 245.711 245.023 243.894 246.152 2014 248.615 251.495 253.317 253.354 254.503 252.273 251.985 250.507 253.463 2015 254.910 257.622 259.117 259.917 261.019 260.289 258.572 256.723 260.421 2016 262.600 264.565 266.041 267.853 270.306 269.483 266.344 263.911 268.777 2017 271.626 274.589 275.304 275.893 277.570 277.414 274.924 273.306 276.542 2018 281.308 283.422 286.062 287.664 289.673 289.896 285.550 282.666 288.435 2019 291.227 294.801 295.259 295.490 298.443 297.007 295.004 293.150 296.859 2020 299.690 298.074 300.032 300.182 301.736 302.948 300.084 299.109 301.059 2021 304.387 309.419 309.497 311.167 313.265 315.805 309.721 306.724 312.718 2022 320.195 324.878 330.539 328.871 332.062 331.222 327.060 323.408 330.711 Culculation for October 2021 to October 2022 Change:
313.265
332.062

18.797

6.0%

1.0%

0.5%

0.5%
Oct-22
CPI for All Urban Consumers (CPI-U)
Original Data Value
CUURS49BSA0
Not Seasonally Adjusted
All items in San Francisco-Oakland-Hayward, CA, all
San Francisco-Oakland-Hayward, CA
All items
1982-84=100
2012 to 2022
Oct-21
Difference:

Percentage Change (Increase):

Percentage Above 5.0%
City Share of Increase Above 5.0%
NRWS Share of Increase Above 5.0%
Non-Labor CPI Oct 21 to Oct 22 Attachment T, Page 49 of 69 Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

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t
CY2017 NRWS Fuel & Energy Costs Attachment T, Page 50 of 69 Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

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t
Est CY2018 NWRS Fuel & Energy Attachment T, Page 51 of 69 Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

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t
Est CY2019 NRWS Fuel Attachment T, Page 52 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

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t
Est CY2019 NRWS Energy Attachment T, Page 53 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

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ELECTRICITY
t
MONTH 820 Levitin CASP
Compost
Receiving Total Billed to City True - Up
Plus 3%
Profit
kwh 5566691058-7 kwh 5566691058-7 kwh 7703705571-0
Oct-19 17405.75743 4,744.61$ 6599.53966 4,345.42$ 9,090.03$ 55245.40097 14,909.05$ 19666.8 12,541.23$ 27,450.28$ 23,028.24$ 13,512.07$ 13,917.43$ Nov-19 11509.45853 3,106.05$ 4097.25 2,612.76$ 5,718.81$ 59583.7529 12,021.99$ 17970.12097 6,244.94$ 18,266.93$ 23,028.24$ 957.50$ 986.23$ Dec-19 17378.5946 3,506.42$ 4312.82903 1,498.78$ 5,005.20$ 58185.77574 11,933.02$ 23729.15323 8,689.87$ 20,622.89$ 23,028.24$ 2,599.85$ 2,677.85$ Jan-20 16970.85126 3,480.47$ 5694.99677 2,085.57$ 5,566.04$ 60125.3016 12,442.87$ 24520.125 10,500.79$ 22,943.66$ 31,375.30$ (2,865.60)$ (2,951.57)$ Feb-20 15031.3254 3,110.72$ 4904.025 2,100.16$ 5,210.88$ 52984.83766 11,220.26$ 24769.6875 6,329.38$ 17,549.64$ 31,375.30$ (8,614.78)$ (8,873.22)$ Mar-20 20733.19734 4,390.54$ 8256.5625 2,109.79$ 6,500.33$ 52496.83697 11,141.60$ 23376.24828 6,620.35$ 17,761.95$ 31,375.30$ (7,113.02)$ (7,326.41)$ Apr-20 16703.53903 3,545.06$ 6098.15172 1,727.05$ 5,272.11$ 56488.3392 12,804.79$ 22276.55 7,727.05$ 20,531.84$ 31,375.30$ (5,571.35)$ (5,738.49)$ May-20 14122.0848 3,201.20$ 5569.14 1,931.76$ 5,132.96$ 61279.40313 17,442.78$ 19460.27813 14,327.20$ 31,769.98$ 31,375.30$ 5,527.64$ 5,693.47$ Jun-20 17158.23288 4,883.98$ 5448.87788 4,011.62$ 8,895.60$ 55400.39503 16,315.08$ 29430.97931 14,312.48$ 30,627.56$ 31,375.30$ 8,147.86$ 8,392.30$ Jul-20 14452.27697 4,256.11$ 7677.62069 3,733.69$ 7,989.80$ 65654.60667 18,630.72$ 28045.5 14,413.70$ 33,044.42$ 31,375.30$ 9,658.92$ 9,948.69$ Aug-20 13130.92133 3,726.14$ 5609.1 2,882.74$ 6,608.88$ 69817.43151 20,343.14$ 36745.63862 10,323.28$ 22325.07931 14,580.08$ 45,246.50$ 31,375.30$ 20,480.08$ 21,094.48$ CASP 4/7/20 to 8/5/20 162727.62 42,724.48$ 42,724.48$ 0 42,724.48$ 44,006.21$ Sep-20 8055.85749 2,347.28$ 4239.88138 1,191.15$ 2575.97069 1,682.32$ 5,220.75$ 67726.21529 19,332.99$ 37272.04875 10,289.47$ 23056.01719 12,507.21$ 42,129.67$ 31,375.30$ 15,975.12$ 16,454.37$ 222,836.87$ 64,528.38$ 159,515.94$ 446,881.19$ 351,462.42$ 95,418.77$ 98,281.33$ 01-NRWS Fuel & Electricity Costs by Month - Oct 2019 thru Sept 2020

PG&E ACCOUNT NUMBERS
Est CY2020 NRWS Energy Attachment T, Page 54 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

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FUEL
t
Month Total Billed to City True - Up Plus 3% Profit
Qty (gal) Qty (gal) Qty (gal) Qty (gal) Qty (gal)
Oct-19 1319.594 4,801.22$ 241.13 910.77 $ -$ -$ - $ 5,711.99$ Oct-19 1630.436 5,919.61$ 151.37 561.32 $ 5305 15,784.59$ 1376.025 4,954.64$ 18165.58 48,110.81$ 75,330.97$ 68,490.47$ 12,552.49$ 12,929.06$ Nov-19 1148.721 4,372.56$ 130.69 484.23 $ -$ -$ - $ 4,856.79$ Nov-19 767.138 2,637.53$ 88.49 287.84 $ 4620 13,672.26$ -$ 17577.6 46,533.18$ 63,130.81$ 68,490.47$ (502.87)$ (517.96)$ Dec-19 942.8 3,072.97$ 29.05 91.71 $ -$ -$ - $ 3,164.68$ Dec-19 795.8 2,660.46$ 74.25 239.39 $ 5129 14,505.16$ 17619.73 46,657.25$ 64,062.26$ 68,490.47$ (1,263.53)$ (1,301.44)$ Jan-20 763.28 2,568.95$ 29.38 99.42 $ -$ 0 -$ 0 - $ 2,668.37$ Jan-20 958.61 3,171.57$ 49.51 162.21 $ 4615 13,019.66$ 35.075 129.74$ 18310.09 48,472.30 $ 64,955.48$ 70,471.24$ (2,847.39)$ (2,932.81)$ Feb-20 801.488 2,544.38$ 55.61 168.72 $ -$ 0 -$ 0 - $ 2,713.10$ Feb-20 829.021 2,609.71$ 56.29 180.13 $ 3973 10,578.33$ 0 -$ 15748.96 41,728.55$ 55,096.72$ 70,471.24$ (12,661.42)$ (13,041.26)$ Mar-20 837.188 2,492.32$ 102.3 301.15 $ -$ 0 -$ 0 - $ 2,793.47$ Mar-20 1025.962 2,803.10$ 18.18 35.15 $ 5020 12,672.05$ 0 -$ 17017.25 45,068.17$ 60,578.47$ 70,471.24$ (7,099.30)$ (7,312.28)$ Apr-20 835.066 2,201.58$ 23.22 38.09 $ -$ 0 -$ 0 - $ 2,239.67$ Apr-20 1027.457 2,592.01$ 58.07 117.21 $ 5285 9,061.28$ 0 -$ 15599.47 41,363.95$ 53,134.45$ 70,471.24$ (15,097.12)$ (15,550.03)$ May-20 1187.38 2,942.24$ 36.5 80.78 $ -$ 0 -$ 0 - $ 3,023.02$ May-20 1142.638 2,837.56$ 40.7 105.18 $ 4710 7,248.78$ 0 -$ 15427.63 40,883.22$ 51,074.74$ 70,471.24$ (16,373.48)$ (16,864.68)$ Jun-20 1343.945 3,484.99$ 47.41 126.77 $ -$ 0 -$ 0 - $ 3,611.76$ Jun-20 1170.878 3,134.57$ 46.03 123.97 $ 4935 9,476.36$ 70.376 253.28$ 17158.1 45,432.93$ 58,421.11$ 70,471.24$ (8,438.37)$ (8,691.52)$ Jul-20 991.01 2,682.48$ 93.15 261.00 $ -$ -$ 0 - $ 2,943.48$ Jul-20 1184.846 3,275.30$ 34.65 95.91 $ 4905 9,961.01$ 36.071 129.82$ 16444.16 43,570.45 $ 57,032.49$ 70,471.24$ (10,495.27)$ (10,810.13)$ Aug-20 1075.998 3,093.60$ 48 132.43 $ -$ -$ 0 - $ 3,226.03$ Aug-20 1088.942 3,175.18$ 0 - $ 5080 11,246.46 $ 70.391 253.35$ 13645.06 36,207.17 $ 50,882.16$ 70,471.24$ (16,363.05)$ (16,853.94)$ Sep-20 1302.182 3,600.52$ 0 - $ -$ 0 -$ 0 - $ 3,600.52$ Sep-20 1022.041 2,792.62$ 36.04 98.38 $ 4815 11,094.23$ 0 -$ 12578.86 33,403.18$ 47,388.41$ 70,471.24$ (19,482.31)$ (20,066.78)$ 25192.42 75,467.03$ 1490.02 4,701.76$ 58392 138,320.17$ 1587.938 5,720.83$ 195292.49 517,431.16$ 741,640.95$ 839,712.57$ (98,071.62)$ (101,013.77)$ 01-NRWS Fuel & Electricity Costs by Month - Oct 2019 thru Sept 2020 Hunt & Sons NVP NVP - Red Dye Diesel Clean Energy Allied CNG Est CY2020 NRWS Fuel Attachment T, Page 55 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

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RED DYE DIESEL
t
Date Invoice Gallons Inv Total
10/2/2019 633998 575 1,718.11$
10/7/2019 634317 600 1,816.40$
10/10/2019 634781 600 1,785.36$
10/14/2019 635166 625 1,870.88$
10/17/2019 635932 650 1,940.44$
10/21/2019 636178 650 1,917.63$
10/24/2019 636585 475 1,397.50$
10/28/2019 637563 670 1,971.22$
10/31/2019 637770 460 1,367.05$
5305 15,784.59$
11/4/2019 638596 675 2,004.12$
11/7/2019 638971 500 1,489.95$
11/11/2019 639234 550 1,638.95$
11/14/2019 639521 500 1,473.96$
11/18/2019 640045 625 1,852.29$
11/21/2019 640421 650 1,922.52$
11/25/2019 640728 825 2,428.49$
11/27/2019 641263 295 861.98$
4620 13,672.26$
12/2/2019 641991 825 2,398.78$
12/5/2019 642346 700 2,035.33$
12/9/2019 642714 500 1,426.06$
12/12/2019 642948 725 2,036.55$
12/16/2019 643555 470 1,318.12$
12/19/2019 643578 580 1,625.67$
12/23/2019 644023 450 1,261.93$
12/27/2019 644305 564 1,532.94$
12/30/2019 644443 315 869.78$
5129 14,505.16$
1/2/2020 645092 200 550.07$
1/6/2020 645281 500 1,407.26$
1/8/2020 646116 600 1,695.50$
1/13/2020 646407 650 1,836.79$
1/16/2020 647073 500 1,408.77$
1/20/2020 647294 525 1,496.18$
1/23/2020 647672 500 1,415.88$
1/27/2020 647827 640 1,810.25$
1/30/2020 648150 500 1,398.96$
4615 $13,019.66
2/3/2020 648912 500 1,409.74$
2/6/2020 649064 400 1,109.47$
2/10/2020 649532 400 1,109.47$
2/13/2020 649767 500 1,382.81$
2/18/2020 650419 700 1,766.46$
2/20/2020 650602 483 1,220.01$
2/25/2020 651007 565 1,464.52$
2/27/2020 651227 425 1,115.85$
3973 10,578.33$
3/2/2020 651960 475 1,247.13$
01-NRWS Fuel & Electricity Costs by Month - Oct 2019 thru Sept 2020 Est CY2020 NRWS Red Dye Diesel
Attachment T, Page 56 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 459 of 712 ends

3/5/2020 652586 475 1,260.52$
3/9/2020 652772 600 1,576.96$
3/12/2020 653060 675 1,774.08$
3/16/2020 653659 550 1,403.29$
3/19/2020 653960 425 1,066.64$
3/23/2020 654285 595 1,439.35$
3/26/2020 654548 725 1,728.59$
3/30/2020 654967 500 1,175.49$
5020 12,672.05$
4/2/2020 656136 550 1,268.39$
4/6/2020 656399 650 1,350.62$
4/9/2020 656771 570 1,026.90$
4/13/2020 656956 440 792.69$
4/16/2020 657590 700 1,261.10$
4/20/2020 657751 600 1,073.36$
4/23/2020 658033 550 718.26$
4/27/2020 658212 625 811.77$
4/30/2020 658518 600 758.19$
5285 9061.28
5/4/2020 659516 600 777.98$
5/7/2020 659832 670 902.14$
5/11/2020 660019 600 857.95$
5/14/2020 660293 540 828.18$
5/18/2020 660785 700 1,095.75$
5/21/2020 661093 475 787.05$
5/26/2020 661269 700 1,223.75$
5/28/2020 661466 425 775.98$
4710 7,248.78$
6/1/2020 662037 700 1,267.79$
6/4/2020 662263 500 910.15$
6/8/2020 662583 525 978.36$
6/11/2020 662840 500 981.54$
6/15/2020 663334 575 1,111.11$
6/18/2020 663596 500 986.99$
6/22/2020 663754 550 1,094.58$
6/25/2020 664001 485 953.46$
6/29/2020 664162 600 1,192.38$
4935 9,476.36$
7/2/2020 664997 465 924.11$
7/6/2020 665104 660 1,316.95$
7/9/2020 665342 525 1,037.77$
7/13/2020 665552 550 1,119.63$
7/16/2020 666122 570 1,158.26$
7/20/2020 666287 650 1,333.08$
7/23/2020 666495 500 1,028.14$
7/27/2020 666631 660 1,366.02$
7/30/2020 666818 325 677.05$
4905 9,961.01$
8/3/2020 667743 645 1,343.68$
8/6/2020 668075 510 1,073.42$
8/10/2020 668184 575 1,272.19$
8/13/2020 668509 625 1,396.29$
8/17/2020 669010 625 1,403.03$
Attachment T, Page 57 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 460 of 712 ends

8/20/2020 669337 475 1,066.31$
8/24/2020 669544 550 1,249.45$
8/27/2020 669864 475 1,079.07$
8/31/2020 670507 600 1,363.02$
5080 11,246.46$
9/3/2020 671047 565 1,297.49$
9/8/2020 671207 625 1,455.48$
9/10/2020 671617 450 1,034.61$
9/14/2020 672099 550 1,267.25$
9/17/2020 672339 800 1,843.27$
9/21/2020 672509 700 1,605.42$
9/24/2020 672865 575 1,326.42$
9/28/2020 673047 550 1,264.29$
4815 11,094.23$
Attachment T, Page 58 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 461 of 712 ends

ELECTRICITY
t
MONTH 820 Levitin CASP
Compost
Receiving Total Billed to City True - Up
Plus 3%
Profit
kwh 5566691058-7 kwh 5566691058-7 kwh 7703705571-0
Oct-20 12541.89172 3,580.18$ 6902.23125 1,905.46$ 4269.63281 2,316.15$ 7,801.79$ 67117.73553 18,548.28$ 35444.812 8,694.17$ 9241.4426 5,226.18$ 32,468.63$ 31,375.30$ 8,895.12$ 9,161.97$ Nov-20 10325.80547 2,853.58$ 5453.048 1,337.57$ 1421.7604 804.03$ 4,995.18$ 65617.59913 13,709.18$ 35261.1675 8,650.42$ 28943.11875 8,660.13$ 31,019.73$ 31,375.30$ 4,639.61$ 4,778.80$ Dec-20 15142.52288 3,163.66$ 8137.1925 1,996.25$ 6679.18125 1,998.49$ 7,158.40$ 64463.74839 13,682.22$ 34486.74194 8,456.76$ 40144.59677 10,875.20$ 33,014.18$ 31,375.30$ 8,797.28$ 9,061.20$ Jan-21 15471.29961 3,283.73$ 8276.81806 2,029.62$ 9634.70323 2,610.05$ 7,923.40$ 67451.51121 14,973.25$ 33443.53448 8,196.72$ 29174.74138 10,198.96$ 33,368.93$ 37,240.10$ 4,052.23$ 4,173.80$ Feb-21 10792.24179 2,395.72$ 5350.96552 1,311.47$ 4667.95862 1,631.83$ 5,339.02$ 61418.544 13,678.49$ 30542.13 7,544.16$ 35754.525 10,357.52$ 31,580.17$ 37,240.10$ (320.91)$ (330.54)$ Mar-21 20472.848 4,559.50$ 10180.71 2,514.72$ 11918.175 3,452.51$ 10,526.73$ 57948.89905 13,909.69$ 38984.172 9,838.82$ 31901.46 9,252.60$ 33,001.11$ 37,240.10$ 6,287.74$ 6,476.37$ Apr-21 17636.62145 4,233.38$ 11864.748 2,994.42$ 9709.14 2,816.01$ 10,043.81$ 58115.30789 13,622.60$ 34259.11862 8,643.42$ 33088.83103 9,306.30$ 31,572.32$ 37,240.10$ 4,376.03$ 4,507.31$ May-21 15160.51511 3,553.72$ 8937.16138 2,254.80$ 8631.86897 2,427.73$ 8,236.25$ 54050.09532 13,363.39$ 31208.90625 8,118.42$ 30859.10156 10,660.45$ 32,142.26$ 37,240.10$ 3,138.41$ 3,232.56$ Jun-21 15134.02669 3,741.74$ 8738.49375 2,273.16$ 8640.54844 2,984.92$ 8,999.82$ 52876.36367 14,956.04$ 30324.856 8,858.37$ 30928.1 15,179.95$ 38,994.36$ 37,240.10$ 10,754.08$ 11,076.70$ Jul-21 16092.80633 4,551.84$ 9229.304 2,696.02$ 9412.9 4,619.99$ 11,867.85$ 54441.31913 15,187.82$ 31716.9 9,276.80$ 33144.1875 15,262.14$ 39,726.76$ 37,240.10$ 14,354.51$ 14,785.15$ Aug-21 18147.10638 5,062.61$ 10572.3 3,092.27$ 11048.0625 5,087.38$ 13,242.26$ 49872.0684 15,766.78$ 27993.254 8,220.74$ 33886.36 17,349.00$ 41,336.52$ 37,240.10$ 17,338.68$ 17,858.84$ Sep-21 16278.4556 4,798.59$ 8519.686 2,501.97$ 10313.24 5,280.13$ 12,580.69$ 65048.2784 19,014.67$ 29906.78897 8,162.68$ 34600.53062 15,671.89$ 42,849.24$ 37,240.10$ 18,189.83$ 18,735.52$ 226,190.66$ 129,569.21$ 174,029.54$ 529,789.41$ 429,286.80$ 100,502.61$ 103,517.69$ 01-2021-NRWS Fuel & Electricity Costs by Month - Oct 2020 thru Sept 2021

PG&E ACCOUNT NUMBERS
Est 2021 NRWS Energy Attachment T, Page 59 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 462 of 712 ends

01-NRWS Fuel & Electricity Costs by Month - Oct 2020 thru Sept 2021 FUEL
t
Month Total Billed to City True - Up Plus 3% Profit
Qty (gal) Qty (gal) Qty (gal) Qty (gal) Qty (gal)
Oct-20 1025.385 2,792.87$ 24.13 69.97 $ -$ 0 -$ 0 - $ 2,862.84$ Oct-20 954.476 2,641.04$ 38.66 107.21 $ 5410 14,434.84$ 0 -$ 14287.01 37,909.15$ 55,092.24$ 70,471.24$ (12,516.16)$ (12,891.64)$ Nov-20 963.746 2,723.96$ 27.49 73.13 $ -$ 0 -$ 0 - $ 2,797.09$ Nov-20 988.349 2,894.47$ 0 - $ 5848 12,844.16 $ 0 -$ 16942.52 44,889.81$ 60,628.44$ 70,471.24$ (7,045.71)$ (7,257.08)$ Dec-20 1080.415 3,223.24$ 0 - $ -$ 0 -$ 0 - $ 3,223.24$ Dec-20 833.023 2,544.73$ 0 - $ 4100 10,795.85 $ 17.011 61.22$ 18034.93 47,761.91 $ 61,163.71$ 70,471.24$ (6,084.29)$ (6,266.82)$ Jan-21 689.251 2,123.50$ 0 - $ -$ 0 - $ 2,123.50$ Jan-21 1259.019 3,971.36$ 0 - $ 4155 10,039.74 $ 0 -$ 15825.58 41,944.12$ 55,955.22$ 62,727.93$ (4,649.21)$ (4,788.69)$ Feb-21 931.29 3,030.27$ 0 - $ 3,030.27$
Feb-21 684.947 2,348.00$ 38.48 127.86 $ 5175 13,516.61$ 0 -$ 14924.17 39,577.86$ 55,570.33$ 62,727.93$ (4,127.33)$ (4,251.15)$ Mar-21 986.569 3,478.92$ 0 - $ 0 - $ 3,478.92$
Mar-21 957.079 3,385.78$ 0 - $ 5035 14,594.53 $ 0 -$ 47905 49,093.02$ 67,073.33$ 62,727.93$ 7,824.32$ 8,059.05$ Apr-21 975.661 3,434.07$ 0 - $ 3,434.07$
Apr-21 1047.969 3,706.02$ 10.87 40.31 $ 4820 13,651.54$ 0 -$ 16939.1 44,846.27$ 62,244.14$ 62,727.93$ 2,950.28$ 3,038.79$ May-21 911.557 3,333.25$ 0 - $ 0 - $ 3,333.25$
May-21 1162.769 4,308.81$ 0 - $ 4175 12,568.15 $ 0 -$ 16206.29 42,924.02$ 59,800.98$ 62,727.93$ 406.30$ 418.49$ Jun-21 1106.521 4,251.49$ 0 - $ 4,251.49$
Jun-21 1309.972 5,056.60$ 0 - $ 4440 14,241.91 $ 0 -$ 17335.54 45,914.91$ 65,213.42$ 62,727.93$ 6,736.98$ 6,939.09$ Jul-21 1120.348 4,375.69$ 25.62 99.11 $ 4,474.80$
Jul-21 1071.598 4,223.94$ 0 - $ 4600 15,003.67 $ 100.034 375.03$ 17527.48 46,399.80 $ 66,002.44$ 62,727.93$ 7,749.31$ 7,981.79$ Aug-21 966.61 4,033.50$ 7.37 30.60 $ 4,064.10$
Aug-21 1245.666 4,881.54$ 0 - $ 4140 14,219.27 $ 0 -$ 17822.21 47,184.30$ 66,285.11$ 62,727.93$ 7,621.28$ 7,849.92$ Sep-21 1048.395 4,099.12$ 0 - $ 4,099.12$
Sep-21 1172.909 4,679.53$ 0 - $ 5180 17,370.89 $ 0 -$ 18525.22 49,028.85$ 71,079.27$ 62,727.93$ 12,450.46$ 12,823.97$ Oct-21 -$
Oct-21 -$ -$ -$
Nov-21 -$
Nov-21 -$ -$ -$
Dec-21 -$
Dec-21 -$ -$ -$
24493.52 85,541.70$ 172.62 548.19$ 57078 163,281.16$ 117.045 436.25$ 232275.05 537,474.02$ 787,281.32$ 775,965.09$ 11,316.23$ 11,655.72$ Hunt & Sons NVP NVP - Red Dye Diesel Clean Energy Allied CNG Est NRWS Fuel 10-20 to 9-21 Attachment T, Page 60 of 69 Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 463 of 712 ends

01-NRWS Fuel & Electricity Costs by Month - Oct 2020 thru Sept 2021

RED DYE DIESEL
t
Date Invoice Gallons Inv Total
10/1/2020 674011 425 987.27 $
10/5/2020 674398 750 1,742.23$
10/8/2020 674651 770 1,784.52$
10/12/2020 674930 550 1,267.25$
10/15/2020 675554 815 1,855.88$
10/19/2020 675804 500 1,012.04$
10/22/2020 676093 775 1,704.26$
10/26/2020 676281 825 1,803.10$
10/29/2020 677086 1045 2,278.29$
6455 14,434.84$
11/2/2020 677645 770 1,678.73$
11/5/2020 677848 945 2,039.92$
11/9/2020 678139 675 1,471.63$
11/12/2020 678232 1000 2,158.64$
11/16/2020 679060 573 1,280.11$
11/19/2020 679232 525 1,161.57$
11/23/2020 679464 475 1,053.51$
11/25/2020 679990 335 741.19 $
11/30/2020 680079 550 1,258.86$
5848 12,844.16$
12/3/2020 680838 550 1,266.10$
12/7/2020 681051 525 1,191.58$
12/10/2020 681566 550 1,248.32$
12/14/2020 682080 425 964.61 $
12/17/2020 682356 570 1,296.79$
12/21/2020 682502 500 1,164.47$
12/24/2020 682829 500 1,183.32$
12/28/2020 682940 400 945.85 $
12/31/2020 683555 650 1,534.81$
4670 10,795.85$
1/4/2021 683986 300 705.14 $
1/7/2021 684247 575 1,356.43$
1/11/2021 684443 600 1,429.29$
1/14/2021 684769 500 1,194.09$
1/18/2021 685252 500 1,213.17$
1/21/2021 685571 580 1,426.03$
1/25/2021 685832 600 1,487.86$
1/28/2021 686125 500 1,227.73$
4155 10,039.74$
2/1/2021 686697 750 1,877.93$
2/4/2021 686874 650 1,627.55$
2/8/2021 687622 775 1,990.65$ Est CY2021 NRWS Red Dye Diesel Attachment T, Page 61 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 464 of 712 ends

2/11/2021 687954 550 1,417.76$
2/16/2021 688537 725 1,898.94$
2/18/2021 688774 475 1,254.37$
2/22/2021 688959 550 1,493.02$
2/25/2021 689388 700 1,956.39$
5175 13,516.61$
3/1/2021 690354 750 2,099.37$
3/4/2021 690538 450 1,259.62$
3/8/2021 690905 500 1,430.56$
3/11/2021 691344 635 1,847.26$
3/15/2021 691923 500 1,449.15$
3/18/2021 692345 500 1,486.33$
3/22/2021 692557 500 1,479.86$
3/25/2021 692987 650 1,925.21$
3/29/2021 693187 550 1,617.17$
5035 14,594.53$
4/1/2021 697217 525 1,504.07$
4/5/2021 697411 525 1,504.07$
4/8/2021 697747 500 1,421.68$
4/12/2021 697902 675 1,926.54$
4/15/2021 698583 575 1,613.25$
4/19/2021 698837 450 1,277.08$
4/22/2021 699179 600 1,683.37$
4/26/2021 699386 445 1,248.51$
4/29/2021 700082 525 1,472.97$
4820 13,651.54$
5/3/2021 700521 525 1,515.38$
5/6/2021 701153 475 1,371.53$
5/10/2021 701328 525 1,549.32$
5/13/2021 701551 450 1,342.53$
5/17/2021 702146 525 1,600.25$
5/20/2021 702429 525 1,622.87$
5/24/2021 702642 550 1,706.08$
5/27/2021 702914 600 1,860.19$
4175 12,568.15$
6/1/2021 703893 600 1,869.76$
6/3/2021 704035 265 828.15 $
6/7/2021 704196 475 1,506.18$
6/10/2021 704485 525 1,673.21$
6/14/2021 704680 450 1,453.57$
6/17/2021 705278 550 1,779.25$
6/21/2021 705455 550 1,780.44$
6/24/2021 705720 500 1,621.01$
6/28/2021 706015 525 1,730.34$
4440 14,241.91$
7/1/2021 706951 675 2,203.65$
7/6/2021 707103 675 2,200.01$
7/8/2021 707246 350 1,140.36$
7/12/2021 707479 350 1,130.17$
Attachment T, Page 62 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 465 of 712 ends

7/15/2021 708076 575 1,876.56$
7/19/2021 708236 550 1,794.38$
7/22/2021 708513 375 1,209.69$
7/26/2021 708707 625 2,018.33$
7/29/2021 708900 425 1,430.52$
4600 15,003.67$
8/2/2021 709722 425 1,463.95$
8/5/2021 709991 500 1,727.69$
8/9/2021 710194 370 1,295.42$
8/12/2021 710462 470 1,649.09$
8/16/2021 710970 500 1,747.62$
8/19/2021 711266 425 1,444.07$
8/23/2021 711460 475 1,605.27$
8/26/2021 711742 475 1,613.96$
8/30/2021 711942 500 1,672.20$
4140 14,219.27$
9/2/2021 712917 575 1,949.04$
9/7/2021 713057 665 2,219.01$
9/9/2021 713251 350 1,168.64$
9/13/2021 713517 600 2,006.62$
9/16/2021 714077 625 2,093.61$
9/20/2021 714330 650 2,173.84$
9/23/2021 714654 550 1,833.49$
9/27/2021 714913 600 2,006.62$
9/30/2021 715574 565 1,920.02$
5180 17,370.89$
10/4/2021 716041 650 2,215.86$
10/7/2021 716420 475 1,675.64$
10/11/2021 716633 470 1,664.11$
Attachment T, Page 63 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 466 of 712 ends

ELECTRICITY
MONTH 820 Levitin CASP
Compost
Receiving Total Billed to City True - Up
Plus 3%
Profit
kwh 5566691058-7 kwh 5566691058-7 kwh 7703705571-0
Oct-21 16969.1161 4,960.36$ 7801.77103 2,129.39$ 9026.22538 4,088.32$ 11,178.07$ 61466.26422 15,256.04$ 31971.93103 9,809.49$ 37468.18966 12,543.47$ 37,609.00$ 37,240.10$ 11,546.97$ 11,893.38$ Nov-21 9834.60228 2,440.97$ 5115.50897 1,569.52$ 5994.91034 2,006.96$ 6,017.45$ 74037.444 17,705.41$ 32444.24625 8,464.56$ 41144.14688 12,248.56$ 38,418.53$ 37,240.10$ 7,195.88$ 7,411.76$ Dec-21 17085.564 4,085.86$ 7487.13375 1,953.36$ 9494.80313 2,826.59$ 8,865.81$ 73767.33577 19,643.24$ 32739.51724 7,303.59$ 43524.56897 12,986.11$ 39,932.94$ 37,240.10$ 11,558.65$ 11,905.41$ Jan-22 11802.77373 3,142.92$ 5238.32276 1,168.58$ 6963.93793 2,077.78$ 6,389.28$ 82670.8482 23,447.79$ 32328.396 7,705.13$ 15871.14 10,677.01$ 41,829.93$ 44,149.12$ 4,070.09$ 4,192.19$ Feb-22 9185.6498 2,605.31$ 3592.044 856.13$ 1763.46 1,186.33$ 4,647.77$ 71321.91679 20,019.26$ 29384.4375 6,372.13$ 32322.77344 11,433.48$ 37,824.87$ 44,149.12$ (1,676.48)$ (1,726.77)$ Mar-22 19970.1367 5,605.39$ 8227.6425 1,784.20$ 9050.37656 3,201.37$ 10,590.96$ 70666.8184 18,245.38$ 28834.944 6,633.40$ 40476.24 13,461.26$ 38,340.04$ 44,149.12$ 4,781.88$ 4,925.34$ Apr-22 17666.7046 4,561.35$ 7208.736 1,658.35$ 10119.06 3,365.31$ 9,585.01$ 65511.03186 17,764.63$ 27000.446 5,752.49$ 38501.13103 11,743.97$ 35,261.09$ 44,149.12$ 696.98$ 717.89$ May-22 13648.13164 3,700.96$ 5625.0931 1,198.44$ 8021.06897 2,446.66$ 7,346.06$ 79498.05256 21,210.37$ 29437.395 6,464.13$ 46215.975 13,560.27$ 41,234.77$ 44,149.12$ 4,431.71$ 4,564.66$ Jun-22 18345.70444 4,894.70$ 6793.245 1,491.72$ 10665.225 3,129.29$ 9,515.71$ 71799.9016 22,175.32$ 31175.232 7,958.66$ 37917.36 20,364.74$ 50,498.72$ 44,149.12$ 15,865.31$ 16,341.27$ Jul-22 17949.9754 5,543.83$ 7793.808 1,989.67$ 9479.34 5,091.19$ 12,624.69$ 77180.76719 22,746.13$ 30630.5625 7,808.78$ 43321.40625 21,814.29$ 52,369.20$ 44,149.12$ 20,844.77$ 21,470.11$ Aug-22 21610.61481 6,368.92$ 8576.5575 2,186.46$ 12129.99375 6,108.00$ 14,663.38$ 71539.1632 21,924.90$ 30087.072 7,705.52$ 38717.04 19,124.63$ 48,755.05$ 44,149.12$ 19,269.31$ 19,847.39$ Sep-22 17884.7908 5,481.23$ 7521.768 1,926.38$ 9679.26 4,781.16$ 12,188.77$ 77274.46014 23,140.05$ 25664.07724 6,584.76$ 39106.67586 17,322.78$ 47,047.59$ 44,149.12$ 15,087.24$ 15,539.86$ 296,670.32$ 108,474.84$ 217,589.53$ 622,734.69$ 509,062.38$ 113,672.31$ 117,082.48$ 01-NRWS Fuel & Electricity Costs by Month

PG&E ACCOUNT NUMBERS
NRWS Energy 10-21 to 9-22 Attachment T, Page 64 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 467 of 712 ends

01-2022-NRWS Fuel & Electricity Costs by Month
FUEL
Month Total Billed to City True - Up Plus 3% Profit
Qty (gal) Qty (gal) Qty (gal) Qty (gal) Qty (gal)
Oct-21 1343.047 5,618.37$ 33.59 138.19 $ 5,756.56$
Oct-21 865.08 3,820.32$ 0 - $ 3970 14,371.21 $ 0 -$ 17398.71 46,063.08$ 64,254.61$ 62,727.93$ 7,283.24$ 7,501.74$ Nov-21 776.939 3,477.68$ 0 - $ 3,477.68$
Nov-21 926.065 4,151.07$ 0 - $ 5070 19,815.03 $ 0 -$ 18273.83 48,365.63$ 72,331.73$ 62,727.93$ 13,081.48$ 13,473.92$ Dec-21 1218.319 5,091.26$ 0 - $ 5,091.26$
Dec-21 1019.724 4,295.46$ 0 - $ 5280 20,166.71 $ 0 -$ 18375.61 48,647.59$ 73,109.76$ 62,727.93$ 15,473.09$ 15,937.28$ Jan-22 997.448 4,263.44$ 0 - $ 4,263.44$
Jan-22 1072.119 4,731.09$ 0 - $ 7240 28,303.98 $ 0 -$ 16522.29 43,759.29$ 76,794.36$ 65,606.78$ 15,451.02$ 15,914.55$ Feb-22 871.227 4,011.06$ 19.24 83.41 $ 4,094.47$
Feb-22 671.124 3,123.18$ 22.55 99.06 $ 7490 30,843.39$ 0 -$ 15135.94 40,108.73$ 74,174.36$ 65,606.78$ 12,662.05$ 13,041.91$ Mar-22 835.311 4,643.02$ 0 - $ 4,643.02$
Mar-22 1204.994 7,593.32$ 0 - $ 5790 31,467.64 $ 66.994 308.10$ 16944.13 44,844.33 $ 84,213.39$ 65,606.78$ 23,249.63$ 23,947.12$ Apr-22 971.402 5,892.07$ 49.27 258.72 $ 6,150.79$
Apr-22 1204.994 7,593.32$ 21.73 133.02 $ 4920 26,341.94$ 0 -$ 15590.14 41,298.28$ 75,366.56$ 65,606.78$ 15,910.57$ 16,387.89$ May-22 885.751 5,395.82$ 55.62 328.39 $ 5,724.21$
May-22 984.176 6,191.59$ 44.82 281.37 $ 5405 29,792.59$ 0 18025.234 47,709.19$ 83,974.74$ 65,606.78$ 24,092.17$ 24,814.94$ Jun-22 898.681 6,125.94$ 21.14 146.29 $ 6,272.23$
Jun-22 1077.685 6,966.96$ 55.13 356.48 $ 4590 27,384.44$ 0 18272.92 48,362.94$ 83,070.82$ 65,606.78$ 23,736.27$ 24,448.36$ Jul-22 1221.865 7,497.01$ 15.44 73.88 $ 7,570.89$
Jul-22 992.477 5,739.61$ 0 - $ 4381 22,985.25 $ 0 16751.51 44,374.75$ 73,099.61$ 65,606.78$ 15,063.72$ 15,515.63$ Aug-22 1436.971 7,842.37$ 60.09 300.42 $ 8,142.79$
Aug-22 1447.452 8,201.86$ 0 - $ 5245 25,772.86 $ 0 -$ 18182.06 48,102.46$ 82,077.18$ 65,606.78$ 24,613.19$ 25,351.59$ Sep-22 1440.047 8,017.57$ 0 - $ 8,017.57$
Sep-22 1314.256 7,182.09$ 0 - $ 5700 29,685.78 $ 363.486 1,889.76$ 17249.02 45,659.88$ 84,417.51$ 65,606.78$ 26,828.30$ 27,633.15$ 25677.15 137,465.48$ 398.62 2,199.23$ 65081 306,930.82$ 430.48 2,197.86$ 206721.39 547,296.15$ 996,089.54$ 778,644.81$ 217,444.73$ 223,968.07$ Hunt & Sons NVP NVP - Red Dye Diesel Clean Energy Allied CNG NRWS Fuel 10-21 to 9-22 Attachment T, Page 65 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

Page 468 of 712 ends

01-2022-NRWS Fuel & Electricity Costs by Month

RED DYE DIESEL
Date Invoice Gallons Inv Total
10/4/2021 716041 650 2,215.86$
10/7/2021 716420 475 1,675.64$
10/11/2021 716633 470 1,664.11$
10/14/2021 716996 600 2,192.17$
10/18/2021 717801 450 1,667.11$
10/21/2021 718136 450 1,670.50$
10/25/2021 718375 400 1,495.07$
10/28/2021 718559 475 1,790.75$
3970 14,371.21$
11/1/2021 719624 600 2,294.32$
11/4/2021 719801 485 1,854.50$
11/8/2021 719947 475 1,852.07$
11/12/2021 720288 725 2,852.70$
11/15/2021 720699 295 1,155.06$
11/18/2021 721019 650 2,585.59$
11/22/2021 721259 600 2,396.40$
11/24/2021 721492 500 1,992.15$
11/26/2021 721587 195 767.07 $
11/29/2021 721697 545 2,065.17$
5070 19,815.03$
12/2/2021 722345 500 1,967.03$
12/6/2021 722878 600 2,344.04$
12/9/2021 723244 620 2,440.94$
12/13/2021 723443 695 2,689.72$
12/16/2021 724081 500 1,860.16$
12/20/2021 724344 875 3,353.33$
12/27/2021 724707 900 3,344.41$
12/30/2021 725342 590 2,167.08$
5280 20,166.71$
1/3/2022 725903 675 2,508.39$
1/6/2022 726266 650 2,446.02$
1/10/2022 726462 725 2,784.81$
1/13/2022 726835 825 3,208.03$
1/17/2022 727362 825 3,261.28$
1/20/2022 727701 770 3,039.70$
1/24/2022 727937 970 3,834.57$
1/27/2022 728259 800 3,171.15$
1/31/2022 728762 1000 4,050.03$
7240 28,303.98$
2/3/2022 729621 1000 4,050.03$
2/7/2022 729874 1000 4,037.10$
2/10/2022 730105 1150 4,769.06$
2/14/2022 730372 1065 4,432.63$ Red Dye Diesel 10-21 to 9-22 Attachment T, Page 66 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

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01-2022-NRWS Fuel & Electricity Costs by Month

RED DYE DIESEL
Date Invoice Gallons Inv Total
2/17/2022 730993 1025 4,267.26$
2/22/2022 731176 1025 4,216.46$
2/24/2022 731436 625 2,571.01$
2/28/2022 732048 600 2,499.84$
7490 30,843.39$
3/3/2022 732864 575 2,786.01$
3/7/2022 733296 700 3,768.79$
3/10/2022 737416 445 2,533.00$
3/14/2022 733951 575 3,145.73$
3/17/2022 734887 600 3,284.62$
3/21/2022 735189 750 4,110.63$
3/24/2022 735658 800 4,545.95$
3/28/2022 735954 695 3,822.75$
3/31/2022 736615 650 3,470.16$
5790 31,467.64$
4/4/2022 737269 425 2,268.05$
4/7/2022 737769 625 3,336.71$
4/11/2022 737840 650 3,424.64$
4/14/2022 738408 600 3,183.19$
4/18/2022 739229 725 3,891.67$
4/21/2022 739805 550 2,996.14$
4/25/2022 740128 600 3,220.04$
4/28/2022 740449 745 4,021.50$
4920 26,341.94$
5/2/2022 741211 520 2,817.71$
5/5/2022 741561 550 2,980.27$
5/9/2022 742197 550 2,969.49$
5/12/2022 743144 550 3,027.27$
5/16/2022 743237 625 3,436.03$
5/19/2022 743769 700 3,863.97$
5/23/2022 743959 600 3,315.46$
5/26/2022 744231 560 3,130.58$
5/31/2022 744701 750 4,251.81$
5405 29,792.59$
6/2/2022 745466 300 1,709.42$
6/6/2022 745588 575 3,420.81$
6/9/2022 745876 525 3,172.52$
6/13/2022 746022 650 3,927.87$
6/16/2022 746633 515 3,130.30$
6/20/2022 746700 400 2,416.53$
6/23/2022 746945 550 3,254.66$
6/27/2022 747451 550 3,255.79$
6/30/2022 747667 525 3,096.54$
4590 27,384.44$
Attachment T, Page 67 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

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01-2022-NRWS Fuel & Electricity Costs by Month

RED DYE DIESEL
Date Invoice Gallons Inv Total
7/5/2022 748112 650 3,723.16$
7/7/2022 748328 375 2,030.74$
7/11/2022 748504 500 2,675.33$
7/14/2022 750205 625 3,214.88$
7/18/2022 749198 450 2,304.96$
7/21/2022 749430 644 3,298.72$
7/25/2022 749616 557 2,860.30$
7/28/2022 749813 580 2,877.16$
4381 22,985.25$
8/1/2022 750477 500 2,480.32$
8/4/2022 750897 695 3,449.89$
8/8/2022 751062 525 2,530.80$
8/11/2022 751378 500 2,198.64$
8/15/2022 751902 550 2,662.57$
8/18/2022 752103 700 3,389.47$
8/22/2022 752265 525 2,570.40$
8/25/2022 752524 625 3,214.88$
8/29/2022 752701 625 3,275.89$
5245 25,772.86$
9/1/2022 753945 750 4,038.22$
9/6/2022 754128 775 4,180.56$
9/8/2022 754339 375 2,004.24$
9/12/2022 754474 725 3,833.94$
9/15/2022 755040 600 3,105.03$
9/19/2022 755245 650 3,343.95$
9/22/2022 755475 650 3,308.29$
9/26/2022 755686 475 2,376.59$
9/29/2022 756372 700 3,494.96$
5700 29,685.78$
Attachment T, Page 68 of 69
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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Inputs
YEAR 12-2017 (ACTUAL)
t
Fuel Fuel Series WPU05730302 (# 2 DIESEL)
Annual 2015 (p) 227
Annual 2016 (p) 179.4
Point Difference -47.6
Adjustment Factor -0.210
Fuel Series WPU0531 (Natural Gas)
Annual 2015 (p) 106.3
Annual 2016 (p) 96.6
Point Difference -9.7
Adjustment Factor -0.091
Fuel (Weighted Fuel Adjustment per Amendment 1) Fuel Type Fuel Indices Weighted
Average
18 diesel vehicles 0.72 Diesel -0.210 -0.151
7 CNG vehicles 0.28 CNG -0.091 -0.026
25 total vehicles -0.177
Fuel Adjustment Factor -0.177 -17.7%
CPI Labor - CPI Series CWUR0000SA0 (All Items)
Annual 2015 231.81
Annual 2016 234.076
Point Difference 2.266
Adjustment Factor 0.010 1.0%
PPI Other Operating - PPI Series WPUFD3500 (Finished Goods Less Food and Energy) (Discontinued) Annual 2015 (p) 192.3
Annual 2016 195.3
Point Difference 3
Adjustment Factor 0.016 1.6%
PPI
Annual 2015 (p) 192.3
Annual 2016 (October) 195.3
Point Difference 3
Adjustment Factor 0.016 1.6%
ATTACHMENT T: CPI- PPI (Year 12-2017) Attachment T, Page 69 of 69 Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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Attachment U Page 1 of 3
18911347.1

ATTACHMENT U

RECONCILIATION REVIEW PROCESS
The "Reconciliation Review Process" described herein and in Attachment U-1 will be performed every two years, beginning in 2022, pursuant to the Reconciliation Review Schedule in Tables 1A and 1B below. Except in the case of new programs, the Reconciliation Review Process will "look backward" to the most recent full year of customer data available to adjust for the actual increase or decrease in number of customers in residential, commercial, and roll off sectors. The most recent full year of customer data will be calculated based on the average of the actual number of customers in residential, commercial, and roll off sectors for the calendar year. P ayments made to Contractor, or credits allocated to City, based on the actuals from the previous calendar year, will be made according to the schedules set forth in Tables 1A and 1B below . T he base compensation paid to Contractor for commercial and residential service, will be adjusted for each subsequent two-year period, and the base compensation paid to Contractor for roll off service, will be adjusted for each subsequent year, as set forth in Attachment U -1. Commercial service review will include food scrap, recycling and yard trimmings routes.

Prior to initiating the first Reconciliation Review Process for 2021 , Contractor and City met and conferred to establish the threshold metrics for the 2021 Reconciliation Review Process (e.g., the number of residential households, the number of commercial "lifts," and the number of roll -off "pulls") and the compensation methodology to be used for additional growth (or reduction) in services provided by Contractor . The threshold metrics and compensation methodology for changes in service levels are set forth in Attachment U -1, Metrics & Methodology For Reconciliation Review . The CY2021 reconciliation payment (or deduct ion, if lower than comparison year) will occur by September 30, 2022. The same mutually agreed metrics will be employed for CY2022. The resulting payment or deduction will occur by December 31, 2022. As part of each subsequent Reconciliation Review Process, Contractor and City will review the threshold metrics and compensation methodology to determine if any changes are necessary.

The Napa Pipe development project will increase the number of residential households required to be serviced by Contractor. For each additional residential household, Contractor will be compensated pursuant to the compensation rate per household serviced (MSW) annual in Attachment U-1, Table U-1B, based upon the total of Napa Pipe Development households on MSW service reported in the monthly collection reports set forth in Attachment R.

Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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Attachment U Page 2 of 3 18911347.1
Potential Future Costs
In addition to adjustments in the Contractor's compensation due to increases or decreases in the number of customers in residential, commercial, and roll off sectors as set forth in Attachment U- 1, the following costs, while not presently known, are the only other costs eligible for consideration, should they arise during the term of the Agreement:

Cost increases that arise due to a change in applicable laws, regulations or permit conditions occurring after the execution date of the 2022 Amendment to the Agreement, and that were not expressly addressed by the parties prior to the execution of the 2022 Amendment to the Agreement or otherwise already compensated to Contractor by City through other provisions of this Agreement. Such cost increases will be agreed to in writing through the process set forth in Agreement Section 12.13.

Notwithstanding the potential future costs stated above, changes to the levels of service and corresponding compensation may be addressed through the process set forth in Agreement Sections 4.13 and 14.14.

Non-Compensable Costs
The following are non-compensable costs that will not be considered in the Reconciliation Review Process:

1. Any costs associated with the purchase, operation, repair, maintenance, or retrofit of Collection Vehicles, shop/MDF Vehicles/Rolling Stock, and equipment for compliance with BAAQMD regulations and/or permits.

2. Any costs related to construction, operation, maintenance, and retrofits to CASP, and the stormwater management system.1
1 Costs related to construction, operation, maintenance, and retrofits of the CASP and stormwater management system are fully adjusted as of January 2020.

Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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Attachment U Page 3 of 3 18911347.1
Table 1A: Reconciliation Review Schedule for Residential and Commercial Service Reconciliation
Review Year
Base Year
for
Comparison
Prior Year
for
Comparison
Effective Date of
City-Approved
Reconciliation
Review
Adjustments2
Reconciliation Review
Adjustment to be paid by
City to Contractor (lump
sum followed by
applicable monthly
payments to from City to
Contractor)
2021 2017 2019 January 1, 2021 October 31, 2022
2022 2019 2021 January 1, 2022 December 31, 2022
2024 2021 2023 January 1, 2024 July 31, 2024
2026 2023 2025 January 1, 2026 July 31, 2026
2028 2025 2027 January 1, 2028 July 31, 2028
2030 2027 2029 January 1, 2030 July 31, 2030
Table 1B: Reconciliation Review Schedule for Roll-Off Service Reconciliation
Review Year
Base Year
for
Comparison
Effective Date of
City-Approved
Reconciliation
Review
Adjustments3
Reconciliation Review
Adjustment to be paid by
City to Contractor (lump
sum for previous
calendar/contract year)
2019 2018 January 1, 2018 October 31, 2022
2020 2019 January 1, 2019 October 31, 2022
2021 2020 January 1, 2020 October 31, 2022
2022 2021 January 1, 2021 December 31, 2022
2023 2022 January 1, 2022 July 31, 2023
2024 2023 January 1, 2023 July 31, 2024
2025 2024 January 1, 2024 July 31, 2025
2026 2025 January 1, 2025 July 31, 2026
2027 2026 January 1, 2026 July 31, 2027
2028 2027 January 1, 2027 July 31, 2028
2029 2028 January 1, 2028 July 31, 2029
2030 2029 January 1, 2030 July 31, 2030
2031 2030 January 1, 2031 July 31, 2031
2 City approval of the Reconciliation Review adjustment is based on the City Council's delegated authority to the City Manager, as described in Article 14. 3 City approval of the Reconciliation Review adjustment is based on the City Council's delegated authority to the City Manager, as described in Article 14.

Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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18603575.7
ATTACHMENT U-1

METRICS & METHODOLOGY FOR RECONCILIATION REVIEW

A. PURPOSE

The purpose of this attachment is to describe the metrics (i.e., measurements) and methodology for the Reconciliation Review Process set forth in Attachment U – Reconciliation Review Process (Attachment U).

B. DESCRIPTION OF RECONCILIATION REVIEW GROWTH METRICS

Contractor is paid for growth in each of three lines of collection services (residential, commercial and roll -off service). For residential service, the metric is number of households served in a given time period as compared to the base year described in Attachment U and in this Attachment. For commercial service, the metric is number of “lifts” provided in a month as compared to the base year level of service described in Attachment U and in this Attachment . For roll -off service, the metric is number of “services” by roll-off collection vehicles in a given time period as compared to the base year level of service described in Attachment U and this Attachment. Pursuant to the 2018 Contract Amendment, all growth is measured against a base year level of compensation as described below.

C. RESIDENTIAL SERVICE METRIC AND METHODOLOGY

Growth in residential service is measured in number of households served (with Municipal Solid Waste or MSW service) and reported by Contractor to the City as part of Contractor’s monthly and annual reports compared to October 2017’s total number of households served (21,877) , which will serve as the base comparison. For each comparison year, that year’s October totals for households served will be compared to the October 2017 total number. Accordingly, the comparison for growth or reduction in residential service will be as follows:

Table U1A: Residential Service Growth Comparison Schedule

Reconciliation
Review Year
Base
Comparison
Month
Number
of Households
Serviced
(MSW)
Growth
Comparison
Month
Number
of Households
Serviced
(MSW)
2021 October 2017 21,877 October 2019 22,104
2022 October 2017 21,877 October 2021 22,504
2024 October 2017 21,877 October 2023 TBD
2026 October 2017 21,877 October 2025 TBD
2028 October 2017 21,877 October 2027 TBD
2030 October 2017 21,877 October 2029 TBD

D. RESIDENTIAL SERVICE – SAMPLE CALCULATIONS

The following compensation schedule applies for residential service growth or reduction based on fixed 3 percent annual escalation applied to the pr eceding year’s Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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18603575.7
compensation rate per household serviced:

Table U1B: Residential Service Growth Compensation Schedule

Reconciliation
Review Year
Compensation
Rate per
Household
Serviced
(MSW) annual
Growth (or
Reduction) in
Number
of Households
Serviced (MSW)
Annual
Compensation
Monthly
Compensation
2021 $263.78 227 (22,104 –
21,877)
$59,878.06 $4,989.84
2022 $271.70 627 (22,504 –
21,877)
$170,355.90 $14,196.33
2024 $288.24 TBD TBD TBD
2026 $305.80 TBD TBD TBD
2028 $324.42 TBD TBD TBD
2030 $344.18 TBD TBD TBD

Sample Residential Calculation No. 1 (Reconciliation Review Year 2021):

For Reconciliation Review Year 2021, the growth would be measured as the difference between number of October 2017 households for the base (21,877 households with MSW service) against the number of households in the comparison month and year (October 2019 being 22,104 households with MSW service). The difference is 227 households of growth (22,104 households less base of 21,877 households). At $263.78 annual compensation rate for the 2021 Reconciliation Review Year, the compensation from City to Contractor would be $59,878.06 for the year (227 households of growth multiplied by $263.78 per household) or $4,989.84 per month ($59,878.06 divided by 12 months).

Sample Residential Calculation No. 2 (Reconciliation Review Year 2022):

For Reconciliation Review Year 2022, the growth would be measured as the difference between number of October 2017 households for the base (21,877 households with MSW service) against the number of households in the comparison month and year (October 2021 being 22,504 households with MSW service). The difference is 627 households of growth (22,104 households less base of 21,877 households). At $271.70 annual compensation rate for the 2022 Reconciliation Review Year ($263.78 (2021 compensation rate) increased by 3 percent annual escalation) , the compensation from City to Contractor would be $170,355.90 for the year (627 households of growth multiplied by $271.70 per household) or $14,196.33 per month ($170,355.90 divided by 12 months). This compensation would continue until following reconciliation review year (calendar year 202).

Sample Residential Calculation No. 3 (Reduction in Service Example):

If a Reconciliation Review year results in a level of residential service lower than the October 2017 base year of comparison, then the reduction would be a payment (or credit) from Contractor to the City until the time of the subsequent Reconciliation Review Proposed SB 1383 Contract Amendment (4/6/2023 Version)

EXHIBIT A

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18603575.7
process. For example, for Reconciliation Review Year 2021, the reduction in service would be measured as the difference between number of households for the base (October 2017 being 21,877 households with M SW service) against the comparison month and year (if October 2019 had been 21,750 households with MSW service). The difference is a reduction of 127 households (21,750 households compared against the October 2017 base of 21,877 households). The 2021 Reconciliation Review Year payment (or credit) from Contractor to City would be $33,500.06 for the year ( 127 households fewer households on MSW service multiplied by $263.78 per household (2021 compensation rate per household s erved) or $ 2,791.67 per month ( $33,500.06 divided by 12 months).

E. COMMERCIAL SERVICE METRIC AND METHODOLOGY

Growth in commercial service is measured in number of “lifts” (including carts and bins) in an October comparison month , compared to October 2017’s adjusted total commercial lift count (7,793). A commercial lift includes all commercial waste streams (i.e., MSW, Recyclable Materials , and Compostables) . Contractor will provide t he number of commercial lifts to the City as part of Attachment R quarterly and annual report entitled “Annual Reconciliation Review Report” (Reconciliation Report). Because the City already compensates Contractor for the first commercial food scrap collection route (since April 2015), both parties have agreed to deduct 750 commercial lifts for the first commercial collection route from the “all lifts” totals shown in the Reconciliation Report. The City also already compensates Contractor for Sunday commercial service (since July 2018) and both parties have agreed to deduct 150 lifts for Sunday commercial service from the “all lifts” totals shown in the Reconciliation Report. For each comparison year, the City and Contractor have agreed that the month of October totals will deduct 750 lifts for first commercial food scrap route and 150 lifts for Sunday commercial service route).

Consequently, the comparison months for growth or reduction in commercial service will be as follows:

Table U1C: Commercial Service Growth Comparison Schedule

Reconciliation
Review Year
Base
Comparison
Month
Adjusted Total
Commercial Lift
Count (All
Streams)
Growth
Comparison
Month
Adjusted Total
Commercial Lift
Count (All
Streams)
2021 October 2017 7,793 October 2019 8,784
2022 October 2017 7,793 October 2021 9,054
2024 October 2017 7,793 October 2023 TBD
2026 October 2017 7,793 October 2025 TBD
2028 October 2017 7,793 October 2027 TBD
2030 October 2017 7,793 October 2029 TBD

F. COMMERCIAL SERVICE – SAMPLE CALCULATIONS

The following compensation schedule applies for commercial service growth (or reduction) based o n fixed 3 percent annual escalation applied to the pr eceding year’s Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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18603575.7
compensation rate per commercial lift:

Table U1D: Commercial Service Growth Compensation Schedule

Reconciliation
Review Year
Compensation
Rate per
commercial lift
(All Eligible
Streams)
annual
Growth (or
Reduction) in
Number
of Commercial Lifts
(All Eligible
Streams)
Annual
Compensation
Monthly
Compensation
2021 $416.10 991 (8,784 –
7,793)
$412,355.10 $34,362.93
2022 $428.59 1,261 (9,054 –
7,793)
$540,451.99 $45,037.67
2024 $454.69 TBD TBD TBD
2026 $482.38 TBD TBD TBD
2028 $511.75 TBD TBD TBD
2030 $542.92 TBD TBD TBD

Sample Commercial Calculation No. 1 (Reconciliation Review Year 2021):

For Reconciliation Review Year 2021, the growth would be measured as the difference between number of commercial lifts for the base (October 2017 being 7,793 totals lifts – all streams – after 750 lifts have been deducted for first commercial food scrap route) and the comparison month and year (October 20 21 being 8,784 totals lifts – all streams – after 750 lifts have been deducted for first commercial food scrap route and 150 lifts are deducted for Sunday commercial service which began July of 2018). The difference is 991 units of growth as represented by eligible commercial lifts (8,784 commercial lifts less base of 7,793 of commercial lifts ). At $ 416.10 annual compensation rate for the 2021 Reconciliation Review Year, the compensation from City to Contractor would be $412,355.10 for the year ( 991 increased commercial lifts multiplied by $416.10) or $34,362.93 per month ($412,335.10 divided by 12 months).

Sample Commercial Calculation No. 2 (Reconciliation Review Year 2022):

For Reconciliation Review Year 2022, the growth would be measured as the difference between the October 2017 base c omparison month (7,793) and the comparison month and year (October 2021 being 9,054 totals lifts – all streams – after 750 lifts deducted for first commercial food scrap route and 150 lifts deducted for Sunday commercial service which began July of 2018). The difference is an increase of 1,261 commercial lifts (9,054 commercial lifts minus base of 7,793 of commercial lifts). At the $428.59 annual commercial lift compensation rate for the 2021 Reconciliation Review Year, the compensation from City to Contractor would be $540,451.99 for the year ( 1,261 commercial lifts multiplied by $428.59) or $45,037.67 per month ($540,451.99 divided by 12 months).

Sample Commercial Calculation No. 3 (Reduction in Service Example):

If a given Reconciliation Review year reflect s a level of commercial service lower than the base year of comparison, then the reduction would be a payment (or credit) to the Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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18603575.7
City until the time of the subsequent Reconciliation Review process. For example, for Reconciliation Review Year 2021, the reduction in service would be measured as the difference between the October 2017 base comparison month ( 7,793) and the comparison month and year (if October 2019 had 7,582 in commercial lifts ). The difference is a reduction of 211 in commercial lifts (7,582 of commercial lifts compared against the base of 7,793 commercial lifts). A t the $416.10 annual commercial lift compensation rate for the 2021 Reconciliation Review Year, the payment (or credit) from Contractor to City would be $87,797.10. for the year ( 211 commercial lifts multiplied by $416.10) or $7,316.43 per month ($87,797.10 divided by 12 months).

G. ROLL-OFF SERVICE METRIC AND METHODOLOGY

A roll-off service is applicable for all waste streams (i.e., MSW, Recyclable Materials and Compostables) and represents the placement (delivery) as well as the collection (pull) of roll-off collection boxes to customers. The number of roll-off services will be provided to the City as part of Attachment R ’s m onthly and annual collection reports , and Reconciliation Report. The City already compensates Contractor for four roll -off trucks and drivers with a base assumption that eight services can be provided per truck . This translates to a base level of 32 services per day (eight services per truck multiplied by four roll -off trucks) or 8,320 service per year (32 services per day multiplied by 260 Monday-Friday route days per year). Because roll-off reporting is provided on a monthly basis and it reflects season impacts and demands (where Contractor must pay overtime labor to provide excess service), the parties have agreed that growth should be measured against month “base” level of 693 services per month (8,320 services per year divided by 12 months). Unlike residential and commercial metrics, the parties have agreed to measure roll- off growth beginning in Calendar Year (CY) 2018 and provide compensation in a lump sum for the previous year (as is the current approach for over baseline processing and diversion incentive payments contained in current City - Contractor agreement ). Consequently, the comparison timelines for growth (or reduction) in roll-off service will be as follows:

Table U1E: Roll-off Service Growth Comparison Schedule

Reconciliation
Review Year
Base
Comparison
Year (Calendar
Year = CY)
Maximum
Number of
“Services” per
month
Total Number
of Services
Exceeding
Monthly
Maximum for
Calendar Year
(CY)
2019 CY 2018 693 404
2020 CY 2019 693 1,615
2021 CY 2020 693 535
2022 CY 2021 693 39
2023 CY 2022 693 TBD
2024 CY 2023 693 TBD
2025 CY 2024 693 TBD
2026 CY 2025 693 TBD
2027 CY 2026 693 TBD
Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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18603575.7
2028 CY 2027 693 TBD
2029 CY 2028 693 TBD
2030 CY 2029 693 TBD
2031 CY 2030 693 TBD

H. ROLL-OFF SERVICE – SAMPLE CALCULATIONS

The following compensation schedule applies for roll -off service growth (or reduction) based on fixed 3 percent annual escalation applied to the pr eceding year’s compensation rate per “service” for qualifying services exceeding maximum:

Table U1F: Roll-off Service Growth Compensation Schedule

Reconciliation
Review Year
Compensation
Rate annual
per “Service”
for Qualifying
Services
Exceeding
Maximum
Total Number
of Services
Exceeding
Monthly
Maximum for
Calendar Year
(CY)
Annual
Compensation
(Lump Sum
Annual
Payment from
City to
Contractor)
2019 $183.98 404 $74,327.92
2020 $189.50 1,615 $306,042.50
2021 $195.19 535 $104,426.65
2022 $201.04 39 $7,840.56
2023 $207.07 TBD TBD
2024 $213.29 TBD TBD
2025 $219.69 TBD TBD
2026 $226.28 TBD TBD
2027 $233.06 TBD TBD
2028 $240.06 TBD TBD
2029 $247.26 TBD TBD
2030 $254.68 TBD TBD
2031 $262.32 TBD TBD

Sample Roll-Off Service Calculation No. 1 (Reconciliation Review Year 2019):

For Reconciliation Review Year 2019, t he growth/additional compensation would be measured using CY2018 data. Each month of CY2018 would be compared against the baseline figure of 693 services per month. The cumulative total of services exceeding 693 services (i.e., 96 in May ; 58 in July ; 47 in August ; 119 in October ; and 84 in November) was a total of 404 services in CY2018. At a $183.98 compensation rate per “service” for qualifying services exceeding maximum for the Reconciliation Review Year 2019, the compensation from City to Contractor would be $74,327.94 (404 eligible services exceeding baseline multiplied by $183.98). Since calendar year 2018 has already passed at the time of the 2022 Contract Amendment, City would pay Contractor as a lump sum of $74,327.92 for the Reconciliation Review Year 2019.

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Sample Roll-Off Service Calculation No. 2 (Reconciliation Review Year 2021):

For Reconciliation Review Year 2021, the growth/additional compensation would be measured using CY2018 data. Each month of CY2020 would be compared against the baseline figure of 693 services per month. The cumulative total of services exceeding 693 services (i.e., 136 in January; 103 in February; 67 in March; 1 in June; 15 in July; 12 in August; 10 in September; and 191 in October) was a total of 535 services in CY2020.

At a $195.19 annual compensation rate per “service” for q ualifying services exceeding maximum Reconciliation Review Year 2021, the compensation from City to Contractor would be $104,426.65 (535 services exceeding baseline multiplied by $195.19).

Sample Roll-Off Service Calculation No. 3 (No Payment Example):

If a given Reconciliation Review year reflected level of roll- off service where the number of services never exceeds 693 services per month, no additional compensation would be paid by City to Contractor for roll-off service.

I. APPROVED DOCUMENTS OF RECORD AND REPORTING

Contractor shall report monthly, quarterly and on annual basis as required in Attachment R. For residential service, the number of households will continue to be reported on a monthly basis as part of the monthly collection service reports. For commercial service, the number of commercial lifts will be submitted on a quarterly basis as part of a report entitled “NRWS Commercial service, yards and allocations. ” For roll -off service, three rows will be added to monthly and annual collection service reports for roll -off service activity that will display “Total Services,” “Qualifying above 693” and “Total Services above 693 per month.” City reserves right to independently verify and confirm data with source records (i.e., account information, Contractor work orders or other relevant source documents).

J. POTENTIAL CHANGES IN ROLL-OFF SERVICE BASE METRIC

Parties agree that the base level of compensation from City to Contractor for roll -off services is based on four roll-off trucks and routes. If the City chooses to approve a fifth roll-off truck and driver during this agreement, the baseline compensation will be adjusted to reflect this change. Specifically, each additional roll -off truck and route will increase baseline level of service by 2,080 services per year (eight service per day multiplied by 260 operating days per year) or 173 services per month. Thus, the addition of one roll -off truck and route will increase the monthly baseline service from 693 services per month to 866 services per month (693 services plus 173 services) and would need to be exceeded to qualify for additional compensation.

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ATTACHMENT V-1

TARGETED INCENTIVE (TI)

A. PURPOSE

The purposes of the Targeted Incentive are: (i) to increase the amount of heavy source-separated Construction and Demolition Debris as defined in the Napa Municipal Code (C&D Debris) collected by Contractor and delivered to the MDF for processing; (ii) to increase the quantity of new C&D Debris tons processed at the MDF; and (iii) to incentivize the Contractor to compete for customers requiring collection service for source- separated C&D Debris as part of the customer’s compliance with the City’s Construction Debris Diversion Ordinance (Napa Municipal Code Section 15.32).

B. DESCRIPTION OF INCENTIVE

Contractor is paid one hundred dollars ($100.00) per roll -off box load (10 cubic yard box or larger) of eligible clean source- separated C&D Debris that is collected by Contractor, delivered to and pr ocessed at the MDF in excess of the established threshold number of loads. Contractor is paid one hundred dollars ($100.00) per roll-off box load regardless of the size of the roll -off box as long as the box is at least ten (10) cubic yards in size. (See treatment of split roll -off boxes below.)

C. FORMULA FOR CALCULATION OF TI

A = Number of TI eligible loads for the calendar year
B = 820 which is the threshold number of TI loads
C = Number of loads on which TI is paid

Formula is: A – B = C
Amount of TI incentive is: C x $100.00

D. ELIGIBLE MATERIALS

Roll off box loads containing the following source-separated materials are eligible for the TI:

Wood Waste, concrete, asphalt, sheetrock, Y ardwaste, “yardwaste-to-wood”, carpet, metal , and metal appliances . All r oll off box loads of metal appliances shall be counted as “metal” and are eligible for the TI, including roll off box loads of metal appliances from the City-sponsored Annual E-Waste Event described in Attachment B, Section 5.07.1.

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Acceptable and unacceptable types and levels of contamination in source- separated roll off boxes of the above- listed materials are listed in Section 6.8 of Attachment B to the Contract.

E. EXCLUDED MATERIALS

Roll-off box loads containing the following materials are excluded from the TI:

1. Electronic Was te, universal waste, automobile parts , Bulky Goods , chipped wood, sawdust, dirt, ADC, stumps, pomace, manure, tires, toilets, cardboard, film plastics, plastics (both mixed and source separated such as PET, and LDPE including colored and natural), glass, single stream recyclable materials, mixed CRV containers, newspaper, mixed paper, white paper a nd other recyclable fiber.

2. All roll-off loads of City -facility-generated materials are excluded from the TI. Examples include but are not limited to: Material from any City facility or City job including Corporation Yard, City Hall, Parks, Municipal Golf Course, Streets, water main breaks, Water Treatment Facility, etc. including all City Fac ilities listed in Attachment D. Thi s includes, but is not limited to, roll-off loads of the following types of materials generated at City facilities: filter soil, native soil, street sweepings, leaves, and C&D Debris.

3. Roll off boxes containing concrete, asphalt, asphalt grindings, rock, gravel, wood and other such materials that are delivered to the MDF property for a specific construction project on the MDF property (e.g. materials delivered for the Southwest Corner project) are excluded from the TI . If Contractor hauls such materials into the MDF , the Contractor’s driver delivering such a load will inform the scale house attendant that the load is for a construction project at the MDF and this will be noted in the Soft-Pak scale system as such.

4. Loads of any type of material collected from City -Sponsored Special Events pursuant to Section 4.2 of Attachment B are excluded from the TI.

5. Loads of any materials (even those listed in Section D above) that are collected and delivered to the MDF in containers other than roll off boxes are also excluded from the TI. This means that materials collected from bins and wheeled carts (Toters) using bin and Toter trucks (including front and side loaders, pickup trucks, flatbed trucks, etc.) are not eligible for the TI.

6. Materials collected by the Recycle More program described in Attachment B, Section 7.02 of the Contract are excluded from the TI because they are not collected in roll off boxes.

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7. Roll off boxes that are “pulled” when empty, either because they are being delivered to a customer, collected (empty) from a customer, or pulled (empty) for repair, cleaning, graffiti removal, etc. do not count toward the TI.

F. OTHER ELIGIBILITY REQUIREMENTS

In order to qualify for the TI a load must, according to the MRF scalehouse records, meet all of the following requirements:
a. Be in a NRWS roll-off box
b. Be collected by a NRWS truck and driver
c. Be collected for a NRWS customer from an ad dress in the City of Napa and be billed to that customer
d. Have a NRWS work order
e. Be delivered to and processed at the Napa MDF.

The loads must be weighed at the MDF scales and receive a MDF weight ticket.

Clean concrete and asphalt loads delivered directly to Syar can be an exception if City receives a Syar weight ticket containing all the required information and the load meets all above-listed criteria with the exception of (e).

Contractor may submit a written request to City to direct-haul to a processor other than Syar . City will grant or deny the request and inform Contractor of its decision within thirty (30) days of receiving the request . City’s strong preference is that TI-eligible materials be delivered to the MDF and receive an MDF weight ticket in order to count toward the TI.

G. SPLIT ROLL OFF BOXES

In the case of split roll off boxes (boxes with a metal divider that splits the box into two separate sections), the materials in the box must be source-separated. A split box that is a minimum of 10 cubic yards in size and contains two types of TI - eligible source separated-materials will count as one (1) roll off box toward the TI.

If a split ro ll off box contains half source- separated TI-eligible materials and half MSW, the load will count as one- half (0.5) of a load towards the TI and Contractor will receive fifty dollars ( $50) for that load if Contractor exceeds the annual threshold number of loads.

H. THRESHOLD

The Targeted I ncentive begins after the threshold number of eight hundred twenty (820) loads of eligible materials is reached in a single calendar year. (See the sample calculation below.)

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I. APPROVED DOCUMENTS OF RECORD

The MDF inbound scale house data from the Soft-Pak Scale System shall be the document of record for calculating the number of eligible loads for the TI.

Contractor’s collection and billing database shall not be the approved document of record for calculation of the number of loads meeting the TI criteria. For loads of concrete and asphalt hauled directly by Contractor from customers in Napa to Syar, the monthly Syar invoices to the City will be used by the City to create an MDF inbound weight ticket. Those weight tickets will be included in calculating the number of TI-eligible loads delivered to Syar.

J. DISASTER DEBRIS

In the event of an earthquake, flood or similar natural disaster (such as the 2005/06 New Year’s Eve flood) the intent of the parties is that Contractor neither benefit nor be penalized due to excess debris generated from the event. In the case of such an event, the City Council will declare an emergency situation and City will inform Contractor that an emergency situation exists. The tons of emergency debris and/or disaster debris will be tracked separately and will be excluded from the TI calculations for that calendar year.

K. ADDING NEW ELIGIBLE MATERIALS

City may add new eligible materials to the TI in its sole discretion. (Example: ABS pipe could be added in the future). In such event, City will notify Contractor in writing at least thirty (30) days prior to the addition of the new material.

Contractor may also submit a written request for the addition of a new eligible material to be included. City will respond to all such requests i n writing within sixty (60 days of the request. The City’s determination as to whether or not a new material will be added to “eligible materials” shall be final.

L. REPORTING

Contractor shall report monthly in the Attachment R reports on the year -to-date number of roll-off box loads that Contractor believes are eligible for the TI for the current calendar year. Contractor shall, at City’s request, provide all requested documentation on roll-off box loads that Contractor believes are eligible for the TI including, but not limited to, work orders, dispatch logs, c ustomer billing information, and all other documents requested by City in order to verify the eligibility of roll-off loads for the TI.

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M. SAMPLE CALCULATION

Step One. Identify All TI-Eligible Roll Off Loads For the Calendar Year

Using the above- listed criteria, use the Soft -Pak Scale System database to sort for TI-eligible roll off loads and/or review all MDF weight tickets for NRWS roll- off loads. A n example of the glossary of the Soft -Pak database codes that are referred to herein appears in Attachment V -4. The Soft -Pak database codes will be periodically revised by City when codes change or new material codes are added. Make sure the most current version is being used. Eligible material codes for the TI include: APPL, ASPH, CARPET, CONCR, METAL, SHEET, WOOD, YW, YWTOWOOD. Review Contractor work orders, billing records and other data as needed to research whether or not each load meets the eligibility requirements. (As noted above, these ancillary records are not the documents of record but can be used by the City to cross-check eligibility or to determine that a load does not meet the eligibility criteria.)

Step Two. Sum All TI-Eligible Roll Off Loads For the Calendar Year

Add all the TI-eligible roll off loads identified in Step One.

Step Three. P erform the TI Calculation

Subtract 820 (number of threshold loads) from the result of Step Two.

Step Four. Calculate the Amount of the TI Incentive Due (If Any)

If the result of Step Three is a negative number, stop here. There is no TI incentive due for the calendar year.

If the result of Step Three is a positive number, multiply the number by $100.

The result is the amount of the TI incentive due to Contractor, subject to the cap in Section 12.04 B of the Contract.

Sample Numerical TI Calculation

Assume the number of TI-eligible loads for the calendar year is 901.5 loads.

901.5 – 820 = 81.5 loads.

81.5 x $100 = $8,150.

$8,150 is due to the Contractor for the TI incentive.

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ATTACHMENT V-2

RESIDUE REDUCTION INCENTIVE (RRI)

A. PURPOSE

The purpose of t he Residue Reduction Incentive (RRI) is to incentivize Contractor to decrease the quantity of RRI Residue disposed from the MDF and to increase the quantity of material diverted at the MDF.

B. DESCRIPTION OF INCENTIVE

The amount of the RRI incentive earned by Contractor is determined by the level (percentage) of RRI Residue disposed from the MDF that is achieved in each calendar year. The RRI brackets shown in the table below were created by averaging the percentage of RRI Residue for calendar years 2006, 2007, 2008 and 2009. (Note: Compost Overs delivered to the Transfer Station as Residue in 2006 and Recovered Compost Overs delivered to Zamora in 2009 were both included as RRI Residue in developing the brackets because at the time of the Third Amendment there was no viable alternative to disposal as Residue.)

The average percentage of RRI Residue for years 2006 through 2009 is 4.6% percent. A standard deviation of 1.6% was calculated and is used to create the brackets in the table herein. The brackets list a range of RRI Residue percentages achieved. If the l evel of RRI R esidue increases to 6.3% or more, Contractor pays the City a debit. The incentive amounts are as foll ows: In brackets #1 and #2 the City pays NRWS 50% and 75% respectively, of the avoided Transfer Station tip fee in effect for the given calendar year for every ton of RRI Residue reduced below the threshold of 4.6% RRI Residue. In the Neutral Bracket, Contractor earns no incentive and pays no debit. The final bracket is a Debit Bracket where Contractor pays the City 25% of the Transfer Station tip fee for every ton of RRI Residue of 6.3% or more.

If the Transfer Station tip fee changes during the calendar year, the tip fee will be pro-rated in the calculations to reflect the mid-year change. In the event the Transfer Station establishes different tippi ng fees for mixed Construction & Demolition (C&D) Debris and for MSW (or for other materials), the tons of each material will be multiplied by the respective percentages of the pro- rated applicable tipping fee for each type of material (m ixed C&D and MSW) delivered as RRI Residue from the MDF.

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RRI TABLE
Incentive
Bracket
RRI Residue
Percent
Achieved
Contractor Is
Paid
Contractor Pays
City
Bracket #2 0% - 2.9% 75% of tip fee $0
Bracket #1 3.0% - 4.5% 50% of tip fee $0
Neutral Bracket 4.6% – 6.2% 0 $0
Debit Bracket 6.3% and above 0 25% of tip fee

C. FORMULA FOR CALCULATION OF RRI

A = Total RRI-Eligible Inbound Tons to MDF for the calendar year B = Tons of RRI Residue Hauled to Transfer Station from the MDF for Disposal
C = RRI Residue percentage
D = the difference between the historical average (4.6%) and the RRI Residue percentage achieved for the calendar year
E = the number of tons the RRI incentive or debit is paid upon F = the applicable percent of the Transfer Station tip fee per ton from the table above
G = the amount of the RRI incentive or debit

The RRI formula is:

B = C
A

4.6% - C = D
D x A = E
E x F = G
G = the amount of the RRI incentive or debit

First, the RRI Residue percentage is calculated. Then, t he RRI Residue percentage is subtracted from the historical average MDF RRI R esidue of 4.6%.

If the result falls within Bracket #1 Bracket #2 or the Debit Bracket in the RRI Table, t he result is multiplied by the Eligible Inbound Tons to the MDF for the calendar year. This yields the number of tons that the incentive or debit is paid upon. The number of tons is then multiplie d by the applicable unit cost (percent of Transfer Station tipping fee) per ton f rom the table above. If the result falls in the Neutral Bracket, no incentive or debit is owed. A full Sample Calculation of the RRI appears in Section M of this Attachment V-2.

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D. RRI-ELIGIBLE INBOUND MDF TONS

“Eligible inbound tons” for calculating the RRI in this Attachment V -2 (“A” in the formula above) includes all Clean MRF R ecyclables, Organic materials including Yardwaste, Food Waste, Pomace, Cannabis Waste, and Manur e, Wood Waste, drywall (sheetrock), carpet padding (but not carpet), metal, applia nces, tires, all Electronic Waste and universal waste (anything with a cord), all Bulky Goods and materials collected by the Recycle More program described in Attachment B, Section 7.02 of the Contract except used cooking oil.

E. EXCLUDED MATERIALS

Excluded materials that are not counted as part of “A” in the RRI formula are tons of: all forms of dirt (including, but not limited to, filter soils and native soil), carpet (including self -haul carpet, carpet delivered by Northern Recycling Operations and Waste Services, LLC and carpet delivered by Contractor), and all inert materials including, but not limited to, concrete, asphalt, asphalt grindings, rock and “MDF rock” (rock that is delivered from Cultured Stone [or any similar facility] that is specially processed for that customer by grinding the rock separately from all other materials and then returning the finished finely ground product back to that customer for their use).

F. OTHER ELIGIBILITY REQUIREMENTS

RRI Residue means R esidue from all four (4) processing areas of the MDF (Clean MRF Area, Wood Area, Source Separated C&D Processing Area and the Composting Area) plus Residue from all “transfer -only” materials (such as Electronic and universal waste, Bulky Goods, carpet padding (but not carpet) and tires.

RRI Residue does not include any of the following , nor are any of the following included in any way in the RRI calculation:

a. Recovered Recyclable M aterials that are marketed at a negative value pursuant to Contract Section 6.15 C 5.
b. Recovered Compost Overs that are periodically cleaned out and shipped off site for C omposting, use as rock, fill or any other beneficial use that is permitted by law.
c. “Clean MRF Fines” and any oth er Recyclable Materials delivered to a clean MRF ( other than the MDF ) for further sorting. Such Clean MRF Fines and other Recyclable Materials are considered to be “diverted” materials and therefore are not RRI R esidue. Any left -over residue material resulting from such sorting operations at other (non-MDF) facilities is also excluded from RRI R esidue and is excluded from the RRI calculations.

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d. Outbound loads of concrete and asphalt hauled from the MDF to Syar, coded as “Customer = Syar” are not considered RRI Residue. e. If, in the future, the City directs Contractor to perform new mi xed recovery operations (e.g. sorting of “mixed C&D” or “dry recovery of mixed materials”) the inbound and outbound tons from that processing shall be tracked separately in the MDF scale records and shall be completely excluded from the RRI calculation.

If it is determined that Residue from the MDF is delivered to any disposal facility other than Transfer Station, without City approval, Contractor shall be ineligible for any RRI payment for the year in which this occurred. In addition, Contractor shall be required to pay the Napa- Vallejo Waste Management Authority the Transfer Station tipping fee in effect for the calendar year for all tons that were delivered to the alternate disposal facility, plus a ten percent (10%) penalty.

Contractor shall provide proof of such payment to the City. If Contractor owes the City an RRI debit for the year in question, Contractor shall pay the City the debit owed according to the schedule in Section 12.04 of the Contract . The RRI calculation for any debit that is owed to the City shall include the R esidue tons that were improperly disposed at the non-Transfer Station facility.

G. ADDITIONAL SORTING EQUIPMENT

Contractor may, with the City’s prior written approval, purchase and install additional sorting equipment at the MDF (e.g. a “re- run” belt) at its sole expense, as long as all contract provisions and procedures are followed. The purchase, installation, repair and maintenance of any such equipment shall be solely at Contractor’s expense and at no added cost to the City or the ratepayers. At t he end of the Contract, the City will have the option to purchase the equipment at its depreciated book value, at City’s sole option, per Contract Section 7.05.

H. THRESHOLD (NEUTRAL POINT)

As noted above, the Contractor is paid the RRI when the percent age of RRI Residue achieved in a calendar year is below the historical average RRI Residue of 4.6%.

I. APPROVED DOCUMENTS OF RECORD

The document of record for Eligible Inbound Tons to the MDF ( “A” in the RRI formula) is the Soft -Pak database of inbound scale weights at the MDF. The document of record for Tons of Residue hauled to the Transfer Station for Disposal from the MDF ( “B” in the RRI form ula) is th e Soft-Pak database of outbound scale weights of the Residue loads from the MDF scales.

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weights to cross check the nu mber of tons of R esidue delivered from the MDF.

However, the Transfer Station inbound scale weights are not the determinative database for calculation of the number of Tons of RRI Residue. Similarly, the City may utilize the NRWS collection database to cross check tonnages or loads of RRI Residue, however, the NRWS collection database shall not be determinative for calculation of the number of tons or loads of RRI R esidue used in calculating the amount of any Residue Reduction incentive or debit.

J. DISASTER DEBRIS

In the event of an earthquake, flood or similar natural disaster (such as the 2005/06 New Year’s Eve flood) the intent of the parties is that Contractor not benefit or be penalized with regard to the RRI calc ulations, due to excess debris from the event. In the case of such an event, the City Council will declare an emergency situation and City will inform Contractor that an emergency situation exists. The tons of emergency debris and/or disaster debris will be tracked separately and will be factored out of the RRI calculations for that calendar year.

K. CITY-DIRECTED CHANGES IN MDF OPERATIONS

In the event the City directs a change in MDF operations that, in the City’s opinion, will significantly change (either increase or decrease) the quantity of RRI Residue that will be generated at the MDF from the RRI Residue generated during the period upon which the historical average RRI Residue was calculated (2006, 2007, 2008 and 2009) City may add or subtract mater ials from the RRI - Eligible MDF Inbound Tons or make other changes and adjustments to the RRI calculation to account for the change. In such event, City will notify Contractor in writing at least thirty (30) days prior to the effective -date of the changes and Contractor shall be given the opportunity to comment on the changes .

Contractor may also submit a written request for such changes. City will respond to all such requests in writing within sixty (60 days) of the request. The City’s determination as to the manner in which the RRI calculations and/or the list of eligible and ineligible materials is to be changed shall be final.

L. REPORTING

Contractor shall report monthly in the Attachment R reports on the year -to-date number of tons and loads of R esidue hauled from the MDF to the Transfer Station (by date and by weight). Contractor shall show the cumulative (year -to- date) RRI calculations in the monthly reports. Contractor shall, at City’s request, provide all requested documentation on Residue tons and loads including, but not limited to, work orders, dispatch logs, customer billing information, Transfer Station records, NVWMA records and invoices and all other documents requested by City in order to verify the tonnages, number of loads, and other criteria required for calculation of the RRI and verification of the RRI -eligibility of Inbound MDF T ons and other materials for the RRI calculation. Contractor shall Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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also submit an annual narrative description of how RRI R esidue was reduced (or increased) from the level achieved in the prior calendar year; listing facility(ies) where Clean MRF Fines and/or Recyclable Materials were processed, and the resulting residue (if any), listing the facility(ies) where Recovered Compost Overs were delivered and verifying the type of use for the Recovered Compost Overs at that facility; and all other methods, facilities and additional equipment and/or labor used to achieve the RRI Residue level for the subject calendar year.

M. SAMPLE CALCULATION

Step One. Identify All RRI-Eligible Inbound Tons to the MDF

Using the above- listed criteria, use the MDF scalehouse Soft -Pak database to sort for the RRI-Eligible Inbound Tons to the MDF and/or review all MDF weight tickets for loads of eligible materials. An example of the glossary of the Soft-Pak database codes that are referred to herein appears in Attachment V -4, which will be periodically revised by City when codes change or new material codes are added. Make sure the current list is being used. Eligible material codes f or the Residue Reduction Incentive include: ALUM, APPL, BULKY, CANNABIS, CARD, CARD12, CARPTPAD, COMIN, ELEC, FOOD, GLASS, GLASSBR, GLASSCL,

GLASSGR, HDPEMIX, HDPENAT, LDPEMIX, LDPENAT, MANURE, METAL,

MILKB, MIXCONT, MXPLAS, NEWS, PAPERMX, PAPERWH, PET, PE TFOIL,

PKGLIQ, PKGORG, PUM, RECMRE, SAW, SINGLE, SINGLEC, TIN, TIRE, TIRECOUP, STUMPS, SHEET, WOOD, WDCP, YW, YWTOWOOD. Review Contractor or MDF scalehouse documentation to research any questionable materials and/or loads.

Step Two. Total All The RRI -Eligible Inbound MDF Tons (“A” in the RRI Formula)

Add all the RRI-Eligible Inbound MDF Tons identified in Step One.

Step Three. Identify All Tons of Residue Hauled to Transfer Station From the MDF For Disposal (“B” in the RRI Formula)

Using the above- listed criteria, use the MDF scalehouse Soft -Pak database to sort for outbound l oads and tons of RRI R esidue hauled to the T ransfer Station for the calendar year. Review additional Contractor and City scalehouse documentation as needed to research any questionable materials, loads and/or destinations for materials. RRI Residue codes for the RRI include: RESBL, RESFOOD, RESMRF, RESCOM, and RESCD.

Research the destination of all Residue loads to determine whether any loads of Residue were delivered for disposal at a disposal facility other than the Transfer Station. Soft-Pak facility codes for facilities that have processed Clean MRF Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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Fines in the past include MT DIABLO RECYCLING and SMURFIT -STONE ROCKTE.

Step Four. Total All the Tons of RRI Residue Hauled to Tr ansfer Station From the MDF For Disposal

Add all of the RRI Residue tons identified in Step Three.

Step Five. Perform the RRI Calculation

Divide the result of Step Four by the result of Step Two and subtract that percentage from 4.6%.

Step Six. Determine Whether Any Incentive or Debit is Owed

Using the result of Step Five consult the RRI Table in Section B above.

Determine if any incentive is owed to Contractor by the City, subject to the cap in Section 12.04 B of the Contract. Determine if any debit is owed by Contractor to City.

Step Seven. If Any Incentive or Debit is Owed, Calculate The Applicable Transfer Station Tip Fee

A. If the Transfer Station tip fee remained constant over the entire calendar year for which the incentive or debit is being calculated, use the tip fee that was in effect for the entire year.

B. If the Transfer Station tip fee was changed by the Napa- Vallejo Waste Management Authority during the calendar year, pro- rate the tip fee according to the number of months that each tip fee was in effect.

Example: If the tip fee was $60/T on for 9 months of the calendar year and was $61/ton for the remaining 3 months of the calendar year, the Transfer Station tip fee to be used in the calculation would be $60.25 calculated as follows:
9 months/12 months = 0.75
3 months/12 months = 0.25

0.75 x $60 = $45/Ton

0.25 x $61 = $15.25/Ton
$45/Ton = $15.25/Ton = $60.25/Ton.

C. If the Transfer Station charged differential rates for C&D materials, MSW, and/or other material(s) during the calendar year for which the incentive or debit is being calculated, follow the procedure below:

a. Determine the number of Tons of each type of material that were charged each tip fee (and that were billed to the City and paid for by the City).

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b. Determine the total number of Tons of all materials billed by the Napa-Vallejo Waste Management Authority to the City and paid for by the City.
c. Divide the number of Tons of each type of material by the total Tons paid for by the City to determine the percentage of Tons charged for that material type (e.g. Tons of mixed Construction and Demolition Debris divided by the total Tons paid for by the City; Tons of MSW divided by the total Tons paid for by the City) d. Multiply the tip fee charged for each material type by the percentage of each material calculated in Step C (c) above.

Example: 70% of the material paid for by the City was MSW and the tip fee for MSW was $61/Ton. The result is .7 0 x $61 = $42.70/Ton. If 30% of the material paid for by the City was mixed Construction and Demolition Debris and the tip fee for mixed Construction and Demolition Debris was $50/Ton, the result is 0.3 0 x $50 = $15/Ton.
e. Sum all of the results from Step C (d) above to determine the applicable Transfer Station tip fee to be used in the calculation in Step Eight. Example: $42.70/Ton + $15.00/Ton = $57.70/Ton.

D. If the Transfer Station tip fee (s) was/were changed by the Napa- Vallejo Waste Management Authority during the calendar year for which the incentive or debit is being calculated, and the Transfer Station charged differential rates for C&D materials, MSW, and/or other material(s) during the calendar year for which the incentive or debit is being calculated, first follow the steps in subpart B above to calculate the pro- rated tip fee for each type of mater ial. Then follow the steps in subpart C above to determine the percentage of each type of material delivered to the Transfer Station and paid for by the City. Then use the appropriate pro- rated tip fee for each material type to determine the applicable Transfer Station tip fee to be used.

Step Eight. Calculate the Amount of the Incentive or Debit Owed (If Any)

A. If an incentive is owed, multiply the result of Step Five by the total RRI-Eligible Inbound Tons to the MDF. Multiply the result by the result of Step Seven ( applicable Transfer Station tip fee for the calendar year).

B. If a debit is owed, multiply the result of Step Five by the total RRI - Eligible Inbound Tons to the MDF. Multiply the result by the result of Step Seven ( applicable Transfer Station tip fee for the calendar year).

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The following are sample numerical calculations for the RRI based upon the RRI formula:

Note: All of the sample calculations assume a Transfer Station tip fee of $61.00 per ton for both C&D and MSW materials. This is an assumption for example purposes only. When the RRI calculations are performed, the actual tip fee(s) in effect at the Transfer Station for each type of material during the calendar year shall be used.

Sample #1. NRWS Achieves RRI Residue Percentage in Incentive Bracket #2

Assumptions:

RRI-Eligible Inbound tons = 90,000
RRI Residue tons = 2,250
Transfer Station Tip Fee = $61/ton

Sample Calculation:

2,250/90,000 = 0.25 = 2.5% RRI Residue percentage

4.6% – 2.5% = 2.1%

0.021 x 90,000 tons = 1,890 tons

From RRI Table in Section B above, 2.1% is in Bracket #2

In Bracket #2 Contractor is paid 75% of Transfer Station tip fee

$61/ton x 0.75 = $45.75/ton

1,890 tons x $45.75/ton = $86,467.50

Sample #2. NRWS Achieves RRI Residue Percentage in Incentive Bracket #1

Assumptions:

RRI-Eligible Inbound tons = 88,000
RRI Residue tons = 3,344
Transfer Station Tip Fee = $61/ton

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Sample Calculation:

3,344/88,000 = 0.038 = 3.8% RRI Residue percentage

4.6% - 3.8% = 0.8%

0.008 x 88,000 = 704 tons

From RRI Table in Section B above, 3.8% is in Bracket #1

In Bracket #1 Contractor is paid 50% of Transfer Station tip fee

$61/ton x 0.50 = $30.50/ton

704 tons x $30.50/ton = $21,472.00

Sample #3. NRWS Achieves RRI Residue Percentage In Neutral Bracket

Assumptions:

Eligible Inbound tons = 100,000
Residue tons = 4,600
Transfer Station Tip Fee = $61/ton

4,600/100,000 = 0.046 = 4.6% RRI percentage

Stop here. No incentive due to NRWS and no debit owed by NRWS.

Sample #4. NRWS Achieves RRI Residue Percentage At Lower Edge of Neutral Bracket

Assumptions:

Eligible Inbound tons = 91,000
Residue tons = 5,460
Transfer Station Tip Fee = $61/ton
Sample Calculation:

5,460/91,000 = 0.06 = 6% RRI percentage

Stop here. No incentive due to NRWS and no debit owed by NRWS.

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Sample #5. NRWS RRI Residue Percentage Is In The Debit Bracket

Assumptions:

Eligible Inbound tons = 90,000
Residue tons = 5,850
Transfer Station Tip Fee = $61/ton

5,850/90,000 = 0.065 = 6.5% RRI percentage

4.6% - 6.5% = 1.9%

0.019 x 90,000 = 1,710 tons

From RRI Table in Section B above, 6.5% is in Debit Bracket

In Debit Bracket Contractor pays City 25% of Transfer Station tip fee

$61/ton x 0.25 = $15.25/ton

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Attachment V-3 Page 1 of 7 18655237.1
ATTACHMENT V-3

COLLECTION INCENTIVE (CI)

A. PURPOSE

The purpose of t he Collection Incentive (CI) is to increase diversion of tons collected by Contractor from within the City, from disposal.

B. DESCRIPTION OF INCENTIVE

The incentive formula calculat es the percentage of Total Tons Collected for Recycling for the calendar year. This is compared to the baseline level of diversion, which is 50.4%. For every one tenth (1/10
th) of one percent (1%)
increase (e.g. each 0.1% ) achieved by Contractor, Contractor is paid $1,000.

Thus, an increase of a full 1.0% over the baseline of 50.4% diversion would result in a CI payment of $10,000 for that calendar year.

C. FORMULA FOR CALCULATION OF CI

a. A = Total Tons Collected for Recycling by Contractor b. B = Total Tons of MSW Collected by Contractor
c. C = Total Percent Diverted
d. D = Percent Diverted over the baseline level of Diversion e. E = D x 0.01 (E is D expressed as a decimal e.g. 7% x 0.01 = 0.07) f. F = Amount of Incentive Due to Contractor

The CI formula is: A = C
A + B
C – 50.4% = D
D x 0.01 = E
E x 100 x $10,000 = F

D. TOTAL TONS COLLECTED FOR RECYCLING BY CONTRACTOR (“A” in the CI formula)

For the purposes of this Attachment V -3, “A” = “Total Tons Collected for Recycling By Contracto r” within the City of Napa from resident ial, multifamily, commercial, ro ll-off, NVUSD and special events. This also includes tons of source-separated Recyclable Materials collected by Contractor at the City Corporation Yard and at City job sites, provided that these materials are collected by Contractor at the direction of City and further provided that the materials are delivered to the MDF for processing. Total Tons Collected for Recyc ling By Contractor includes the Tons collected by the Recycle More pr ogram described Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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in Attachment B, Section 7.02 of the Contract, with the exception of used cooking oil.

“Total Tons Collected for Recycling” in this Attachment V -3 includes the following materials collected by Contractor and weighed inbound at the MDF: Si ngle- Stream and Source and Type- Separated Recyclable Materials (excluding Food Waste except as noted herein) , Yardwaste, Residential Co-Collected Organics, pomace, manure, source- separated concrete, asphalt, wood, woodchips, sheetrock, rock, sawdust, stum ps, metal, metal appliances, carpet and carpet underpadding, bulky items ; Recyclable Material s (excluding Food Waste) collected at special events as defined in Section 4.2 of Attachment B; Electronic - Waste and universal waste (anything with a cord) collected from residents and commercial businesses (currently collected through the Recycle More program) , including Electronic Waste, universal waste and metal appliances from the City’s annual public E -Waste Drop- Off Event. NOTE: Food Waste is excluded from the “Total Tons Collected for Recycling” except for culls and trimmings from supermarket produce that have been historically collected by Contractor as part of a Yardwaste route and coded as “Yardwaste” when delivered to the MDF .

Such supermarket produce was included in the initial baseline level diversion calculation, which resulted in a 50.4% baseline diversion rate. Therefore, tons of supermarket culls and produce trimmings that are collected by Contractor as part of a regular Yardwaste route(s) and that are coded as “Yardwaste” when delivered to the MDF shall be included in the “Total Tons Collected for Recycling.” As noted above, tons of Residential Co- Collected Organics shall also be included.

The following are excluded from “Total Tons Collected for Recyc ling”: Food Waste collected in the pilot Commercial Food Waste collection program and any expansions of that program including the full -scale program; Electronic Waste and Universal Waste (anything with a cord) delivered to the MDF by customers; Bulky Goods delivered by customers to the MDF (with or without the City -issued coupon); dirt ; any materials self -hauled by NVUSD to the MDF; used motor oil collected by Contractor; used cooking oil collected by Contractor as part of the Recycle More program.

E. TOTAL TONS OF MSW COLLECTED BY CONTRACTOR

For the purposes of this Attachment V -3, “B” = “Total Tons of MSW Collected by Contractor” from residential, multi -family, commercial, roll- off, NVUSD and special events within the City of Napa, that are del ivered to the Transfer Station and billed by the Napa-Vallejo Waste Management Authority to the City. Tons hauled by Contractor in roll -off boxes from the City Corporation Yard directly to the Transfer Station as MSW are included in “B”. Tons of MSW or any other material hauled by Contractor at the City’s request from a City job site to the Transfer Station are included in “B”. The following materials are excluded from “B”: (i) Tons of MSW or any other material self -hauled by NVUSD to the Transfer Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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Station or to any other facility; (ii) Tons of MSW or any other material direct - hauled by City to the Transfer Station; (iii) Tons of RRI Residue hauled by the Contractor from the MDF to the Transfer Station; (iv) Tons of metal hauled by the Contractor from the MDF to the Transfer Station; (v) Tons of dirt and soils hauled by Contractor to the Transfer Station.

All loads of mixed C&D that are collected by Contractor and delivered to the Transfer Station are included in “B” as part of “Total Tons of MSW Collected by Contractor” and are not part of “A” (“Total Tons Collected for Recycling by Contractor”) regardless of whether or not those tons were ultimately diverted at the Transfer Station.

F. OTHER ELIGIBILITY REQUIREMENTS

1. For both “A” and “B” the tons must meet all of the following requirements:

a. Be collected by a vehicle owned by Contractor , operated by Contractor’s driver, and collected from a Contractor -owned container (bin, cart or roll - off box).
b. Be collected from a customer at an address within the City of Napa c. Be delivered by Contractor to either the MDF (in the case of “A”) or to the Transfer Station (in the case of “B”)
d. Have either a work order issued by Contractor (for roll -off loads) or be part of one of Contractor’s regularly scheduled collection r outes that is one hundred percent (100%) within the City of Napa, or be collected as part of the “by appointment” Recycle More collection routes.

2. In order to be included in the CI calculation as part of “A” , the tons must be weighed inbound at the MDF scales and receive an MDF weight ticket. In the event Contractor desires to resume direct-haul of concrete and/or asphalt to Syar or of metals to Steel Mill (or an equivalent facility) Contractor may submit a written request to City to direct -haul such materials to a specified processor and still have the tons included in the CI calculation. The City will consider and either grant or deny the request in writing within sixty (60) days of receipt. However, the City’s strong preference is for CI-eligible materials to be delivered to the MDF and receive an MDF weight ticket in order to count toward the CI. No tons will be included in the CI calculation without City-approved weight tickets from a certified scale.

G. THRESHOLD (CI BASELINE)

As noted abov e, the Contractor is paid the CI when the percentage of diverted materials exceeds the baseline of 50.4%.

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H. APPROVED DOCUMENTS OF RECORD

The document of record for “Total Tons Collected For Recycling by Contractor” (“A” in the C I formula ) is the MDF scale data for Tons weighed inbound at the MDF. The document of record for “Total Tons of MSW Collected by Contractor” (“B” in the C I formula) is the total tons listed in the NVWMA invoi ces to City that are City-approved and paid for, minus Tons of MDF RRI Residue delivered to the Transfer Station, minus Tons of metal delivered to the Transfer Station by Contractor, minus Tons of City dir ect-hauled materials to the Transfer Station, and minus Tons of dirt and soil delivered to the Transfer Station by Contractor.

The document of record for the Tons of MDF RRI Residue deliver ed to the Transfer Station and for Tons of metal delivered to the Transfer Station by Contractor is the MDF outbound scale records.

The City may utilize other data to verify the quantities of “Total Tons Collected for Recycling by Contractor”, “Total Tons of MSW Collected by Contractor”, and Tons of MDF RRI Residue for a given calendar year. For example, the City may use the Transfer Station inbound scale weights to cross check the number of tons of MSW, metal and/or RRI Residue delivered from the MDF and/or by Contractor. However, t he Transfer Station inbound scale weights are not the determinative database for calculation of the number of tons of RRI Residue or metal delivered to the Transfer Station. Similarly, the City may utilize Contractor’s collection database to cross check tonnages or loads of Recyclable Materials, and/or RRI Residue, however, Contractor’s collection database shall not be determinative for calculation of the number of tons to be included in either “A” or “B” for the CI calculation.

I. DISASTER DEBRIS

In the event of an earthquake, flood or similar natural disaster (such as the 2005/06 New Year’s Eve flood) the intent of the parties is that Contractor not benefit or be penalized with regard to the CI calculation, due to excess debris from the event. In the case of such an event, the City Council will declare an emergency situation and City will inform Contractor that an emergency situation exists. The tons of emergency debris and/or disaster debris will be tracked separately and will be excluded from the CI calculation for that calendar year.

J. REPORTING

Contractor shall report monthly in the Attachment R reports on the year -to-date “Total Tons Collected For Recycli ng by Contractor” and the “Total Tons of MSW Collected by Contractor”. Contractor shall show the cumulative (year -to-date) CI calculations in the monthly reports. Contractor shall, at City’s request, provide all requested documentation on “Total Tons Coll ected for Recycling by Contractor” and on the “Total Tons of MSW Collected by Contractor” including, but not limited Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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to, work orders, dispatch logs, customer billing information, Transfer Station records, Napa-Vallejo Waste Management Authority records and invoices and all other documents requested by City in order to verify the tonnages, number of loads, and other criteria required for calculation of the CI and verification of the eligibility of tons to be included in the “Total Tons Collected for Recyclin g by Contractor”, and the “Total Tons of MSW Collected by Contractor” for the C I calculation. Contractor shall also submit an annual narrative description of how diversion of tons collected by Contractor changed from the level achieved in the prior calendar year; listing all new, expanded and/or enhanced programs, new diversion methods, all other methods, facilities and additional equipment and/or labor used to achieve the diversion level achieved by Contractor for the subject calendar year.

K. SAMPLE CALCULATION

Step One. Identify and Sum “Total Tons Collected for Recycling by Contractor” During Year (“A” in the CI Formula)

Use the MDF scale house Soft -Pak database to sort for inbound diversion loads collected residential, commercial, and roll -off sour ces collected by NRWS from City of Napa. A n example of the glossa ry of the Soft -Pak database codes that are referred to herein appear s in Attachment V-4. The Soft -Pak database codes will be periodically revised by City when codes change or new material codes are added. For residential inbound diversion (coded as NRWS CITY RESIDENTIAL) collected in the City, the following materials codes are considered eligible:

SINGLE, YW, YWTOWOOD and ORGCOCOL . For commercial inbound diversion (coded NRWS CITY COMMERCIAL) collected in the City, the following materials codes are considered eligible: CARD, SINGLE, YW, YWTOWOOD. For roll-off diversion (coded NRWS CITY ROLL OFF) and collected from the City, the following material codes are considered eligible for inclusion in the diversion tons collected by NRWS: ALUM, APPL, ASPH, BULKY, CARD, CARD12, CARPET,

CARPTPAD, CONCR, ELEC, GLASS, GLASSBR, GLASSCL, GLASSGR,

HDPEMIX, HDPENAT, LDPEMIX, LDPENAT, MANURE, METAL, MIXCONT,

MXPLAS, NEWS, PAPERMX, PAPERWH, PET, PETFOIL, PUM, RECMRE,

ROCK, SAW, SHEET, SINGLE, SINGLEC, STUMPS, TIN, TIRE, WOOD, WDCP, YW, YWTOWOOD. Check to see if Contractor was approved by City to direct-haul any Recyclable Materials directly to Syar or another processor. If so, and City approved this method of delivery, retrieve MDF weight tickets for these materials and/or weight tickets from a certified scale at the third party processor (e.g. Syar). If Recyclable Materials were direct -hauled to Syar or a similar processor and no City -approved weight tickets exist for those materials, do not include them in the total. Sum all of the diversion weights from residential, commercial, roll -off, and Syar to determine total eligible tons collected for recycling by contractor for the year.

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Step Two. Identify and Sum “Total Tons of MSW Collected by Contractor” During Year (“B” in the CI Formula)

Use the Napa- Vallejo Waste Management Authority (NVWMA) invoices approved and paid by City to determine the “Total Tons of MSW Collected by Contractor” for the subject calendar year. Divide the monthly total amount invoiced to the City by the per ton disposal cost for each month to determine total tons of City-collected disposal sent to Transfer Station from MDF.

Step 2.1: Deduct Net Tons of MDF Residue Sent to Transfer Station from Total MSW Tons Collected by the Contractor
Calculate MDF RRI Residue by totaling the outbound tons sent to the Transfer S tation of R ESBL, RESCOM, RESCD, and RESMRF. Deduct MDF R esidue tonnage sent for reprocessing (Sof t-Pak facility code ‘SMURFIT STONE ROCKTE’) from total MDF RRI Residue sent to Transfer Station to calculate the net MDF RRI Residue sent to Transfer Station. Deduct the net MDF sent to the Transfer S tation from the total disposal tonnage.

Step 2.2: Deduct Metal Tons Sent to Transfer Station from Total MSW Tons Collected by the Contractor
Calculate tons of metal sent to the Transfer S tation (Soft-Pak facility code ‘NORTHERN RECYCLING – M’) from the MDF using the MDF outbound tickets. Deduct the metal tonnage sent to the Transfer S tation from the total disposal tonnage.

Step Three. Perform the CI Calculation

Divide the result from Step 1 by the sum of the results from Step 1 and Step 2 and multiply the quotient by 100 to obtain diversion percentage. Subtract this percentage from 50.4%. If the result is a negative number or zero, stop here. No incentive is owed because Contractor did not exceed the baseline of 50.4%.

Step Four. Calculate the Amount of the Incentive Owed

If the result of Step 3 is a positive number, multiply the result from Step 3 by 100 to convert from percentage. Multiply this number by $10,000 to determine the CI owed to Contractor (if any) subject to the cap in Section 12.04 B of the Contract.

The following are sample numerical calculations for the CI:

Sample #1. NRWS Exceeds the Baseline Diversion Rate

“Total Tons Collected for Recycling by Contractor” (“A”) = 42,000 tons “Total Tons of MSW Collected by Contractor” (“B”) = 34,000 tons

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42,000/(42,000+ 34,000) = 0.553 X 100 = 55.3% diversion

55.3% – 50.4% = 4.9%

4.9% x 0.01= 0.049

0.049 x 100 x $10,000 = $49,000

Sample #2. NRWS Does Not Exceed the Baseline Diversion Rate

“Total Tons Collected for Recycling by Contractor” (“A”) = 42,000 tons “Total Tons of MSW Collected by Contractor” (“B”) = 42,000 tons

42,000/(42,000+ 42,000) = 0.500 X 100 = 50.0% diversion

50.0% – 50.4% = -0.4%

The result is a negative number. Therefore, no incentive is owed because Contractor did not exceed the baseline of 50.4%.

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Attachment V-4 Page 1 of 3 18654862.1
ATTACHMENT V-4

SAMPLE GLOSSARY OF MATERIAL & FACILITY CODES

The following is a list of the codes in the Soft -Pak database for all materials. The list will be updated periodically by the City as codes change or new codes are added.

IMPORTANT: Check with City to obtain the most current version.

Collection Incentive:

Table 1: Collection Incentive Material Codes
Material Code Material
ALUM Aluminum
SINGLE Single-stream recycling
BULKY Bulky Items
YW Yardwaste
YWTOWOOD Yardwaste coded and processed as
wood
CARD Cardboard
CARD12 Cardboard #12
APPL Appliances
ASPH Asphalt
CARPET Carpet
CARPTPAD Carpet Padding
CONCR Concrete
ELEC Electronic waste
GLASS Mixed Glass
GLASSBR Brown Glass
GLASSCL Clear Glass
GLASSGR Green Glass
HDPEMIX Colored HDPE Plastic
HDPENAT Natural HDPE Plastic
LDPEMIX Colored LDPE Plastic
LDPENAT Natural LDPE Plastic
MANURE Manure
METAL Metal
MIXCONT Mixed CRV Containers
MXPLAS Mixed Rigid Plastic
NEWS Newspaper
PAPERMX Mixed paper
PAPERWH White paper

PET PET
PETFOIL PET Film Plastic
PUM Pomace
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ROCK Rock
SAW Sawdust
SHEET Sheetrock
SINGLEC Single Commercial/RO
STUMPS Stumps
TIN Tin Cans
TIRE Tires
WOOD Wood
WDCP Woodchips
MRF FINE MRF Fines
RECMRE Recycle More Route
RESCD Residual Cons & Demo
RESBL Residual Bulky items
ORGCOCOL Residential Co-Collected Organics
RESMRF Residual Clean MRF
RESCOM Residual Yard Waste

Residue Reduction Incentive:

Table 2: Residue Reducion Incentive Material Codes
Material Code Material
ALUM Aluminum
APPL Appliances
BULKY Bulky items
CANNABIS Cannabis Waste
CARD Cardboard
CARD12 Cardboard #12
CARPTPAD Carpet padding
COMIN Comingled recyclables
ELEC Electronic waste
FOOD Food waste
GLASS Mixed Glass
GLASSBR Brown glass
GLASSCL Clear glass
GLASSGR Green glass
HDPEMIX Colored HDPE Plastic
HDPENAT Natural HDPE Plastic
LDPEMIX Colored LDPE Plastic
LDPENAT Natural LDPE Plastic
MANURE Manure
METAL Metal
MILKB Baled Milk Carton In
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MIXCONT Mixed CRV containers
MXPLAS Mixed Rigid plastics
NEWS Newspaper
PAPERMX Mixed paper
PAPERWH White paper

PET PET
PETFOIL PET film
PKGLIQ Packaged Liquids
PKGORG Packaged Organics
PUM Pomace
RECMRE Recycle More Route
SAW Sawdust
SHEET Sheetrock
SINGLE Single stream recyclables
SINGLEC Single Commercial/RO
STUMPS Stumps

TIN Tin Cans
TIRECOUP Tire Coupon Used
TIRE Tires
WOOD Wood
WDCP Woodchips
YW Yardwaste
YWTOWOOD Yardwaste coded and processed as wood
RESBL Residual Bulky items
RESFOOD Resid Foodwaste
RESMRF Residual Clean MRF
RESCOM Residual Yard Waste
RESCD Residual Cons & Demo

Targeted Incentive:

Table 3: Targeted Incentive Material Codes
Material Code Material
ASPH Asphalt
CARPET Carpet
CONCR Concrete
METAL Metal
SHEET Sheetrock
WOOD Wood
YW Yardwaste

YWTOWOOD
Yardwaste coded and
processed as wood

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ATTACHMENT W
TRANSITION PLAN AT THE EXPIRATION OF TERM (DECEMBER 31, 2031)

The objectives of this Transition Plan are to (1) provide uninterrupted collection service to all customers while new equipment is delivered, (2) provide processing and marketing of residential and commercial recyclables while the existing Clean MRF equipment not purchased by City is dismantled and the new equipment is installed, (3) allow the selected New Contractor adequate time to properly install, test, and operate the new Clean MRF equipment at full design capacity prior to expiration of this contract, and (4) provide for a transparent transition of data management system.

The City and Contractor agree to cooperate fully with one another and to work together to achieve a smooth, timely, and efficient transition that enables (a) collection of residential and commercial MSW, Recyclables, Yard Trimmings and (b) the MDF operations to be conducted effectively, and without interruption (as more fully described below) both in the months prior to the transition to the new contract and immediately preceding expiration of this contract.

This Transition Plan also will apply to Contractor in the event Contractor is the selected New Contractor to ensure a smooth transition from the then existing mode of operations to the new mode of operations.

The terms “Clean MRF equipment” and “processing equipment” used in this Transition Plan refer to those pieces of equipment that are used in, or immediately adjacent to, the MRF Building to process “recyclables.” “Recyclables” refer to residential and commercial source separated or commingled “single stream” recyclables.

The following tasks shall be completed as part of this Transition Plan:

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A. ACCESS TO MDF FACILITY FOR CITY AND SELECTED NEW

CONTRACTOR

1. The City and its agents shall have the right to access all parts of the MDF to carry out any activities related to this Transition Plan.

2. In exercising its rights under this section, City shall enter the Premises in a manner consistent with safety laws and regulations and appropriate to the nature of the operations conducted on the Premises, and shall not interfere with the daily operations of the MDF.

If Contractor has concerns regarding the impact that access by City and City invitees may have on safety or operations efficiency, it may bring them to City’s attention. City shall give due consideration to such concerns but is not required to modify its access procedures in light of them, provided such access complies with the other provisions of this Attachment.

3. The City’s right to access the MDF shall include the personnel of the City's selected New Contractor (including its employees, officers, agents, equipment manufacturers, vendor representatives, consultants, engineers, and subcontractors). During the period two months prior to expiration of this contract, the City need not give advance notification of entry onto the MDF by the New Contractor.

B. SURRENDER OF PREMISES

1. On the expiration or earlier termination of Contract, Contractor shall quit the Premises and surrender possession to City. C ontractor shall leave the Premises in as good order, condition, and repair as it was on the Commencement Date except for reasonable wear and tear, and damage caused by casualty losses.

Contractor shall leave the Premises free of all liens, charges or encum brances resulting from any act or omission on Contractor’s part and shall indemnify City Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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against any loss, expense, damage, costs or attorney fees arising out of Contractor’s failure to do so.

2. City may purchase equipment, inventory, or other items from Contractor prior to expiration of Contract. City shall notify Contractor of intent to purchase on or before 120 days prior to expiration of Contract. The price shall be determined as provided in section 7.05 of the Contract. Items purchased by City shall not be removed from the MDF site upon expiration of Contract.

3. On expiration or earlier termination of this Contract, Contractor shall, without expense to City, remove or cause to be removed from Premises:

a. All debris, rubbish and waste, including but not limited to “electronic waste” (televisions, computers, etc.);

b. All furniture, equipment, and other items of personal property owned by Contractor not purchased by City.

c. All recyclables, baled or unbaled;

d. All stockpiled concrete and asphalt, which shall be crushed and sold, or otherwise moved off the Premises, on or before 30 days prior to expiration of this contract;

e. All stockpiled wood (except that required for compost operations during the month prior to expiration of this contract), which shall be chipped, ground, or otherwise processed and moved off the Premises, by 30 days prior to expiration of this contract;

f. A ll chipped wood stored and sold for biomass fuel; and

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g. All finished compost.

4. Contractor shall, at its expense, repair all damage that may occur to Premises caused by Contractor’s removal of these items. None of the items listed in b through g above shall be disposed at a landfill or transfer station, but shall be sold or donated for such uses as shall provide the City with diversion credit under the Act.

5. The following materials shall be left on the Premises:

a. Organic materials still in the composting process;

b. Concrete, asphalt and wood received during the month prior to expiration of this contract from the construction/demolition program shall be left in stockpiles.

6. City shall pay Contractor the market value of materials required to be left on the Premises, with market value determined by reference to amounts received by Contractor from sale of those materials to the public or third party, arms -length purchasers during the immediately preceding month.

7. If Contractor leaves behind materials with no or “negative” value based on commercially reasonable markets and prices (i.e., which City must pay a third party to accept or remove), Contractor shall reimburse City for those costs.

C. REMOVAL, DELIVERY AND INSTALLATION OF NEW CLEAN MRF

PROCESSING, COMPOSTING, AND CONSTRUCTION AND DEMOLITION

EQUIPMENT

1. At the request of the City, beginning at least two months prior to expiration of this contract, Contractor will transfer all recyclables delivered to the Clean MRF from Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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all sources then using the Clean MRF, to an Alternate Facility for sorting, processing and marketing. Contractor’s compensation will be adjusted to reflect the additional cost, if any, associated with transferring recyclables to the Alternate Facility. During this period, Contractor will transfer and haul the recyclables from the Clean MRF on a daily basis for all days that recyclables are collected in the City of Napa. During this period, storage and transfer of recyclables shall be conducted in an area not to exceed one quarter of the area of the Clean MRF building under roof; areas outside the Clean MRF building may also be used if such usage does not adversely affect the quality of the recyclables, is in conformance with all existing permits, laws, and regulations, and does not impede the installation of Clean MRF equipment by the selected New Contractor (see below). Contractor shall invoice the City of Napa on a monthly basis for the transfer of the recyclables as provided herein and shall submit an invoice by the 10 th day of the following month that shows the individual weigh scale transactions and total tons of material received at the Alternate Facility each day during the preceding month, the total amount due from the City, and the tons of each of the following materials that were diverted to the Alternate Facility: newspaper, glass, HDPE, PET, cardboard, mixed paper, aluminum, steel, and tin. The City shall pay said invoice within thirty (30) days of receipt. With respect to the tons of each type of material diverted to the Alternate Facility, Contractor shall calculate a percentage of such material that is recycled based on the average diversion for the subject material types processed at the Alternate Facility for the prior three (3) month period.

2. Contractor shall remove all processing equipment (except that purchased by the City pursuant to section B.2, above, and Article 7) inside, protruding through, or immediately outside and adjacent to the Clean MRF building, including all conveyor belts, balers, and screens, between 45 and 60 days prior to expiration of this contract. Said equipment is to be moved completely off the MDF site and hauled away at the expense of Contractor. On or about 45 days prior to expiration of this contract, representatives of the City and the selected New Contractor shall Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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meet at the MDF with representatives of Contractor to review the condition of the property, MDF buildings, and to confirm that the equipment has been removed to the satisfaction of the City. The City representatives s hall inspect the site and document any damage to the Clean MRF buildings resulting from the removal of the Clean MRF equipment. If damage is found, Contractor shall be responsible for the cost of repair.

3. Contractor shall remove processing equipment (except that purchased by the City pursuant to section B.2, above, and Article 7) used for composting operations, including all grinders and screens, by 1 day prior to expiration of this contract.

Such removal may begin 2 weeks prior to the expiration of this contract. Said equipment is to be moved completely off the MDF site and hauled away at the expense of Contractor. On or about 1 day prior to expiration of this contract, representatives of the City and the selected New Contractor shall meet at the MDF with representatives of Contractor to review the condition of the property and to confirm that the equipment has been removed to the satisfaction of the City. The City representatives shall inspect the site and document any damage to the MDF resulting from the removal of the composting equipment. If damage is found, Contractor shall be responsible for the cost of repair.

4. Contractor shall remove processing equipment (except that purchased by the City pursuant to section B.2, above, and Article 7) used for construction and demolition debris processing operations, including all grinders and screens, between 7 and 15 days prior to expiration of this contract. Said equipment is to be moved completely off the MDF site and hauled away at the expense of Contractor. On or about 6 days prior to expiration of this contract representatives of the City and the selected New Contractor shall meet at the MDF with representatives of Contractor to review the condition of the property and to confirm that the equipment has been removed to the satisfaction of the City. The City representatives shall inspect the site and document any damage to the MDF resulting from the removal of the Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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construction and demolition debris processing equipment. If damage is found, Current Contractor shall be responsible for cost of repair.

5. Beginning 45 days prior to expiration of this Contract, the New Contractor will begin installation of the new Clean MRF equipment. Said installation, equipment testing and operation of the equipment will continue until termination of current contract.

Contractor shall cooperate fully with the selected New Contractor’s installation of equipment during this period. Said cooperation shall include, but not be limited to, (1) assisting the selected New Contractor in storing equipment on the MDF site; (2) promptly and completely responding to the then current actual knowledge and belief of Contractor to questions about utilities, the MDF buildings, and any other issues that the City, the selected New Contractor, the new Clean MRF equipment manufacturer, and all individuals assisting with the equipment installation may have; (3) conducting operation of the compost facility, C&D facility, maintenance operations, and all other functions at the MDF site so as to create as much space as possible, without interference to Contractor operations, for the selected New Contractor to assemble and install the new Clean MRF equipment; and (4) complying with the area restrictions for storage and transfer of recyclables described in Section C.1., above.

6. Beginning 45 days prior to expiration of this contract, the New Contractor will begin receiving equipment at the MDF related to composting and C&D processing activities, which continue until expiration of Contract. Contractor shall c ooperate fully with the selected New Contractor’s receipt of equipment during this period.

Said cooperation shall include, but not be limited to, (1) assisting the selected New Contractor in storing equipment on the MDF site; (2) promptly and completely responding to the then current actual knowledge and belief of Contractor to questions about the MDF site, and any other issues that the City, the selected New Contractor, new equipment manufacturers, and all individuals assisting with collection, composting and other processing activities may have; (3) conducting operation of the compost facility, C&D facility, maintenance operations, and all Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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other functions at the MDF site so as to create as much space as possible, without interference to Contractor operations, for the selected New Contractor to assemble and install the new equipment; and (4) complying with the area restrictions for storage and transfer of recyclables described in Section C.1., above.

7. When the new Clean MRF equipment is ready for testing, Contractor shall, at the request of the selected New Contractor, leave at the Clean MRF (and not transport to the Alternate Facility) a quantity of recyclables to be specified by the selected New Contractor. Said materials, which shall continue to be owned by Contractor, will be processed through the newly -installed Clean MRF equipment to test the equipment. The selected New Contractor will inform Contractor of the quantity of materials it wants to process in writing at least forty -eight (48) hours prior to the proposed testing. When the equipment is ready to process additional materials, as it is being operated closer to its full design capacity, the selected New Contractor will provide written notice to Contractor of the increased quantities of recyclables to be left at the Clean MRF for processing. This process will continue until the new Clean MRF equipment is tested and operated at its full design capacity and is accepted by the City. From 60 days prior to expiration of this contract, Contractor shall provide roll-off boxes for residual storage from the new processing lines and shall haul said boxes to the transfer station when full; provided, however, that after expiration of this contract, the New Contractor shall be required to provide such roll -off boxes for residual storage from the new processing lines.

8. The parties plan that the new Clean MRF equipment will be installed, fully tested, and accepted by the City on or before expiration of this Contract. Regardless of whether or not the City accepts the new Clean MRF equipment before expiration of this Contract, Contractor will continue to transfer, process, and market the recyclables from the MDF at the Alternate Facility through the close of business on final day of this contract.

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9. In the event that the installation, testing, or acceptance of the new Clean MRF processing equipment is not completed by expiration of this contract, the selected New Contractor shall transfer material from the Napa MDF to the Alternate Facility until the new Clean MRF equipment is fully installed, tested, and accepted by the City. City shall likewise provide seven (7) days written notice to Contractor of the date when the new Clean MRF equipment will be ready for full operation and the transfer and use of the Alternate Facility can cease.

D. REMOVAL AND DELIVERY OF COLLECTION EQUIPMENT AND ALL OTHER

EQUIPMENT

1. Contractor shall remove all carts, bins, roll offs and other collection equipment (except that purchased by the City pursuant to Section B.2, above, and Article 7) in service prior to expiration of this contract. Said equipment is to be removed completely from service and hauled away at the expense of the Current Contractor.

Current Contractor’s removal schedule shall be coordinated with delivery schedule of new Contractor. On or about 45 days prior to expiration of this contract representatives of the City and the selected New Contractor shall meet with representatives of Contractor to coordinate and verify equipment removal schedule.

2. Contractor shall remove inventory of all carts, bins, roll offs, vehicles and other collection related equipment (except that purchased by the City pursuant to Section B.2, above, and Article 7) between 7 and 15 days prior to expiration of this contract. Said equipment is to be moved completely off the MDF site and hauled away at the expense of the Contractor. On or about 6 days prior to termination of this contract representatives of the City and the selected New Contractor shall meet at the MDF with representatives of Contractor to review the condition of the property, Clean MRF buildings, and to confirm that the equipment has been removed to the satisfaction of the City. The City representatives shall inspect the site and document any damage to the Clean MRF buildings resulting f rom the Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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removal of the collection equipment. If damage is found, Contractor shall be responsible for the cost of repair.

3. Contractor shall remove all other equipment including maintenance shop, tools, parts, lifts, shelving, truck wash; and all items inside Clean MRF buildings from the MDF site between 1 and 7 days prior to expiration of this contract. Said equipment is to be moved completely off the MDF site and hauled away at the expense of the Contractor.

4. Beginning 45 days prior to expiration of this contract the New Contractor will begin receiving equipment at the MDF related to collection which will continue until expiration of current contract. Contractor shall cooperate fully with the selected New Contractor’s receipt of equipment during this period. Said cooperation shall include, but not be limited to, (1) assisting the selected New Contractor in storing equipment on the MDF site; (2) promptly and completely responding to the then current actual knowledge and belief of Contractor to questions about current customer routes, and any other issues that the City, the selected New Contractor, new equipment manufacturers, and all individuals assisting with collection activities may have; and (3) conducting operation of the compost facility, C/D facility, maintenance operations, and all other functions at the MDF site so as to create as much space as possible, without interference to Contractor operations, for the selected New Contractor to assemble and store the new collection equipment.

5. Contractor shall leave all equipment, inventory and items owned by City.

Contractor shall provide a list of such equipment, inventory and items to City 30 days before end of current contract.

E. SCALE HOUSE OPERATIONS AND REPORTS

1. At the close of business on final day of Contract, at the City’s discretion, a qualified representative of PC Scales shall be on site at the MDF to oversee the closeout of Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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the scale records by Contractor and the processing of reports from the PC Scales software program to memorialize the final days and weeks of transactions. The City shall bear the cost of the PC Scales representative and shall work with PC Scales to determine the best-qualified representative to perform this work.

2. By the final day of Contract, Contractor shall make an electroni c copy of the customer credit account data, all transactions stored in the system, all invoicing and billing information, all tonnage reports, all customer lists for collection, all routing lists, and all other information, programs, and reports in the PC Scales software system (or any other data storage system maintained by Contractor) and shall provide same to the City. If requested by City, Contractor shall also prepare a hard copy printout of the last thirty (30) days worth of transactions and submit same to the City. The electronic and hard copies of said data and information shall be delivered to the City within four (4) and twenty-four (24) hours, respectively.

3. One time quarterly for each quarter of the final year of the Contract, Contractor shall provide the City with electronic copies of all of the customer credit account data; all transactions stored in the PC Scales or any other data storage system; all invoicing and billing information; all tonnage reports; all customer lists for collection; all routing lists; an equipment inventory of all carts, bins, roll offs; and all other information, programs and reports in the PC Scales software system or any other data storage system, in a form acceptable to the City and via electronic media to be mutually agreed upon by the City and Contractor. Not later than 30 days prior to expiration of this Contract, Current Contractor shall provide the fourth electronic copy of said system data and information. The fifth and final copy of the data and information shall be delivered to the City at the close of business on final day of current contract, as described in Section E.2. above.

4. As said electronic copies of the PC Scales data and information are provided to the City, Contractor shall respond promptly to questions from the City concerning such data and information.

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F. PROVISION OF STORAGE AREAS FOR DELIVERY OF EQUIPMENT FOR

SELECTED NEW CONTRACTOR

1. During the 60 days prior to expiration of this contract, Contractor shall allow the selected New Contractor to take delivery of, and store, new Clean MRF equipment, new collection equipment and all ancillary parts and components thereof, at the MDF site (lay down yard). Contractor shall allow the selected New Contractor to establish a secure inventory system and storage area for all equipment and parts stored at the MDF site. This may include use of temporary fencing and security personnel to control access to, and movement of, new equipment and inventory.

The selected New Contractor will store said equipment so as to minimize any impact on MDF operations.

2. A meeting between the City, Contractor, and the selected New Contractor shall be held approximately 3 months prior to expiration of this Contract, to discuss the coordination of delivery and storage of Clean MRF equipment, collection equipment and such other equipment that can be stored on the MDF site without interference with MDF operations by Contractor. The decisions agreed to at the meeting will be recorded by the City and confirmed in a letter to Contractor and the selected New Contractor.

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ATTACHMENT X

GUARANTY

THIS GUARANTY (the "Guaranty") is given as of the ____ day of __________, 20___, by GREG KELLEY (hereafter "Guarantor"), to the CITY OF NAPA, a public agency (hereafter "the City").

THIS GUARANTY is made with reference to the following facts and circumstances:

A. Napa Recycling & Waste Services, LLC is a limited liability company organized under the laws of the State of California (“Contractor”). Guarantor is a member of Contractor and has been appointed its Manager.

B. The City contemplates entering into a “Contract for the Collection and Transportation of Municipal Solid Waste, Recyclable Materials, and Yardwaste and the Operation of the Napa Materials Diversion Facility,” under which Contractor is to provide specified services to the City, its residents and businesses. A copy of this Agreement is attached hereto and incorporated herein by this reference.

C. It is a requirement of the Agreement, and a condition to the City's entering into the Agreement, that Guarantor guaranty Contractor's performance of the Agreement.

D. Guarantor is providing this Guaranty to induce the City to enter into the Agreement.

NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as follows:

1. Guaranty of the Agreement. Guarantor hereby irrevocably and unconditionally guarantees to the City the complete and timely performance, satisfaction and observation by Contractor of each and every term and condition of the Agreement which Contractor is required to perform, satisfy or observe. In the event that Contractor fails to perform, satisfy or observe any of the terms and conditions of the Agreement, Guarantor will promptly and fully perform, satisfy or observe them in the place of the Contractor.

Guarantor hereby guarantees payment to the City of any damages, costs or expenses which might become recoverable by the City from Contractor due to its breach of the Agreement.

2. Guarantor's Obligations Are Absolute. The obligations of the Guarantor hereunder are direct, immediate, absolute, continuing, unconditional and unlimited, and with respect to any payment obligation of Contractor under the Agreement, shall constitute a guarantee of payment and not of collection, and are not conditional upon the genuineness, validity, regularity or enforceability of the Agreement.

3. Waivers. The Guarantor shall have no right to terminate this Guaranty or to be released, relieved, exonerated or discharged from its obligations under it for any reason whatsoever, including, without limitation: (1) the insolvency, bankruptcy, reorganization or Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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cessation of existence of the Contractor; (2) any amendment, modification or waiver of any provision of the Agreement; (3) the actual or purported rejection by a trustee in bankruptcy of the Agreement, or any limitation on any claim in bankruptcy resulting from the actual or purported termination of the Agreement; (4) any waiver, extension, release or modification with respect to any of the obligations of the Agreement guaranteed hereunder or the impairment or suspension of any of the City's rights or remedies against Contractor; or (5) any merger or consolidation of the Contractor with any other corporation, or any sale, lease or transfer of any or all the assets of the Contractor. Without limiting the generality of the foregoing, Guarantor hereby waives the rights and benefits under California Civil Code Section 2819.

The Guarantor hereby waives any and all benefits and defenses under California Civil Code Sections 2845, 2849 and 2850, including, without limitation, the right to require the City to (a) proceed against Contractor, (b) proceed against or exhaust any security or collateral the City may hold now or hereafter hold, or (c) pursue any other right or remedy for Guarantor's benefit, and agrees that the City may proceed against Guarantor for the obligations guaranteed herein without taking any action against Contractor or any other guarantor or pledgor and without proceeding against or exhausting any security or collateral the City may hold now or hereafter hold. Guarantor agrees that the City may unqualifiedly exercise in its sole discretion any or all rights and remedies available to it against Contractor or any other guarantor or pledgor without impairing the City's rights and remedies in enforcing this Guarantee.

The Guarantor hereby waives and agrees to waive at any future time at the request of the City, to the extent now or then permitted by applicable law, any and all rights which the Guarantor may have or which at any time hereafter may be conferred upon it, by statute, regulation or otherwise, to avoid any of its obligations under, or to terminate, cancel, quit or surrender this Guaranty. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not affect the liability of the Guarantor hereunder: (a) at any time or from time to time, without notice to the Guarantor, the time for Contractor's performance of or compliance with any of its obligations under the Agreement is extended, or such performance or compliance is waived; (b) the Agreement is modified or amended in any respect; (c) any other indemnification with respect to Contractor's obligations under the Agreement or any security therefor is released or exchanged in whole or in part or otherwise dealt with; or (d) any assignment of the Agreement is effected which does not require the City's approval.

The Guarantor hereby expressly waives diligence, presentment, demand for payment or performance, protest and all notices whatsoever, including, but not limited to, notices of non-payment or non-performance, notices of protest, notices of any breach or default, and notices of acceptance of this Guaranty. If all or any portion of the obligations guaranteed hereunder are paid or performed, Guarantor's obligations hereunder shall continue and remain in full force and effect in the event that all or any part of such payment or performance is avoided or recovered directly or indirectly from the City as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation given by Guarantor or Contractor prior to such avoidance or recovery, and (b) payment in full of any obligations then outstanding.

4. Term. This Guaranty is not limited to any period of time, but shall continue in full force and effect until all of the terms and conditions of the Agreement have been fully performed by Contractor, and Guarantor shall remain fully responsible under this Guaranty Proposed SB 1383 Contract Amendment (4/6/2023 Version)

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without regard to the acceptance by the City of any performance bond or other collateral to assure the performance of Contractor's obligations under the Agreement. Guarantor shall not be released of its obligations hereunder so long as there is any claim by the City against Contractor arising out of the Agreement based on Contractor's failure to perform which has not been settled or discharged.

5. No Waivers by City. No delay on the part of the City in exercising any rights under this Guaranty or failure to exercise such rights shall operate as a waiver of such rights. No notice to or demand on Guarantor shall be a waiver of any obligation of Guarantor or right of the City to take other or further action without notice or demand. No modification or waiver by City of any of the provisions of this Guaranty shall be effective unless it is in writing and signed by the City and by Guarantor, nor shall any waiver by City be effective except in the specific instance or matter for which it is given.

6. Attorney's Fees. In addition to the amounts guaranteed under this Guaranty, Guarantor agrees to pay actual attorney's fees and all other costs and expenses incurred by the City in enforcing this Guaranty, or in any action or proceeding arising out of or relating to this Guaranty, including any action instituted to determine the respective rights and obligations of the parties hereunder.

7. Governing Law; Jurisdiction. This Guaranty is and shall be deemed to be a contract entered into in and pursuant to the laws of the State of California and shall be governed and construed in accordance with the laws of California without regard to its conflicts of laws rules for all purposes, including, but not limited to, matters of construction, validity and performance. Guarantor agrees that any action brought by the City to enforce this Guaranty may be brought in any court of the State of California and Guarantor consents to personal jurisdiction over it by such courts. Guarantor appoints the following person as its agent for service of process in California:
[PLEASE INSERT THE CORRECT AGENT FOR SERVICE OF
PROCESS]
2255 Third Avenue
Napa, CA 94558

8. Severability. If any portion of this Guaranty is held to be invalid or unenforceable, such invalidity shall have no effect upon the remaining portions of this Guaranty, which shall be severable and continue in full force and effect.

9. Binding on Successors. This Guaranty shall inure to the benefit of the City and its successors and shall be binding upon Guarantor and its successors, including transferee(s) of substantially all of its assets.

10. Subordination. Any claims Guarantor may have against Contractor are hereby subordinated to any and all claims of the City against Contractor until such time as the obligations of Contractor to the City are fully satisfied and discharged.

11. Notices. Notice shall be given in writing, deposited in the U.S. mail, registered or certified, first class postage prepaid, addressed as follows:

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To the City: City of Napa
Attention: Finance Department
P.O. Box 660
Napa, CA 94559-0660
Attention: Finance Director
With a copy to the City Attorney at the same address.

To Guarantor: Greg Kelley
3216 Vichy Avenue
Napa, CA 94558
The parties may change the address to which notice is to be sent by giving the other party notice of the change as provided in this Section.

IN WITNESS WHEREOF, Guarantor has executed this Guaranty on the day and year first above written.

Greg Kelley

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ATTACHMENT Y

ARBITRATION OF DISPUTES ARISING UNDER SECTIONS 12.13 AND 12.14

1. Demand for Arbitration
If Contractor is dissatisfied with a decision of the City under Section 12.13 or 12.14, it shall serve a Demand for Arbitration on the City within thirty (30) days of that decision.

The Demand for Arbitration shall describe the issues to be arbitrated and Contractor’s contentions relating to those issues. The Demand shall be served on the City Manager with a copy delivered to the City Attorney.

2. Number and Qualifications of Arbitrators
The arbitration shall be conducted by a panel of three (3) arbitrators. One arbitrator shall be appointed by Contractor, one arbitrator shall be appointed by the City, and the third arbitrator shall be appointed by the other two arbitrators. The third arbitrator of the arbitration panel shall be an attorney licensed to practice within the courts of the State of California and shall be the “neutral arbitrator” referred to in California Code of Civil Procedure Section 1280(d). No member of the panel shall be an officer, employee, agent, or attorney of Contractor or the City, or an affiliate of Contractor. Alternatively, the parties may agree on a single arbitrator, in which case that arbitrator shall be the “neutral arbitrator”.

3. Appointment
Within thirty (30) days after a Demand for Arbitration has been served, each party shall personally serve the other with notice of the names of the arbitrators they have selected.

The two arbitrators named by the parties shall select the third arbitrator within thirty (30) days. If they are unable to agree upon a third arbitrator, either may request the Presiding Judge of the Superior Court in Napa County to make the appointment.

4. Powers of Arbitrators; Conduct of Proceedings
(a) Except as hereinafter provided, arbitrations shall be conducted under and be governed by the provisions of California Code of Civil Procedure, Sections 1282.2 through 1284.2 (hereinafter, collectively, “Code sections”), and arbitrators appointed hereunder shall have the powers and duties specified by the Code sections.
(b) Unless waived in writing by the parties, the notice of hearing served by the neutral arbitrator shall not be less than 90 days.

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(c) The lists of witnesses (including expert witnesses), and the lists of documents (including the reports of expert witnesses) referred to in Code of Civil Procedure Section 1282.2 shall be mutually exchanged, without necessity of demand therefor, no later than sixty (60) days prior to the date of the hearing, unless otherwise agreed in writing by the parties.
(d) The time for making the award shall be no later than twelve (12) months after service of the initial Demand for Arbitration, provided that such time may be waived or extended as provided in Code of Civil Procedure Section 1283.8. (e) The arbitrators shall not base their award on information not obtained at the hearing.
(f) The provisions for discovery set forth in Code of Civil Procedure Section 1283.05 are incorporated into and made part of this contract, except that (1) leave of the arbitration panel need not be obtained for the taking of depositions, including the depositions of expert witnesses; (2) the provisions of Code of Civil Procedure Section 2034.010 et seq., relating to discovery of expert witnesses, shall also be applicable to arbitration proceedings arising under this contract, except that the time period set forth in Section 2037(a) shall be deemed to be not later than sixty (60) days prior to the date for the hearing; and (3) all reports, documents, and other materials prepared or reviewed by any expert designated to testify at the arbitration shall be discoverable.
(g) The arbitration award shall be in writing and determined by a majority of the members of the arbitration panel.
(h) The arbitration panel jurisdiction and authority are limited to a determination of the amount of compensation due to Contractor under this contract and directing payment thereof. The arbitration panel is not authorized, and does not have jurisdiction, to determine or award money damages against City, its officers, employees or agents.

5. Costs.

Each party shall pay the compensation and expense of the arbitrator which it appoints, as well as its own costs and attorneys’ fees, expert and witness fees, and other expenses incurred in preparing and presenting its case. The compensation and expenses of the neutral arbitrator, rental of the hearing room, costs of a stenographic reporter, and other costs of the arbitration shall be divided equally between and paid equally by Contractor and City.

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ATTACHMENT Z
Napa Recycling & Waste Services
3216 Vichy Ave
Napa, CA 94558
12-7-2004
Waste Management Employees
Teamsters Local 490
In response to questions that have been asked concerning our intentions about employees who will be performing collection services under the new contract and the union representation of those employees, I offer the following. We intend to hire our collection employees from the pool of current union-represented employees of Waste Management who are performing collection service under the existing contract with the City of Napa. We intend to start the hiring process in January 2005, after which we will start the negotiations on a new collective bargaining agreement. NRWS will also recognize the current collective bargaining agreement as it was originally drafted and signed in 2000 and that is currently due to expire June 1, 2005. NRWS will not recognize any side letters, agreements or modifications to the.original agreement that have taken place or may take place during the life of the agreement. NRWS will recognize Teamsters Local 490 as the bargaining agent. NRWS will enter into good faith negotiations with the Union for a new collective bargaining agreement.

Please feel free to contact Greg Kelley at 252-4312 if you have any questions.

Sincerely.

Greg Kelley
General Manager
Attachment Z Page 1 of 1
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ATTACHMENT AA

AGREEMENT BETWEEN THE CITY OF NAPA AND NORTHERN RECYCL
ING

OPERATIONS AND WASTE SERVICES, LLC
INCLUDES:

PART 1 – ORGINAL AGREEMENT
PART 2 – FIRST AMENDMENT
PART 3 -- SECOND AMENDMENT
Attachment AA
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[tYOfNaPa(2LX

AGREEMENT
This Agreement is entered into as of the 6th day of July , 2010, by and between the CITY OF NAPA, a charter city and municipal corporation (hereinafter referred to as the “City”) and NORTHERN RECYCLING OPERATIONS AND WASTE SERVICES, LLC, a California limited liability company (hereinafter referred to as “Northern”).

RECITALS

1. In January 2004 the City purchased the Napa Materials Diversion Facility (“Napa MDF”) located at 820 Levitin Way, Napa County in order (a) to control the capital facilities necessary to collect and process residential and commercial Recyclable Materials and Yardwaste generated in Napa, (b) to control the costs for collecting and processing these materials in the future, and (c) to be able to offer a publicly-owned facility to other jurisdictions for processing their Recyclable Materials.

2. During 2004 the City conducted a competitive Request for Proposals process for operation of the Napa MDF and collection of Recyclable Materials and municipal solid waste in the City.

The City awarded a ten year contract to Napa Recycling and Waste Services, LLC (“NRWS”) in December 2004. NRWS took over operation of the City’s collection system and the Napa MDF on October 1, 2005.

3. As required by its contract with the City, NRWS installed new Recyclable Materials sorting equipment in the Napa MDF in 2005. The new equipment included a conveyor belt system, sorting platform, newspaper sorting screens, a debris roll screen, overhead magnet, air conveying system, storage bins and a new baler.

4. In May 2005 the City executed a Memorandum of Understanding (“MOU”) with the County of Napa to process Recyclable Materials and Yardwaste collected in County unincorporated areas by Napa County Recycling and Waste Services, LLC (“NCRWS”) for a period of ten (10) years.

NCRWS is an affiliate to NRWS and shares common ownership, management and control.

5. The Napa MDF receives and processes Recyclable Materials, Yardwaste, and other materials from the public and materials collected in other jurisdictions that are delivered by the jurisdictions’ designated waste and recycling haulers.

6. The residue left over after the processing of materials at the Napa MDF, that can neither be recycled nor composted, is delivered to the Devlin Road Transfer Station (“DRTS”), located adjacent to the Napa MDF at 889 Devlin Road. The DRTS is owned by the Napa-Vallejo Waste Management Authority (“Authority”), a joint powers agency whose members include the City, the County of Napa and the cities of Vallejo and American Canyon.

7. Pursuant to the Authority formation agreement and subsequent amendments, the City committed to deliver Municipal Solid Waste collected in Napa and residue from the Napa MDF to the DRTS for disposal. The formation agreement also states: “The Authority shall not provide any recycling services that duplicate or compete with recycling services provided by any Member (at the time the Authority determines to provide new or expanded recycling services) without the consent of the Member.”

8. In late 2006 the Authority issued a Request for Proposals for operation of the DRTS which included a requirement that the operator divert for recycling a minimum of twelve percent (12%) of the incoming Municipal Solid Waste. The Authority’s contract with the former operator (Allied) ended 1 Attachment AA
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June 30, 2007. Three proposals were received and in April 2007 the Authority awarded a fifteen (15) year contract to Northern Recycling Operations and Waste Services, LLC (“Northern”). Northern is an affiliate to NRWS and NCRWS and shares common ownership, management and control with each.

9. The Northern proposal to the Authority stated Northern would recycle twenty-five percent (25%) of the incoming material at the DRTS, and diversion would increase to 35%. Northern’s proposal stated that many types of Recyclable Materials recovered at the DRTS would be processed at the Napa MDF.

10. After submittal of the proposal to the Authority, Northern requested pricing from the City for processing Recyclable Materials from the DRTS at the Napa MDF. In addition to the pricing issue, the Northern proposal also created several significant changes to conditions that were not contemplated in the terms of the contract between the City and NRWS. There was not sufficient time for the parties to complete negotiations on these issues prior to the Authority’s award of the DRTS operations contract to Northern.

11. The City and Northern agreed to an interim arrangement for the period July 1 through December 31, 2007 wherein Northern would deliver materials for processing at the Napa MDF via NCRWS at the prices set forth in the May 2005 MOU between the City of Napa and Napa County. In addition, the parties outlined concepts to address other changed conditions created by the Northern proposal. The City, Northern and NRWS memorialized their intention to address concerns raised by Northern’s proposal in a April 9, 2007 Joint Summary Report, signed by the parties and presented to the Napa City Council at its regular meeting on April 17, 2007. The City Council directed staff to complete the negotiations and return with a final agreement between the City and Northern and a Second Amendment to the contract between the City and NRWS.

12. On March 19, 2010 the Authority approved an amended and restated agreement with Northern that reduced the required diversion level from twenty five percent (25%) to fourteen percent (14%) of the inbound tonnage at the DRTS. The amendment made other changes to the Authority’s agreement with Northern.

13. This Agreement is the result of negotiations between the City and Northern. The Second Amendment to the City-NRWS contract is the result of negotiations between the City and NRWS. The two documents are intended to coordinate the activities of the City, NRWS and Northern in the regional use of the Napa MDF and the DRTS so that the facilities do not compete and do not duplicate infrastructure. Neither the City nor Northern will employ any artifice, business structure or other stratagem to circumvent or undermine the spirit and purpose of this Agreement or the spirit and purpose of the City-NRWS 2004 contract.

14. It is the intention of the parties that this Agreement provide the terms and pricing for processing of materials normally received at the DRTS. This Agreement is not intended to apply to materials that would not normally be delivered to or received at a transfer station or at a transfer station with a buy back facility.

NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and for other good and valuable consideration, the parties agree as follows:

SECTION 1. MATERIALS TO BE DELIVERED AND PROCESSED
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A. Materials To Be Delivered.

Northern must deliver all of the following listed materials that have been received and processed at the DRTS (including materials received at the drop off and reuse center and at the buyback center) to the Napa MDF for baling (where applicable) and marketing. Northern further agrees that it will not utilize any other processing or marketing facility, recycling center or broker for the final baling and/or marketing of the below-listed materials. Northern makes no guarantee as to the number of tons of each material it will deliver to the Napa MDF.

The materials to be delivered by Northern include all of the following:
1) Pre-Processed. Baler-Ready Recyclable Materials:
a. Cardboard (may be loose or in small bales ready for re-baling into export bales) b. Newspaper
c. Mixed Paper
d. Waxed Cardboard
e. #1 PET Plastic Bottles (including CRV RC, CRV CP and CRV CS) f. Colored HDPE Plastic Bottles (including CRV RC, CRV CP and CRV CS) g. Natural HDPE Plastic Bottles (including CRV RC, CRV CP and CRV CS) h. Aluminum Cans (including CRV RC, CRV CP and CRV CS)
i. Mixed #1-7 Rigid/Non-CRV Plastics (including RC and C&D) j. Clear Film Plastic
k. Colored Film Plastic

1. PET Film Plastic
m. #3 PVC (including CRV RC, CRV CP and CRV CS)
n. #4 LDPE (Low Density Polyethylene (including CRV RC, CRV CP and CRV CS) o. #5 PP (Polypropylene (including CRV RC, CRV CP and CRV CS) p. #6 PS (Polystyrene) (including CRV RC, CRV CP and CRV CS) q. #7 Other (includes pouches and unspecified resins) (including CRV RC, CRV CP and

CRV CS)
r. Bimetal Cans (including CRV RC, CRV CP and CRV CS)
2) Pre-Processed, Market-Ready Recyclable Materials:
a. Mixed Glass Containers (including CRV RC, CRV CP and CRV CS) b. Clear-Only Glass Containers (including CRV RC, CRV CP and CRV CS) c. Colored-Only Glass Containers (including CRV RC, CRV CP and CRV CS) d. Electronic Waste (Both Covered Electronic Waste and Electronic Waste) e. PET Film Plastic (Delivered in rolls in Gaylord boxes ready for shipment to market) f. Carpet Underpadding (Made of polyurethane or other materials) g. #12 Cardboard
h. Source Separated Material Already Baled For Market (including cardboard, waxed cardboard, shrink wrap and other materials in bales)
3) A Mix or Combination of Any Two or More of the Above-Listed Materials If Northern is unable to sort any of the above-listed materials received at the DRTS, such that a mix or combination of any two or more of the above-listed materials remains, Northern shall deliver all such DRTS Pre-Sorted Mixed Recyclable Materials to the Napa MDF for processing, 3 Attachment AA
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and for baling (if applicable).

The parties intend and agree that Single Stream Recyclable Materials will not be delivered to the DRTS and will not be eligible for processing at the Napa MDF under the pricing and terms of this Agreement. The parties agree to work collaboratively with each other and with the City’s MDF operator (currently NRWS) to secure the flow of Single Stream Recyclable Materials for processing at the Napa MDF pursuant to the terms of the 2004 contract between the City and NRWS. This includes, but is not limited to, (1) the Single Stream Recyclable Materials currently processed at the Napa MDF from Sonoma Garbage, Berryessa Garbage and from the City of Paradise, and (2) the Single Stream Recyclable Materials from the Cities of Vallejo and American Canyon that have been delivered to, and processed at, the Napa MDF in the past. Because Single Stream Recyclable Materials will not be delivered to the Napa MDF by Northern, the prices paid to Northern shall not include any of the revenue received by NRWS and the City for the Annual Curbside Payment from CalRecycle (or any successor agencies) pursuant to Public Resources Code Section 14549.6(a).

The City shall accept all of the above listed materials from Northern and will direct the operator of the Napa MDF, currently NRWS, to process and market them.

B. Yardwaste.

Northern is not required to deliver Yardwaste from the DRTS for composting at the Napa MDF.

However, the City will accept Yardwaste from Northern provided (1) there is sufficient capacity at the Napa MDF and (2) such delivery will not interfere with City and the Napa MDF operator’s compliance with all applicable permits and state and local regulations.

C. Addition of DRTS New Materials as Market Conditions Change.

Changes in secondary materials markets are likely to create conditions where additional materials can be economically recovered and marketed. For example, it recently became possible to accept used carpet underpadding at the Napa MDF and to market the materials in a manner and at a value that is beneficial to the parties. The City shall have the right of first refusal to accept and process any DRTS New Materials that are accepted at the DRTS and require baling and marketing after the Effective Date of this Agreement.

Northern will notify the City that it requires baling and marketing of a DRTS New Material in writing at least thirty (30) days prior to the date Northern would like to begin delivering the DRTS New Material to the Napa MDF for baling and marketing. In its sole discretion, the City may accept or reject Northern’s request to bale and market the DRTS New Material. If the City decides to accept the DRTS New Material, the City will notify Northern in writing of this determination and will document the category the DRTS New Material falls into for purposes of payment to Northern. The categories are those listed in Section 3, subparts A through E.

In the event that the City has no marketing experience or market data for a DRTS New Material that can be used to calculate the per ton Quarterly Average Materials Revenue Received for the New Material, the City will request that the operator of the Napa MDF obtain the best possible estimate of the per ton revenue for which the DRTS New Material may be marketed. The City will use the MDF operator’s estimate as the basis for payment to Northern until the City has sufficient data to calculate the per ton Quarterly Average Materials Revenue Received for the DRTS New Material. At that time, the City will begin to calculate payments to Northern based upon the per ton Quarterly Average Materials Revenue Received. At the end of the calendar year in which a DRTS New Material has been accepted for 4 Attachment AA
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processing by the City, the City will reconcile the payments made to Northern for the DRTS New Material that were based upon estimated market values (if any) to the actual revenue received for the DRTS New Material and will either pay Northern the difference, if any funds are owed to Northern, or invoice Northern for the difference if Northern owes funds to the City. The City will submit the reconciliation to Northern on or before March 31 of each year. If additional payment is owed to Northern, Northern will submit an invoice to the City for the amount due and the City will pay approved invoices with payment of Northern’s next monthly invoice. If payment is owed from Northern to the City, the amount will be included in the next monthly invoice to Northern.

If market conditions change, the City reserves the right to cease to accept a DRTS New Material it had previously approved. If the City decides to cease to accept any DRTS New Material, it will notify Northern in writing thirty (30) days before discontinuing acceptance of any previously approved DRTS New Material at the Napa MDF.

In the event the City decides either not to accept a DRTS New Material, or ceases to accept a DRTS New Material as described in this Section 1 C, Northern shall have the right to utilize another facility for the baling and marketing of such material, provided Northern, as an Affiliated Entity to NRWS, follows the provisions regarding no duplication of balers as described in the 2004 contract between the City and NRWS, as amended.

B. Addition of Other Materials
In the event Northern identifies other material(s) that fall outside the definition of DRTS New Materials but which Northern would like to deliver to the Napa MDF for baling and marketing, the City shall consider accepting such materials and shall respond to any such request within thirty (30) business days of a written request by Northern.

SECTION 2. METHOD OF DELIVERY OF MATERIALS
A. Vehicles and Personnel.

Northern shall not use NRWS vehicles, equipment or personnel to deliver material from the DRTS to the Napa MDF.

B. Information to be Provided By Northern at Napa MDF Scale House.

Northern will clearly identify each load of materials to Napa MDF scale house personnel for proper coding and tracking purposes. Specifically, Northern shall ensure that the driver of each load provides the following information in writing, in the format shown in Attachment Eight (as it may be modified by the City), at the MDF scale house when each load is delivered:
(1) the specific material type (e.g. “cardboard”, “clear glass containers CRV RC”, “#1-7 non CRV plastics”, “Covered Electronic Waste”, “Electronic Waste”, “baled cardboard” etc.) in the load;
(2) that the material is coming from Northern at the DRTS; and the specific DRTS processing area (e.g. sorting area, Re-Use Area, Buy Back Area, etc.); (3) the company and vehicle number delivering the load (e.g. Northern truck #308); 5 Attachment AA
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(4) with regard to bales of cardboard, plastic or other materials delivered by an Affiliated Entity (such as NCRWS, 600 Tower Road (dba Valley Recycling) or others), the written information shall clearly indicate which company and vehicle number is delivering the load and the customer on whose behalf the load is being delivered (e.g. NCRWS, Northern or other).

If Northern fails to provide any of the above-listed information to Napa MDF scale house personnel in the specified format at the time of delivering a load, the City will not allow the vehicle to unload until the above-described information is provided. If the information has not been provided by the normal closing time for the Napa MDF the vehicle shall leave the MDF premises without unloading.

C. Napa MDF Operating Regulations.

Northern shall comply with the Operating Regulations for the Napa MDF as set forth in Attachment Five and as they may be updated from time to time by the City. The City will provide Northern with updated versions of the Operating Regulations five (5) working days prior to implementation of any new or revised regulations.

SECTION 3. PRICES AND CHARGES
The following are the prices and charges for each material received by the City from Northern.

A. Yardwaste.

Northern agrees to pay the City twenty-seven dollars ($27.00) per ton for Yardwaste delivered to the Napa MDF during calendar year 2009. This is based upon the current price paid by the County of Napa pursuant to the MOU between the City and the County of Napa dated May 3, 2005 (attached hereto as Attachment Two; see Section II Part 8) plus one dollar ($1.00) per ton. The price charged to Northern for Yardwaste delivered to the Napa MDF will increase annually beginning January 1, 2010 by the Producer Price Index (PPI) formula shown in Attachment Three.

B. Pre-Processed, Baler-Ready Recyclable Materials.
1) Fiber. City agrees to pay Northern sixty-one percent (61%) of the per ton Quarterly Average Materials Revenue Received for the following materials delivered by Northern:
a. Cardboard
b. Mixed Paper
c. Newspaper
d. Waxed Cardboard
2) Non-CRV Materials. City agrees to pay Northern sixty-one percent (6 1%) of the per ton Quarterly Average Materials Revenue Received for the following materials delivered by Northern:
a. Mixed #1-7 Rigid/Non-CRy Plastic C&D Sort
b. Mixed #1-7 Rigid!Non-CRV Plastic Re-Use/Buy Back
c. Clear Film Plastic
d. Colored Film Plastic
e. PET Film Plastic
3) CRV Materials. City agrees to pay Northern sixty-nine percent (69%) of the per ton Quarterly 6 Attachment AA
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Average Materials Revenue Received for the following materials delivered by Northern:
a. #1 PET Plastic Bottles (including CRV RC, CRV CP and CRV CS) b. Aluminum Cans (including CRV RC, CRV CP and CRV CS)
c. #2 Colored HDPE Plastic Bottles (including CRV RC, CRV CP, and CRV CS) d. #2 Natural HDPE Plastic Bottles (including CRV RC, CRV CP, and CRV CS) e. #3 PVC (including CRV RC, CRV CP and CRV CS)
f. #4 LDPE (Low Density Polyethylene) (including CRV RC, CRV CP and CRV CS) g. #5 PP (Polypropylene) (including CRV RC, CRV CP and CRV CS) h. #6 PS (Polystyrene) (including CRV RC, CRV CP and CRV CS) i. #7 Other (includes pouches and unspecified resins) (including CRV RC, CRV CP and

CRV CS)
j. Bimetal Cans (including CRV RC, CRV CP and CRV CS)
As an example, if the Quarterly Average Materials Revenue Received for cardboard was one hundred dollars per ton ($100.00), Northern would be paid sixty-one percent (61%) or sixty-one dollars ($61.00) per ton for cardboard delivered by Northern to the Napa MDF.

For materials that are eligible for the CaiRecycle Quality Incentive Payment (“QIP”), (currently color- sorted glass, PET and HDPE) the parties acknowledge and agree that the DR-6 and DR-7 reports submitted by NRWS to CaiRecycle will note the quantities of such materials that were delivered to the Napa MDF from Northern and from other companies and jurisdictions delivering such materials to the Napa MDF. Based upon the information in the DR-6 and DR-7 reports, CaiRecycle will pay Northern and other companies and jurisdictions directly for any applicable QIP that is due. Northern shall not be entitled to receive any portion of any QIP payments received by NRWS or the City from CaiRecycle or any successor agencies. The Quarterly Average Materials Revenue Received shall exclude QIP payments received by the City and QIP payments received by NRWS.

C. Pre-Processed, Market-Ready Recyclable Materials.
1) Glass. City agrees to pay Northern sixty-nine percent (69%) of the per ton Quarterly Average Materials Revenue Received for the following materials delivered by Northern:
a. Mixed Glass Containers (including CRV RC, CRV CP and CRV CS) b. Clear-Only Glass (including CRV RC, CRV CP and CRV CS) c. Colored-Only Glass (including CRV RC, CRV CP and CRV CS) The City reserves the right to upgrade the mixed glass containers by performing a color sort. If the City chooses to do so, Northern will still receive payment based upon the Quarterly Average Materials Revenue Received for mixed glass containers. The provisions concerning QIP payments stated above in Section 3 B 3 shall apply to any QIP-eligible glass delivered by Northern. 2) PET Plastic Rolls City agrees to pay Northern sixty-nine percent (69%) of the per ton Average Quarterly Materials Revenue Received for PET Plastic Rolls. For purposes of calculating payment to Northern, the total tons of PET Plastic Rolls delivered by Northern will be reduced by forty five (45) pounds per pallet to account for the weight of standard packaging. 3) Single-Material Baled Recyclable Materials. City agrees to pay Northern sixty-nine percent (69%) of the per ton Average Quarterly Materials Revenue Received for baled materials consisting of a single material (including but not limited to cardboard, waxed cardboard and shrink wrap) delivered by Northern. The one exception to the requirement that bales contain a single material is 7 Attachment AA
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“sandwich bales” consisting of cardboard and shrink wrap, with cardboard being incidental to the primary material of shrink wrap. Baled materials delivered by Affiliated Entities from within a five (5) mile radius of the entrance to the Napa MDF in accordance with the requirements specified in the 2004 contract between the City and NRWS, as amended, shall receive this pricing.

The pricing and delivery of baled materials collected or otherwise delivered by NCRWS or other Affiliated Entities from within the County of Napa collection area, and identified as being delivered to the Napa MDF on behalf of Napa County (via NCRWS as its authorized collection contractor) shall not be governed under this Agreement. The City—County MOU, Attachment Two, describes the terms and procedures agreed upon by the City and the County of Napa for pricing and handling of that baled material.

D. Electronic Waste and Covered Electronic Waste.

Pursuant to Section 1, Northern is required to deliver all Electronic Waste and Covered Electronic waste received and processed at the DRTS to the Napa MDF. In order to most efficiently package and ship the Electronic Waste and covered Electronic Waste to market and avoid unnecessary or duplicate handling of the material, the parties agree that for this specific commodity only, Northern will package and ship Electronic Waste and Covered Electronic Waste directly to a permitted electronic recycling processor.

The Electronic Waste and the Covered Electronic Waste will be marketed by Northern. Northern will pay the City one percent (1%) of the DRTS Buyer-Paid Revenue for each ton of Electronic Waste and Covered Electronic Waste marketed by Northern from the DRTS.

Northern will provide the City with monthly reports showing all details concerning the processing and payment transactions completed in the prior calendar month including but not limited to the following:
• Date each load of material was shipped
• Date payment for each load was received
• Copies of all checks received
• Copies of all paperwork received with each payment
• Name, address, telephone number, contract person and e-mail address of each recycling processor receiving the Electronic Waste and Covered Electronic Waste • Prices paid (per pound) for each type of Electronic Waste and Covered Electronic Waste by material type (e.g. CRT’s, computer hard drives, etc.)
• Deductions made by the processor from the payment for packaging weight, contamination and all other items
• Destination of residue disposal.

Reports shall be in electronic, sortable format (Excel pivot tables or equivalent) with hard copies of all records provided (including copies of all payments, checks and paperwork received from the buyer of Electronic Waste and Covered Electronic Waste). City shall provide Northern with a sample reporting format for Electronic Waste and Covered Electronic Waste. The monthly reports shall be submitted on the fifteenth (15th) day of each month. The City reserves the right to request additional information concerning the sale of Electronic Waste and Covered Electronic Waste and Northern agrees to provide any additional information within ten (10) days of a written request for additional information from City.

All records of Northern pertaining to receipt, packaging, and sale of Electronic Waste and Covered Electronic Waste from the DRTS shall not be considered proprietary or confidential by Northern.

The provisions of this Section 3D concerning Electronic Waste and Covered Electronic Waste shall be effective as of March 1, 2010.
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As markets for Electronic Waste change and additional items of Electronic Waste are either added to Covered Electronic Waste or are paid for either due to market conditions or new legislation, such additional items shall be treated the same as those currently being marketed as of the Effective Date of this Agreement, as described in this section; such materials shall be shipped and sold directly from the DRTS by Northern and the City shall receive one percent (1%) of the DRTS Buyer-Paid Revenue for each ton of such materials.

E. Other Transfer-Only Recyclable Materials
In the event Northern delivers Recyclable Materials not covered by the other pricing terms in this Section 3 that are delivered in a market-ready condition such that the materials can literally be transferred into vehicles and shipped to market, the City will pay Northern sixty-nine percent (69%) of the Quarterly Average Materials Revenue Received for such materials. The sixty-nine percent (69%) shall be net of any deductions for packaging made by end markets, brokers or others.

F. DRTS Pre-Sorted Mixed Recyclable Materials.

The parties envision that Northern will deliver Pre-Processed, Baler-Ready Recyclable Materials and Pre Processed, Market-Ready Recyclable Materials from the DRTS to the Napa MDF for baling (where applicable) and marketing. In the event that Northern cannot completely type-separate the materials, and delivers DRTS Pre-Sorted Mixed Recyclable Materials, the following procedures shall be followed.

Northern shall ensure that (1) the quantity of DRTS Pre-Sorted Mixed Recyclable Materials delivered to the Napa MDF does not exceed ten percent (10%) of the total tons delivered each calendar year, and (2) the residue and/or contamination in the DRTS Pre-Sorted Mixed Recyclable Materials is less than one percent (1%) by weight, as measured by the characterization described herein. Northern shall not utilize any other processing, sorting or marketing facility, recycling center or broker for the sorting, processing, baling or marketing of DRTS Pre-Sorted Mixed Recyclable Materials.

Northern shall provide the City with written notice forty-five (45) calendar days in advance of when it will need to deliver DRTS Pre-Sorted Mixed Recyclable Materials. The parties will work together to schedule a characterization of the materials prior to delivery. Based upon the results of the characterization, the City will calculate the Average Per Ton Market Value of the materials and will share the results with Northern. The parties will then arrange for the DRTS Pre-Sorted Mixed Recyclable Materials to be delivered to the Napa MDF. Northern shall have the right to request delivery of DRTS Pre-Sorted Mixed Recyclable Materials up to four (4) times in one calendar year, excluding emergency situations as described herein.
(1) Characterization of the Materials. A characterization of the materials will be conducted by the City (most likely using labor provided by the Napa MDF operator with independent oversight by either City employees, independent contractors, or other agents of the City) to determine the Average Per Ton Market Value of the material and the percent residue remaining after the material is sorted. The City shall prescribe the sampling technique and protocol, the size and number of samples, the sorting methodology, the method for weighing sorted materials, the method for inputting the data and the protocol used to calculate the following: (i) the percent of each material in the mix, (ii) the Quarterly Average Materials Revenue Received for each type of material in the mix, and (iii) the percent residue.

The parties envision that the characterization will be conducted by taking samples of the mixed materials in sample boxes and manually sorting the material such that the sorting belts at the Napa MDF are not used, and normal MDF operations are not impacted. The City reserves the right to change the sampling methodology and protocol, and also to utilize any sorting labor it chooses (including but not limited to 9 Attachment AA
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City forces, third parities, independent contractors, interns and other agents of the City) to conduct the characterization. Once the Average Per Ton Market Value of the material mix is established, additional characterizations may be conducted at frequencies determined at the sole discretion of the City. (2) Establish Avera2e Per Ton Market Value For the Mixed Materials. Using the results of the characterization, the City will calculate the Average Per Ton Market Value for the mixed materials using the methodology listed in Attachment Six. The City shall use the Quarterly Average Materials Revenue Received for each material in the mix to compute the Average Per Ton Market Value of the mixed material. If no Quarterly Average Materials Revenue Received is available for a specific type of material, the City will ask the MDF operator to obtain the best possible estimate of the market value of the material and that value will be used in the calculation. (3) Payment To NorthernlPayment Due From Northern. The City will retain nine percent (9%) of the Average Per Ton Market Value for the DRTS Pre-Sorted Mixed Recyclable Materials. Depending upon the Average Per Ton Market Value for the DRTS Pre-Sorted Mixed Recyclable Materials, either the City will pay Northern for the materials or Northern will pay the City for processing the materials. The method used to calculate the payment to or from Northern for DRTS Pre Sorted Mixed Recyclable Materials is shown in Attachment Seven, Part A. a. Non-City Payment of MDF Residue Disposal. The City currently pays for disposal of residue from the Napa MDF. If this changes in the future and the MDF operator is required to pay for disposal of MDF residue, the procedure used to calculate payment to Northern in Attachment Seven, Part A shall be adjusted as shown in Attachment Seven, Part B.
b. Negative and Zero Value Materials. The calculation procedure shown in Attachment Seven shall be used to calculate payments due to or from Northern for DRTS Pre-Sorted Mixed Recyclable Materials with an Average Per Ton Market Value of any amount larger than zero. If the Average Per Ton Market Value of the DRTS Pre-Sorted Recyclable Materials is zero or a negative number, up to and including negative thirty- five dollars (-$35.00) per ton, the provisions of Section 3 .H shall apply. c. Residue Exceeding One Percent. In the event the characterization shows the residue for the DRTS Pre-Sorted Mixed Recyclable Materials exceeds one percent (1%), City shall notify Northern and Northern shall have one week (7 calendar days) to further sort to reduce the residue to the acceptable level. If a second characterization or review of residue shows residue still exceeds one percent (1%) this process shall be repeated.

This provision shall apply to DRTS Pre-Sorted Mixed Recyclable Materials in lieu of the provisions of Section 6.A, “Contamination of Loads,” unless additional contamination is discovered in loads of DRTS Pre-Sorted Mixed Recyclable Materials, in which event, the provisions of Section 6.A will also apply.

In the event Northern experiences a temporary emergency situation such as equipment breakdown, labor dispute of other than Northern’s employees (including strike, work stoppage, slowdown, sick out, picketing, or other concerted job action), flood, earthquake, fire or other sudden occurrence which is beyond the control of and not the fault of Northern that prevents it from providing forty-five (45) days written notice to the City that it intends to deliver DRTS Pre-Sorted Mixed Recyclable Materials, the City will accept DRTS Pre-Sorted Mixed Recyclable Materials as soon as possible for processing, (once scale house account codes and other logistics are set up) for a additional flat fee of twenty dollars ($20.00) per ton in lieu of retaining nine percent (9%) of the Average Per Ton Market Value for the DRTS Pre-Sorted Mixed Recyclable Materials. The parties will then work cooperatively to complete a characterization of 10 Attachment AA
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the materials as described in this subsection F as soon as possible. The additional fee of twenty dollars ($20.00) per ton shall apply until the characterization is completed and the Average Per Ton Market Value of the DRTS Pre-Sorted Mixed Recyclable Materials being delivered under the emergency circumstances is established by the City.

In the event of an emergency situation that has an expected duration of less than thirty (30) calendar days, the parties may mutually agree to utilize an in-field observation of the DRTS Pre-Sorted Mixed Recyclable Materials (in lieu of the characterization described herein) by viewing the materials as they are sorted at the DRTS, viewing the materials as they are tipped on the MDF tipping floor, viewing the materials as they are being processed at the Napa MDF and viewing the residue remaining after processing of the materials. The field observations will be used to estimate the percentage of each material type in the mix and the percent of residue. These estimates will be used to calculate the Average Per Ton Market Value of the DRTS Pre-Sorted Mixed Recyclable Materials. Once the Average Per Ton Market Value of the DRTS Pre-Sorted Mixed Recyclable Materials is established, that pricing shall be applied to the materials and the flat fee of twenty dollars ($20.00) per ton paid to the City shall cease. If the parties cannot agree on the percentages or materials and residue based upon an in-field observation, a characterization shall be performed.

In the event, the actual duration of the temporary emergency situation exceeds thirty (30) calendar days, a characterization must be performed as described herein and the results used to establish the Average Per Ton Market Value of the DRTS Pre-Sorted Mixed Recyclable Materials.

In the event the percentage of residue as determined by either the field estimate or the characterization exceeds one percent (1%), Northern shall pay the actual City tipping fee at the DRTS for the quantity of residue over one percent (1%) for the duration of the emergency situation.

The provisions in this section are intended by the parties to apply only to true emergency situations as described above, that are beyond the control of and not the fault of Northern, and that prohibit DRTS sorting operations. Economic conditions such as increased costs, economic downturn, changes in secondary materials prices, reduction in inbound tonnages to the DRTS, changes in the mix of inbound materials to the DRTS, voluntary decisions by Northern to reduce sorting operations, to cease sorting for certain materials, to cease sorting apart certain materials, and other such conditions shall not constitute emergency situations.

In the event Northern experiences more than four (4) emergency situations within any consecutive twelve (12) month period, the City’s flat fee for accepting DRTS Pre-Sorted Mixed Recyclable Materials at the Napa MDF shall increase from twenty dollars ($20.00) per ton to forty dollars ($40.00) per ton for the fifth (5th) and all subsequent emergency situations that occur within the twelve (12) month period. Mixed materials delivered under emergency circumstances shall be counted toward the ten percent (10%) cap on DRTS Pre-Sorted Mixed Recyclable Materials contained in this subsection F.

G. Use of Quarterly Average Materials Revenue Received.

The parties agree that use of the Quarterly Average Materials Revenue Received is the most fair and accurate method to establish the prices to be paid by the City to Northern for materials (excluding Yardwaste) because it takes into account California Redemption Value payments, contamination deductions and moisture deductions by the end markets, transportation costs to haul the materials to market, and the like. A sample calculation of the Quarterly Average Materials Revenue Received for a sample material appears in Attachment Four.
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H. Zero-Value and Negative-Value Materials.

The parties acknowledge that secondary materials markets fluctuate due to world-wide economic and geopolitical conditions that are beyond the control of the parties. In the event that the Quarterly Average Materials Revenue Received for any of the materials listed in Section 1(A) drops to a level of Zero dollars ($0) per ton or to a Negative Value, the parties agree to proceed as follows:
(1) The City will continue to accept affected materials so long as the City, through its MDF operator, can still market the materials at a Negative Value of up to thirty-five ($3 5.00) per ton within a driving distance from the Napa MDF of up to three hundred (300) miles (one way). In this event, Northern will deliver the affected materials to the Napa MDF but will receive no payment for any of the materials.
(2) If the Negative Value of one or more affected materials is more than thirty-five ($35.00) per ton or the market is more than three hundred (300) miles (one way) from the Napa MDF, Northern may elect to either:
(i) deliver the materials to the Napa MDF and pay the City the cost differential over and above thirty-five dollars ($35.00) per ton and transportation costs to haul the materials in excess of three hundred (300) miles (one way), or (ii) cease delivery of the affected material(s) until such time as the value of the affected materials becomes negative thirty-five (-$35.00) per ton or better, and a market becomes available within three hundred (300) miles (one way) from the Napa MDF.

If this option is selected, Northern agrees it will not utilize any other processing or marketing facility , recycling center or broker for the final baling andlor marketing of any of the materials listed in Section 1 A.

In either event Northern will not receive any payment for any of the affected materials.

I. Contamination of Loads.

If there is Contamination in the load (as further defined in Section 6.A) the City may downgrade the value of the load and adjust the amount paid for the load according to the quantity and type of Contamination in the load.

SECTION 4. INVOICING ANT) PAYMENT
A. Invoicing.

Northern will submit an invoice to the City by the fifteenth (1 5th) day of each month for all materials delivered to the Napa MDF in the prior calendar month except for Yardwaste. The invoice will show the number of tons of each specific type of material delivered to the Napa MDF and the Quarterly Average Materials Revenue Received for each material. A subtotal showing the amount owed by the City to Northern will be included for each specific material. In the case of Negative Value Materials, the subtotal will reflect the negative value of such materials. At the bottom of the invoice all the subtotals will be added together to show the final amount due to Northern from the City.

To assist Northern in preparing the monthly invoice, City will send Northern, either in hard copy or electronic format, the applicable Quarterly Average Materials Revenue Received for each material type, 12 Attachment AA
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by the tenth (1 0th) day of each quarter. (Example: For the quarter beginning January 1, 2011 the City will receive pricing data from the MDF operator on December 20 for the period August 21 through November

20. The City will then calculate the Quarterly Average Materials Revenue Received for each material type for the quarter August 21 through November 20, and will provide that information to Northern by January 10.) The table in Attachment Nine shows the key dates and the flow of information for the invoicing process, as well as the dates included in each quarter.

The City will send Northern a monthly summary of all tons received, by material type, by the tenth (1 0th) day of each month. In the event the tenth (1 0t) day of the month or of the quarter falls on a Saturday, Sunday, or is a holiday, City will send Northern the monthly tonnage summary and the list of applicable Quarterly Average Materials Revenue Received on or before the next business day.

For Yardwaste delivered by Northern to the Napa MDF, the City will issue an invoice by the fifteenth (1 5th) day of each month showing the number of tons of Yardwaste delivered and the amount due to the City. Yardwaste tonnages will be those recorded at the Napa MDF scale house.

B. Payment.

City will pay each invoice received from Northern within forty-five (45) days of receipt. Payment will be based upon the number of tons of each material delivered to the Napa MDF as recorded at the Napa MDF scale house.

Northern will pay each invoice received from the City for Yardwaste within forty-five (45) days of receipt.

C. Department of Resources Recycling and Recovery Regulations.

Both parties agree to comply with all regulations of the California Department of Resources Recycling and Recovery (“CalRecycle”) and any successor agencies that administer the California Beverage Container Recycling and Litter Reduction Act, including but not limited to regulations concerning (1) tracking of tonnages and material types and (2) preparation of documentation required for transactions involving CRV materials and payments for same, as set forth in Public Resources Code Division 12.1, Chapter 1, Section 14500 et seq. and all regulations relating thereto.

D. Retroactivity of Pricing for Materials Received Prior To Effective Date.

Due to the urgency of opening the new Buy Back Center at the DRTS, Northern began delivering materials to the Napa MDF on May 1, 2008, prior to the effective date of this Agreement. Northern was paid for those materials pursuant to the pricing in the City-County MOU. The parties agree that City will pay Northern the difference between the prices already paid pursuant to the City-County MOU and the prices listed in Section 3 of this Agreement for the materials delivered from May 1, 2008 through December 31, 2009. In addition, the City will pay Northern interest on the balance due for the period May 1, 2008 through December 31, 2009 at the rate of 1.9 1% which reflects the average rate of interest earned by the City on its investment portfolio for the period May 1, 2008 through December 31, 2009.

For the sole purpose of establishing prices to be paid to Northern for the period of the retroactive payment for materials delivered between May 1, 2008 and December 31, 2009, and only for this purpose, the City will calculate a straight average of all revenue deposited in the City of Napa’s revenue account for each material type delivered by Northern during this period. The straight average will be calculating by adding all revenue received and deposited into the City’s revenue account from sale of each material type by NRWS between April 21, 2008 and December 20, 2009, divided by the total tons of that material sold 13 Attachment AA
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(using Buyer Paid Tons) during the same period. The City will use a detailed Attachment DD MDF Materials Paid Sales Report from NRWS, which is an attachment to the 2004 City contract with NRWS, showing all the material types marketed, the prices, tons, CRV totals and other information for materials sales deposits made to the City’s revenue account during the period April 21, 2008 through December 20, 2009 to calculate the straight average prices for the retroactive payment. The parties agree that Quality Incentive Payments and the Annual Curbside payment from CalRecycle shall be excluded from the revenue used to calculate the straight average prices. The parties further agree that the use of a straight average to determine pricing will only be used for the purpose of the retroactive payment to Northern.

The prices paid to Northern for materials delivered by Northern from January 1, 2010 forward shall be established by calculating the Quarterly Average Materials Revenue Received for each type of material as described in Section 3 G.

Pursuant to the 2004 contract between the City and NRWS, as amended, the City will receive the special Attachment DD report on or before August 16, 2010 and will provide the calculated straight average prices to Northern no later than twenty (20) days after receipt of said special Attachment DD report.

Northern will then submit an invoice to the City for the difference between the calculated prices and the prices Northern was already paid for materials delivered to the Napa MDF for the period May 1, 2008 through December 31, 2009. The invoice will show the calculations of the difference in the amount already received by Northern, the new calculated straight average prices provided by the City for each material type and the tons of each material type delivered during the period May 1, 2008 through December 31, 2009. The invoice will also show the calculations for the interest to be paid by the City as described in this Section. The City will pay Northern’s invoice for the retroactive payment within forty- five (45) days of receipt.

If submittal of the special Attachment DD report from NRWS is delayed, the date on which the City will deliver the calculation of the straight average prices for each material to Northern shall be delayed by the same number of days that the Attachment DD report is late, and the above-described schedule for completing the retroactive payment shall be adjusted accordingly.

For all materials delivered by Northern between January 1, 2010 and March 31, 2010 the City will receive the second special Attachment DD report showing prices received for the period August 21, 2009 through November 20, 2009 on or before August 16, 2010 and the City will provide the calculated Quarterly Average Materials Revenue Received prices to Northern no later than twenty (20) days after receipt of the second special Attachment DD report from NRWS. Northern will then submit an invoice to the City for materials delivered January 1 through March 31, 2010 that provides all the information and detail as described herein. City will pay Northern’s invoice within forty-five (45) days of receipt. If submittal of the second special Attachment DD report from NRWS for the period August 21, 2009 through November 20, 2009 is late, the date on which the City will deliver the calculation of the Quarterly Average Materials Revenue Received to Northern shall be delayed by the same number of days that the Attachment DD report is late, and the schedule for Northern submitting its invoice and receiving payment for materials delivered January 1 through March 31, 2010 shall be adjusted accordingly.

With regard to Electronic Waste and Covered Electronic Waste only, the following provisions shall apply.

The parties agree that from April 21, 2008 through February 28, 2010 revenues from the sale of Electronic Waste and Covered Electronic Waste by Northern were inadvertently commingled with revenues received by its Affiliated Entity NRWS from sale of Electronic and Covered Electronic Waste by NRWS from the Napa MDF and were deposited into the City’s revenue account. Pursuant to Section

12.06 of the City-NRWS contract, NRWS was paid thirty percent (30%) of this revenue. The parties agree that City will retain one percent (1%) of the revenue from sale of Northern’s Electronic and Covered Electronic Waste during this period of time, Northern will receive sixty-nine percent (69%) of the revenue, and NRWS will retain the thirty percent (30%) of the revenue already received from City. 14 Attachment AA
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For all Electronic Waste and Covered Electronic Waste sold by Northern beginning March 1, 2010, the provisions of Section 3D shall apply.

The City has agreed to the above schedule in order to complete the retroactive payments to Northern in a timely mariner. However, this schedule does not give the City adequate time to perform due diligence review to verif’ and audit all the new data that will be submitted by NRWS with regard to materials sales dating back to May 2008 in the special Attachment DD reports. Therefore, the parties agree that if the City finds discrepancies, errors or irregularities in the data that ultimately affect the amount of the payments that will have been made to Northern as described in this Section 4 D, the City may adjust the amount of the affected payment accordingly at any time up to and including December 31, 2010. In such event, City shall notify Northern in writing of the amount and reasons for the adjustment and will provide copies of electronic or hard copy records concerning the transaction(s) in question and the City’s calculations of the adjustment to the payment.

For all materials delivered by Northern to the Napa MDF on and after April 1, 2010, the standard pricing and terms will apply as described in this Agreement. The timing of the regular invoicing process will be as shown in Attachment Nine.

SECTION 5. TERM
The Term of this Agreement shall begin on July 6 , 2010 and end on December 31, 2015.

SECTION 6. OTHER AGREEMENTS
A. Contamination of Loads.

The City or its representative will issue Contamination notices to Northern as follows:
1) Pre-Processed Baler-Ready Recyclable Materials, Pre-Processed Market-Ready Recyclable Materials, and DRTS Pre-Sorted Mixed Recyclable Materials delivered to the Napa MDF which contain one percent or more (1% or more) by weight of materials constituting Contamination that will need to be removed before the material may be marketed. 2) DRTS Pre-Sorted Mixed Recyclable Materials delivered to the Napa MDF which contain one percent or more (1% or more) by weight of materials constituting Contamination that will need to be removed before the material may be marketed.
3) Yardwaste, Electronic Waste and Covered Electronic Waste delivered to the Napa MDF which contain five percent (5%) or more by weight of materials constituting Contamination that will need to be removed before the material may be processed and marketed. 4) For any load containing any Hazardous Waste.

For any loads containing Contamination as described herein, the City may:
(i) direct the operator of the Napa MDF to process the Contaminated load and charge Northern a “Contaminated load surcharge” for the load, which shall be calculated based upon the standard per ton Contaminated load surcharge rate posted at the Napa MDF scale house multiplied by the total number of tons in the load; or
(ii) direct the current operator of the Napa MDF to reload the Contaminated load and require Northern to remove the load from the Napa MDF, and charge Northern a standard “reload fee” which shall be the rate posted at the scale house.
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The City will provide notification of Contaminated loads to Northern within twenty-four (24) hours of either the City’s discovery of the Contamination or notification to the City from its contract operator of discovery of the Contamination.

Northern shall comply with all Hazardous Waste exclusion program regulations adopted by the City and with all State and Federal Hazardous Waste exclusion regulations.

B. Insurance.

Northern shall procure from an insurance company or companies licensed to do business in the State of California and shall maintain in force at all times during the Term the following types and amounts of insurance:
1) Comprehensive General Liability Insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and One Million Dollars ($1,000,000) annual aggregate covering all claims and all legal liability for personal injury, bodily injury, death and property damage, including the loss of use thereof, arising out of, or occasioned in any way by, directly or indirectly, Northern’s activities pursuant to this Agreement.
2) Comprehensive Automobile Liability Insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and One Million Dollars ($1,000,000) annual aggregate covering all claims and all legal liability for personal injury, bodily injury, death and property damage, including the loss of use thereof, arising out of, or occasioned in any way by, directly or indirectly, Northern’s activities pursuant to this Agreement.
3) Workers’ Compensation and Employer’s Liability insurance covering the employees in statutory amounts and otherwise in compliance with the laws of the State of California.

Northern shall maintain Employer’s Liability insurance in an amount not less than One Million Dollars ($1,000,000) per accident or disease.

The insurance policies required by this section shall be issued by an insurance company or companies with a rating in the most recent edition of Best’s Insurance Reports of size category X or larger and a rating classification of A or better. Northern shall submit copies of insurance certificates showing the above listed insurance coverage to the City within thirty (30) days of the Effective Date of this Agreement, and shall submit updated certificates annually on or before May 1 of each year of the Term.

C. Indemnification.

Northern shall indemnifS’, defend and hold harmless City, its officers, employees and agents, (collectively the “Indemnitees”) from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit, of any and every kind and description, whether judicial, quasi-judicial or administrative in nature including, but not limited to, injury to and death of any person and damage to property or for contribution or indemnity claimed by third parties (collectively, the “Claims”), arising out of or occasioned in any way by, directly or indirectly, Northern’s performance of, or its failure to perform, its obligations under this Agreement. The foregoing indemnity shall not apply to the extent that the Claim is caused solely by the negligence or intentional misconduct of City, its officers, employees or agents, but shall apply if the Claim is caused by the joint negligence of Northern or other persons including any of the Indemnitees. Upon the occurrence of any Claim, Northern, at Northern’s sole cost and expense, shall defend (with attorneys reasonably acceptable to City) City, its officers, employees, and 16 Attachment AA
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agents. Northern’s duty to indemnify and defend shall survive the expiration or earlier termination of this Agreement.

D. Annual Meeting.

The parties will hold an annual meeting in January of each year to discuss market conditions, plans for the year and other issues germane to this Agreement. The City will contact Northern to schedule the annual meeting.

E. Capitalized Terms.

Capitalized terms in this Agreement shall have the meanings assigned to them in Attachment One, unless the context indicates otherwise.

F. Assignment.

Northern may not assign any of its rights or duties under this Agreement without the prior written consent of the City.

G. Binding On Successors.

All of the rights and duties of the parties shall inure to the benefit of, and be binding upon, their respective successors and permitted assigns.

H. Notices.

All notices given under this Agreement shall be in writing. Notices shall be sent:

If to the City: City of Napa
Department of Public Works
1600 First Street
P. 0. Box 660
Napa, California 94559
Attn: Materials Diversion Administrator
Facsimile: (707) 257-9522
If to Northern: Northern Recycling Operations and Waste Services, LLC P. 0. Box 177
Napa, California 94559
Attn: Greg Kelley, Managing Member
Fax: (707) 224-2707
Notice shall be sufficiently given when (a) personally delivered to the recipient, (b) mailed first class postage prepaid, (c) delivered by overnight delivery service with charges prepaid, or (d) sent by facsimile to the last facsimile number of recipient as long as a duplicate copy of the notice is promptly given by first class mail or the receiving party delivers a written confirmation receipt. Either party may change the address to which notices to it are to be sent by means of a notice delivered to the other party as provided above.

I. No Rights of Third Parties.
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Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties and their respective successors and permitted assigns, any rights or remedies.

J. Failure To Perform.

If, and for as long as, performance by a party is made impossible or extremely impracticable by acts of God, casualty, State or Federal government action, civil commotion, labor unrest (including strike, work stoppage, slowdown, picketing or other concerted job action), acts of terrorism or other causes not the fault of and beyond the reasonable control of the party obligated to perform, performance by that party is excused. This section does not excuse a failure to pay money when due.

K. Napa MDF Unavailable.

If the Napa MDF is non-operational for a period longer than three (3) days but less than thirty (30) days, City will give written notice to Northern indicating the City’s plans to restore the Napa MDF to operational status and the City’s estimate of the period of time the MDF will be unavailable. While the Napa MDF is unavailable, Northern will be relieved of its obligation to deliver the materials listed in Section 1 to the Napa MDF and must locate an alternate processing facility while the Napa MDF is not in operation.

If the Napa MDF is destroyed or substantially damaged by earthquake, fire, or other cause, and is non- operational for over one hundred twenty (120) days and if the City elects not to rebuild or reconstruct it, this Agreement will terminate thirty (30) days after the City gives written notice to Northern of its election. If the City elects to rebuild or repair the Napa MDF but work is not completed within 10 months of written notice to Northern of the City’s intention to rebuild or repair, the City will notify Northern of the planned date of operation and Northern will continue to utilize an alternative processing facility until that date, after which Northern will resume use of the Napa MDF. City will provide written notice to Northern at least sixty (60) days prior to the date when the Napa MDF will become operational, so Northern may notify the alternate processing facility(s) that it will resume use of the Napa MDF for all of the materials listed in Section 1 A as of the date in the City’s notice to Northern.

If one or more DRTS New Material(s) are identified during the time that the Napa MDF is unavailable, the City’s right of first refusal shall not be waived. Once the Napa MDF becomes operational, the City shall have up to ninety (90) days to exercise its right of first refusal to accept the DRTS New Material(s) pursuant to Section 1 .C.

L. Time of the Essence.

Time is of the essence in this Agreement and each of its provisions.

M. Invalidation of Single Term or Provision.

If any term or provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall not be affected and the contract will be enforced as if the invalid or unenforceable provision had not been contained herein.

N. No Waiver.

The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of violation of the same or any other provision. The subsequent acceptance by either party of any monies 18 Attachment AA
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that become due hereunder shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation by the other party of any provision of this Agreement.

0. Title and Headings.

The title and headings of the sections of this Agreement are intended solely for reference and do not modify, explain, or construe any provision of this Agreement. All references to sections and recitals refer to the sections and recitals of this Agreement. In construing this Agreement, the singular form shall include the plural and vice versa. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared the Agreement with the assistance of independent legal counsel for each.

P. Signature Authority.

All persons executing this Agreement on behalf of a party warrant that they have the authority to execute this Agreement on behalf of that party.

Q. Attachments.

The attachments to this Agreement numbered One through Nine are a part of this Agreement and are incorporated into it by this reference.

R. Applicable Law.

This Agreement shall be governed by, and construed and enforced in accordance with, the laws of California.

S. Interpretation.

Each party has participated in the preparation of this Agreement with the assistance of legal counsel to the extent desired. Accordingly, this Agreement shall be interpreted and construed reasonably and neither for nor against either party.

T. Good Faith and Fair Dealing.

Both parties each acknowledge their obligation under California law to act in good faith toward, and deal fairly with, each other with respect to this Agreement. Neither party will employ any artifice, business structure or other stratagem to circumvent or undermine the spirit and purpose of this Agreement or the spirit and purpose of the City-NRWS 2004 contract, as amended.

U. Amendment.

This Agreement may not be modified or amended in any respect except by a writing signed by the parties.

V. Entire Agreement.

This Agreement, including the Attachments, represents the full and entire agreement between the parties with respect to the matters covered herein and supersedes all prior negotiations and agreements, either written or oral.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.
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Jacques R. LaRochelle, Public Works_Director
NORThERN RECYCLING OPERATIONS
A1NI) WASTE SERVICES, LLC, A
CALifORNIA LIMITEI) LIABILITY
COMPANY*
(Type Name and Title)
By:
(Signat
Budget Code: Expenditure Account #51005-58911 (MDF-Facility, Payment for Materials) Revenue Account #51005-33402 (MDF Facility, MDF Gate Fees CITY OF NAPA:

By:
yre7
ATI’ ST
Greg Kelley, Managing Member
(Print Name and Title)
By:
(Signatui /
Dorothy Roadman, City Clerk
(Type Name and Title)
COUNTERSIGNED:
(2J
(Signature)
Ann Mehta, City Auditor
(Signature)
(Print Name and Title)
(Type Name and Title)
*Unless corporate resolution
delegates an individual to sign
contracts, an agreement with a
corporation shall be signed by the
President or Vice President and the
Secretary or Assistant Secretary of
the corporation. A general partner
shall sign on behalf of a general
partnership. The managing member,
if authorized, may sign on behalf of a
limited liability company.
(Type Name and Title)
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LIST OF ATTACHMENTS
Attachment One. Definitions
Attachment Two. Memorandum of Understanding Between the County of Napa and the City of Napa dated May 3, 2005
Attachment Three. Producer Price Index Calculation to Adjust Yardwaste Price Attachment Four. Sample Calculation of Quarterly Average Materials Revenue Received Attachment Five. Napa MDF Operating Regulations
Attachment Six Calculation of Average Per Ton Market Value for DRTS Pre-Sorted Mixed Recyclable Materials
Attachment Seven Calculation of Payment to or From Northern For DRTS Pre-Sorted Mixed Recyclable Materials
Attachment Eight Required Format For Written Information On Each Load Delivered To The Napa MDF
Attachment Nine Schedule For Preparation of Quarterly Average Materials Revenue Received By City and Invoicing By Northern
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ATTACHMENT ONE

DEFINITIONS

1. “Affiliated Entity” means any Person which is related to Northern by virtue of a direct or indirect ownership interest or common management. Affiliated Entities include (1) a Person, in which Northern has a direct or indirect ownership interest, (2) a Person which has a direct or indirect ownership interest in Northern, and (3) a Person which is owned or controlled by Person which has a direct or indirect ownership interest in Northern. For purposes of determining whether an indirect ownership interest exists, the constructive ownership provisions of the Internal Revenue Code, in effect as of this Effective Date, shall apply except that “ten percent (10%) shall be substituted for “fifty percent (50%)” in Section 31 8(a)(2)(C) and 31 8(a)(3)(C).

2. “Agreement” means this Agreement between the City and Northern dated as of July 6 2010, including all attachments and any amendments hereto.

3. “Buyer Paid Tons” means the price that a purchaser paid for a specified number of tons in a given materials shipment or load that is marketed by NRWS from the MDF. Buyer Paid Tons may differ from the actual number of tons in the outbound weight of the materials taken at the MDF scales due to moisture, contamination, packaging weight, or other difference in the weight of the load when it is weighed at the buyer’s scales.

4. “California Redemption Value” (“CRy”) means the value established by CalRecycle, or any successor agencies, for each type of beverage container, that is paid by recycling centers, processors and CalRecycle as described in the California Beverage Container Recycling and Litter Reduction Act of 1986 (Public Resources Code Division 12.1, Chapter 1, Section 14500 et seq.). “CRy Material” means any material that has a CRV value established by the state and paid by recycling centers, processors and state agencies.

5. “Contamination” means materials mixed in with Pre-Processed, Market-Ready Recyclable Materials, Pre-Processed, Baler-Ready Recyclable Materials, Yardwaste, Covered Electronic Waste, Electronic Waste, or DRTS New Materials that would reduce the quality and value of the materials to end markets. For example, the presence of glass in a load of mixed paper would be considered Contamination. The level of unacceptable Contamination is described in Section 6(A) of this Agreement.

6. “Covered Electronic Waste” or “Covered Electronic Device” or “Covered E-Waste” means a discarded video display device containing a screen greater than four inches, measured diagonally, as defined in the regulations adopted by the California Department of Toxic Substances Control pursuant to subdivision (b) of Section 25214.10.1 of the California Health and Safety Code, and as further defined in Section 42463 of the California Public Resources Code. With regard to this Agreement, Covered Electronic Waste refers to devices for which the state collects a recycling fee from retailers and for which the state reimburses collectors and processors who recycle such waste.

7. “CRV CP” means CRV materials that were collected as part of a collection program in the State of California. When such materials are marketed from the Napa MDF the price received for the materials will include a payment from CalRecycle, or any successor agencies, that is based upon the specific source of the materials, in this case, a collection program. The term “CRy CP” is applied as a modifier to a specific material type. For example “PET CRV CP” means PET plastic with CRV value that was collected through a collection program. This designation indicates the material is eligible for a CRV payment for PET originally collected through a collection program, which differs from the payment for Attachment AA
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PET originally delivered to a buy back center or collected through a curbside recycling program.

8. “CRy CS” means CRV materials that were collected via a curbside recycling program in the State of California. When such materials are marketed from the Napa MDF the price received for the materials will include a payment from the CalRecycle, or any successor agencies, that is based upon the specific source of the materials, in this case, a curbside recycling program. The term “CRy CS” is applied as a modifier to a specific material type. For example, “HDPE CRV CS” means HDPE plastic with CRV value that was collected by a curbside recycling program. This designation indicates the material is eligible for a CRV payment for }IDPE collected through a curbside recycling program which differs from the payment for HDPE originally delivered to a buy back center or collected through a collection program.

9. “CRV RC” means CRV materials that were delivered to a buy back recycling center and for which a consumer or customer was paid the specified redemption value established by CalRecycle, or any successor agencies. When such materials are marketed from the Napa MDF the price received for the materials will include a payment from the CalRecycle, or any successor agencies, that is based upon the specific source of the materials, in this case, a buy back center. The term “CRy RC” is applied as a modifier to a specific material type. For example, “Aluminum CRV RC” means aluminum with CRV value that was accepted at a buy back center. This designation indicates the material is eligible for a CRV payment for aluminum accepted at a buy back center, which differs from the payment for aluminum originally collected in a collection program or in a curbside recycling program.

10. “Devlin Road Transfer Station” or “DRTS” means the Municipal Solid Waste transfer facility located at 889 Devlin Road, in the unincorporated area of Napa County, which is owned by the Napa Vallejo Waste Management Authority (“Authority”) and which is currently operated by Northern pursuant to an Agreement with the Authority dated March 1, 2007.

11. “DRTS Buyer-Paid Revenue” means all revenue received by Northern from sale of Electronic Waste and Covered Electronic Waste received at the DRTS. DRTS Buyer-Paid Revenue includes all funds paid to Northern by the Buyer. The parties agree the end-market for the Electronic Waste and Covered Electronic Waste will have taken certain deductions out of the payment for packaging weight, contamination and potentially other items. However, Northern shall not make any additional deductions for transportation, brokerage fees, sorting or any other costs.

12. “DRTS New Materials” means materials not listed in Section 1, that are delivered to the DRTS and that require baling and/or marketing. Pursuant to Section 1 C the City has the right of first refusal to bale and market such materials. The following materials are excluded from DRTS New Materials: loose, unbaled scrap metal, wood, drywall, sheetrock, concrete and asphalt that are already being sorted and marketed directly by Northern from the Construction and Demolition sorting line at the DRTS as of January 1, 2008.

13. “DRTS Pre-Sorted Mixed Recyclable Materials” means a mix of two or more Recyclable Materials from the DRTS delivered by Northern, that have been collected, stored, delivered or pre-sorted such that different material types are mixed together and are not completely source or type separated.

Such materials must be further sorted and processed before they are ready to go to market. DRTS Pre Sorted Mixed Recyclable Materials does not include Single Stream Recyclable Materials, regardless of their residue content.

14. “Electronic Waste” or “E-Waste” means discarded electronic devices both with and without screens including computers, stereos, cellular telephones, electronic games, PDA’s and other similar devices. With regard to this Agreement, Electronic Waste refers to waste for which the state does not 2 Attachment AA
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collect a recycling fee and for which the state pays no collection or processing fee for the recycling of such waste, also known as non-covered electronic waste.

15. “Hazardous Waste” means a waste, or combination of wastes which because of its quantity, concentration or physical, chemical or infectious characteristics, may do either of the following: (1) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed.

Hazardous Waste includes all substances defined as hazardous waste, extremely hazardous waste or acutely hazardous waste in California Health and Safety Code Sections 25110.02, 25115 and 25117 or in future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the U.S. Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901, et seq.).

16. “Monthly Average Materials Revenue Expected” means the average of the revenue expected by the City for a specific material marketed from the Napa MDF for the month in which either party makes a written request to the other (pursuant to Section 3 F) to utilize a Monthly Average Materials Revenue Expected instead of the Quarterly Average Materials Revenue Received. To arrive at the average revenue expected to be received for a specified material type the City will perform the following calculation: (1) For each planned sales transaction (booking, purchase order, etc.) multiply the number of tons being sold by the price per ton listed in the booking or purchase order. (2) Add the net dollars of revenue expected from each planned sales transaction (excluding estimated costs for freight, taxes, broker fees, and any other charges) to arrive at a total revenue expected from sale of the specific material for the month. (3) Divide the total revenue expected for the month by the total number of tons of the material being marketed in all the planned sales transactions for the month. (4) This results in a weighted average price per ton of revenue expected from the sales transactions. A sample calculation of the “Monthly Average Materials Revenue Expected” appears in Attachment Four Part B.

The Monthly Average Materials Revenue Expected by the City will reflect one hundred percent (100%) of the revenue expected to be received by the City for sale of the specified type of material, prior to the seventy percent/thirty percent (70%/30%) revenue split with the operator of the Napa MDF.

17. “Municipal Solid Waste” or “MSW” means all fractions of discarded putrescible and non putrescible solid, semi-solid and liquid wastes, including garbage, trash, refuse, rubbish, ashes, industrial wastes, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded substances or materials.

18. “Napa MDF” means the City of Napa Materials Diversion Facility located at 820 Levitin Way, Napa County, owned by the City of Napa.

19. “Negative Value Materials” or “Negative Value” means materials which, during downturns in the secondary materials market, will only be accepted by end markets if a price is paid for acceptance of the material. For example, under strong market conditions, a ton of mixed paper would have a positive value of one hundred dollars ($100.00). In a down market the same ton of mixed paper could have a negative value of ten dollars ($10.00) per ton, meaning that instead of paying the City for the material, the market would charge the City ten dollars per ton to accept the material.

20. “Person” includes any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County, municipality or special purpose district or any other entity whatsoever.
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Napa City CouncilApril 18, 2023

Napa City Council
April 18, 2023