Exhibit A of Draft Contract

RESIDENTIAL, COMMERCIAL, AND CITY FACILITIES
SOLID WASTE SERVICES
AGREEMENT
between
THE CITY OF ELOY, ARIZONA
and
WASTE
MANAGEMENT
OF ARIZONA, INC.
This Agreement is made on 0170-
04 ay , 
2025 between: THE CITY OF ELOY, an Arizona
municipal
corporation, hereinafter referred to
as " City," and WASTE MANAGEMENT
OF
ARIZONA, INC., a California corporation, hereinafter
referred to as " Contractor."
RECITALS
WHEREAS, City issued
a Request
for Proposals
for Residential
and City Solid Waste
and
Recycling Services ( hereinafter " the RFP"); and,
WHEREAS, Contractor
submitted
a proposal in response
to the RFP
on or before January 3,
2025; and
WHEREAS, City -received -and evaluated proposals from several proposers
in response to the
RFP; and,
WHEREAS, City and Contractor have engaged in negotiations regarding the RFP; and
WHEREAS, City has the power to execute this Agreement
on behalf of City; and,
WHEREAS, Contractor has the power to execute this Agreement
on behalf of Contractor; and,
WHEREAS, City desires to hire Contractor
to provide those services specified hereinafter; and,
WHEREAS, Contractor desires to provide those
services specified hereinafter; and,
NOW THEREFORE, City and Contractor do hereby agree as follows:
NOW, THEREFORE, IN CONSIDERATION
of the mutual terms, conditions, promises,
covenants and payments hereinafter set forth, City and Contractor agree as follows:
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AGREEMENT
SECTION 1: RECITALS
INCORPORATION
The foregoing recitals are true and correct and hereby incorporated
herein by reference.
SECTION 2: DEFINITIONS
As used herein, the following defined teens, phrases, words, and their derivations shall have the
meanings
as set forth in this section. When not inconsistent
with the context, words used in the
present
tense
shall
include
the
future, words
importing
persons
shall
include
firms
and
corporations, words used in the plural shall include the singular, words used in the singular shall
include the plural, words used in the masculine gender shall include the feminine gender, and word
used in the feminine gender shall include the masculine gender.
2.
1 Application Programming Interface ( API) — 
The two-
way interface used by the City of Eloy
users
of CIS Infinity
or Route Manager systems
to track service orders for solid waste
equipment changes associated with CIS Infinity customer/
accounts.
2.
2 Act ofDefault or Default — Act of Default or Default shall mean any failure to timely, fully
and completely comply with one or more material requirements, obligations, performance
criteria, duties, terms
or conditions, as started in this Agreement. City may, in its sole
discretion, accept substantial
compliance, which
is
an
act of default, in lieu of full
compliance by waiving such act of default solely by an instrument in writing.
2:
3Agreement
Agreement shall mean this document, including any written amendment thereto
as agreed upon by City and Contractor.
2.4 Appliances — Appliances shall mean
a household
piece of equipment
used for
a particular
purpose. Examples of appliances include, but are not limited to, items that operate .with
Freon such as refrigerators/
freezers, washer/
dryers, stoves, dishwashers, microwaves,
water=. heaters; -etc-. Equipment= containing
Excluded - Waste (
as
defined
below), -
hydrocarbons
or other aerosol propellant, refrigerant, or organic solvent consisting of one
or more of a group of chlorofluorocarbons
and related compounds
are not are subject to
collection
in this Agreement. Refrigerators/
freezers
or other equipment that uses Freon or
other refrigerant will be accepted if Freon or other refrigerant has been removed from the
equipment
and the resident
can demonstrate
with the paperwork
from
a third party to
CONTRACTOR that the Freon or refrigerant has been properly evacuated.
2.5 Audio/
Video
Equipment — Audio/
Video
Equipment
shall
mean televisions, stereos, radios,
amplifiers, projectors, satellite and cable equipment, video equipment, VCR'
s, 
CD player,
Video
game
equipment, surveillance
equipment, cameras, broadcasting
equipment,
communications
equipment, and other electronic equipment of a similar nature.
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2.
6 Backdoor — Backdoor shall mean
a location at the front, side or rear of a Residential Service
Unit acceptable to both the Resident and Contractor
for Municipal
Solid Waste Services
and Recycling Services. The City reserves
the right to designate the location for Municipal
Solid Waste Services and Recycling Services if (i) 
the Resident and the Contractor cannot
agree
on an acceptable
location
or ( ii) 
the location agreed upon by the Resident and the
Contractor presents or may present health and safety hazards.
2.
7 Bag — Bag shall mean
a non -dissolvable plastic sack with a capacity of up to approximately
thirty-
five (35) gallons designed or intended to store Municipal Solid Waste with sufficient
wall strength to maintain physical integrity when lifted by the top.
2.
8 Batteries —Batteries shall mean alkaline batteries, nickel cadmium batteries, lead acid batteries,
lithium batteries, and other electronic equipment of a similar nature.
2.
9 Beyond
Contractor'
s
Control — 
Beyond
Contractor'
s
Control
shall
mean
events
that
materially
and adversely affect Contractor'
s ability to perform the obligations
under the
Agreement and are not due to Contractor'
s fault or negligence
and could not be avoided by
Contractor'
s
exercise
of commercially
reasonable
efforts. Allowable
events
include
temporary landfill closure or extreme hazardous weather conditions.
2.
10
Brush — Brush shall mean cuttings or trimmings
from trees, shrubs, or lawns and similar
materials.
2.
11 Bulk Waste— 
Bulk Waste shall mean Municipal Solid Waste as set forth in page 21 paragraph
2 of the CONTRACTOR proposal, which is included herein
as Appendix D.
2.
12 Bulk Waste Services -
Bulk Waste Services -shall mean the collection and disposal of Bulk
Waste by the Contractor and the collection and recycling of Bulk Waste pursuant to this
Agreement.
2.
13 -Bundle — B-
undle-
shall mean Green Waste securely tied together forming.
a package that may
be easily handled, riottoekceed
four (4) feet in length Cr fifty (50) lbs. in weight.
2.
14 Business Day — Business Day shall mean any day, Monday through Friday, from 8:
00 AM,
until 5:
00 p.
m. 
local Arizona time.
2.
15 Cart — Cart shall mean a receptacle
with wheels with
a capacity of up to approximately
ninety-
six (
96) gallons designed or intended to be mechanically dumped into a loaderpacker
type truck and approved for use by the City.
2.
16 City — City shall mean the City of Eloy, Arizona; and shall include City'
s elected officials,
officers, employees, agents, volunteers
and representatives.
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2.
17 City Event — 
City Event shall mean
an event sponsored or co -sponsored by the City and
designated by the City to receive City Services not to exceed 15 events. City events shall
include festivals
and community
clean - up events. The City has the sole authority to add
or eliminate City Events
to receive City Services. Items
accepted at all events include
Electronics, Latex Paint, Document Shredding, and Metal and Appliances.
2.
18 City Facility — City Facility shall mean
any City -owned or operated facility designated by
the City
as
a City Facility to receive City Services. The City has the sole authority to add
or eliminate City Facilities to receive City Services.
2.
19 City Services — City Services
shall
mean Municipal Solid Waste Services, Bulk Waste
Services, and Recycling
Services
for City Facilities
pursuant
to this Agreement
and
Municipal
Solid Waste Services and Recycling
Services for City Events pursuant to this
Agreement.
2.
20 Collect, Collected
or Collection — Collection
shall mean the act of picking up Residential
Solid Waste, City Facility
Solid Waste, City Event Solid Waste, or Bulk Waste from
Residential Waste Service Units, City Facilities, Neighborhood Recycling Dropoff Sites ( if
the parties agree
to add), or City Events and delivery of Residential
Solid Waste, City
Facility
Solid Waste, City Event Solid Waste, or Bulk Waste to the Disposal Facility.
Collection shall also mean the act of picking up Program Recyclables, Electronics, or tires
from Residential Waste Service Units, City Facilities, or City Events and delivery of the
Program Recyclables to the Recycling Facility.
2.
21 . Commercial - Enterprise. — 
Commercial
Enterprise
shall
mean
any
non-
residential
establishment that has a physical address within the incorporated limitsofthe City and that
is serviced under the Contract with the City. This includes, but is not limited to: businesses,
schools, ..- 
churches; nonprofit
organizations, . correctional
facilities; or
multi -family
residential
structures.
2.
22 Compactor — 
Compactor
shall
mean
any container, regardless of its size, which has
a
compactionmechanism, whether_
stationary or mobile, -.and -approved_
foruse_
by_
the =
City.. __
2.
23 Comply
or Compliance — Comply
or Compliance shall mean timely, fully and completely
performing or meeting each and every term, requirement, obligation, performance criteria,
duty
or condition
as stated in this Agreement. 
Compliance
shall not
mean
substantial
compliance. Substantial compliance
shall be an Act of Default unless waived by the City
solely by a written instrument.
2.
24
Computer Equipment — Computer
Equipment
shall
mean PC'
s, 
laptops, CRT monitors,
modems, switches, hubs and routers, storage devices, main frames, servers, power supplies,
tape libraries, circuit boards, power cords, printers, wire and cabling, surplus metals, mice,
keyboards, hard drives, floppy, DVD and CD drives, and other electronic equipment of a
similar nature.
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2.
25
Construction
and Demolition
Waste — 
Construction
and Demolition
Waste shall
mean
Municipal
Solid Waste
resulting from construction
or demolition projects; includes
all
materials that are directly or indirectly the by-
products of construction work or that result
from demolition of buildings
and other structures, including, but not limited to, paper,
cartons, gypsum
board, wood, carpet
or
carpet padding, excelsior, rubber, plastics,
concrete, tile, asphalt, and old corrugated cardboard.
2.
26
Container — Container shall mean Compactor, Dumpster, and Roll -off.
2.
27 Contamination — Contamination shall mean the existence of any other material or substance
on or contained in Program Recyclable Materials other than Program Recyclable Materials.
2.
28 Contract Administrator — Contract Administrator shall mean the City Manager of the City, or
his designee
or
designees, who
shall
represent
the City
in the
administration
and
supervision of this Agreement.
2.
29
Contract
Year — Contract
Year shall mean the period beginning July 1st and ending on June
30th of the subsequent year for the term of the Agreement.
2.
30
Contractor — 
Contractor
shall
mean
Waste Management
of Arizona, Inc., which
is
authorized
to
do business
in the City
and the State, and Contractor'
s
assignees
and
Contractor'
s subcontractors.
2.
31
Council — Council shall mean the City Council, governing body of the City.
2.
32 Curbside -._
Curbside shall mean within five (5) feet of the street or alleyway that provides
primary
access to the Residential Service Unit as designated by the City.
2.
33 Discharge — Discharge
shall mean
the deposit, conduct, drain, emit, throw, run, allow to
seep, or otherwise release, or to allow, permit, or suffer any of these acts or omissions.
2.
34 Disposal, Disposed
or Disposal — Dispose, Disposed, or Disposal shall mean the discharge,
deposit injection, dumping, spilling, leaking of any Residential Solid Waste, City Facility
Solid Waste, City Event Solid Waste, or Bulk Waste at a Disposal Facility operated in
accordance
with laws.
2.
35 Document Shredding — Document
Shredding shall mean the act of destroying any documents
either onsite or within locked containers that may be considered confidential and verified
with a Certificate of Destruction.
2.
36 Dumpster — Dumpster shall mean any container, excluding compactors, with a tight -fitting
lid and a minimum capacity of one ( 1) cubic yard, a maximum capacity of eight ( 8) cubic
yards, and approved for use by the City.
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2.
37 Effective Date — Effective
Date
shall
mean
the date upon which this Agreement
is fully
executed by both parties. The later signature date shall be the Effective
Date.
2.
38 Electronic Components — Electronic Components
shall mean capacitors diodes, resistors,
transistor and integrated circuits, and other electronic equipment of a similar nature.
2.
39
Electronics — Electronics
shall
mean
Computer
Equipment, Point
of Sale Equipment,
Telecom Equipment, Printing Equipment, Audio/
Visual Equipment, Batteries, Electronic
Components, household
appliance, surplus metals and wire and cable, test equipment, lab
equipment, comiectors, ballasts, power strips, and other electronic equipment of similar
nature.
2.
40 Excluded Waste — Excluded
Waste means
any waste tires, radioactive, volatile, corrosive,
flammable, explosive, biomedical, infectious, bio-
hazardous, regulated
medical
or
hazardous
waste, toxic substance
or material, as defined by, characterized, or listed under
applicable federal, state, or local laws or regulations, any materials containing information
protected by federal, state or local privacy and security laws or regulations ( unless tendered
to Contractor pursuant to a separate agreement), or any material the acceptance
or handling
of which
would
cause
a violation
of any Applicable
Law, damage
to Contractor'
s
equipment of facilities, or present
a substantial
endangerment to the health or safety of the
public
or Contractor'
s employees. Title to and liability for Excluded Waste shall remain
with the generator
at all times.
2.
41. Garbage. —.Garbage shall mean Solid Waste consisting of putrescible animal and vegetable
waste materials resulting from the handling, preparation, cooking, and consumption of
food,- including waste . materials from markets, storage facilities,- handling, and sale of
produce and other food products.
2.
42 Generator — Generator shall mean any person, by site or location that produces Solid Waste,
or Recyclable Materials.
2.
43 Green Waste —
Cuttings or trimmings from trees, shrubs, or lawns, and similar materials
such as grass, leaves, flowers, stalks, tree trimmings, Brush, and branches that are set
out to be collected
as a part of the Green Waste Service. Any such material set out to
be collected with Municipal Solid Waste Services
or Bulk Waste Services
shall be
considered Municipal Solid Waste or Bulk Waste.
2.
44 Green Waste Bag — Green Waste Bag shall mean Kraft bag or other sack authorized by the
Green
Waste
Processing Facility, designed
to
store
Green Waste with
sufficient wall
strength to maintain physical integrity when lifted. Total weight of a Green Waste Bag and
its contents shall not exceed forty (40) pounds.
2.
45 Green
Waste Service_ Green Waste Service shall
mean
the collection, processing, and
marketing
of Green Waste pursuant
to this agreement, if the parties
agree to add such
services to this Agreement.
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2.
46 Hazardous
Waste — Hazardous Waste shall mean any Solid Waste identified
or listed
as
a
hazardous
waste by the administrator
of the United
States
Environmental
Protection
Agency
under
the federal
Solid
Waste Disposal
Act, as
amended by the
Resource
Conservation
and Recovery Act of 1976, 42 United
States Code, §§6901
et seq., as
amended and set forth in Arizona Administrative Code Section R18-
8-
261.
2.
47
Herein, Hereunder, Hereby, Hereto, Hereof and any similar terms — shall mean this
Agreement.
2.
48 Improper Set -out — Improper Set -out shall mean
a set -out of Residential
Solid Waste, City
Solid Waste, City Event Solid Waste, Bulk Waste, or Green Waste, that is not compliant
with local laws.
2.
49 Laws — Laws shall mean any and all Federal, State and local laws, statues, regulations, rulings,
ordinances and policies.
2.
50 Latex Paint — Latex Paint shall mean water -based
or acrylic paint, which is not to be
considered hazardous.
2.
51 Marketing— 
Marketing shall mean identification
and developing of end markets for Program
Recyclable Material and the selling of Program Recyclable Material to end markets.
2.
52
May = May shall mean something that is not mandatory but permissible.
2.
53 Missed Block
Missed .block shall mean
a block for which Contractor - failed to provide
services to -three ( 3) -
or more customers
on the block, who properly prepared and set out
their Residential Solid Waste, City Facility
Solid Waste, City Event Solid Waste, Bulk
Waste, or Animal West at the collection location on the scheduled collection day, and all
said. materials were not picked up by the Contractor. Contractor may dispute the designation
ofa Missed :Collecfion'
to the City. In the case of a dispute, the -City'
s determination
shall
be final as to whether a set -out is a Missed Collection. - -
2.
54 Missed Collection — Missed Collection
shall mean Contractor'
s failure to provide service to
customers who properly prepared and set out their Residential
Solid Waste, City Facility
Solid Waste, City Event Solid Waste, Bulk Waste, or Animal West at the collection location
on the scheduled collection day, and all said materials were not picked up by the Contractor.
Contractor may dispute the designation of a Missed Collection to the City. In the case of a
dispute, the City'
s determination shall be final as to whether a set -out is a Missed Collection
2.
55 Multifamily Complex — "Multifamily residential properties" means any real property that has
one or more
structures
and that contains five or more dwelling units for rent or lease that
are subject to title 33, chapter 10: Arizona Revised Statutes 49-
746.'`
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2.
56 Municipal
Separate
Storm
Sewer System
or MS4 — means
the system
of conveyances
including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-
made
channels, natural
conveyances
or
storm drains) owned
or
operated by the City and designed
or used for collecting or conveying Stormwater, and that
is not used for collecting
or conveying sewage. Also the City MS4.
2.
57 Municipal Solid Waste — Municipal Solid Waste ( MSW) shall mean Solid Waste resulting
from or incidental to activities of Residential Service Units, City Facilities, and City Events,
including garbage and rubbish. Municipal Solid Waste shall not include Excluded Waste.
2.
58 Municipal Solid Waste Services — Municipal Solid Waste Services shall mean collection and
disposal of Municipal Solid Waste by the Contractor pursuant to this Agreement.
2.
59 Neighborhood Recycling Drop-
offSite - Neighborhood Recycling Drop-
off Site shall mean
any site designated by the City for drop-
off of Program Recyclables. The City has the sole
authority to add or eliminated Neighborhood
Recycling Drop-
off Site, in which case the
parties will negotiate additional ( if added) Contractor compensation.
2.
60 Neighborhood Recycling Drop-
off Services - Neighborhood
Recycling Drop-
off
Services
shall mean the provision of Bulk Waste Services
and Recycling Services
to Neighborhood
Recycling Drop-
off Sites by the Contractor.
2.
61 Non -recyclable
Waste — Non -recyclable waste shall mean the portion of Solid Waste that is
not Program Recyclables.
2:
62 --Person = 
Person , shall
mean
an individual, corporation, organization,-:
governmentQr
governmental
subdivision
or agency, business trust, partnership, association, or any other
legal entity.
63 PCS.(
Petroleum
Contaminated Soil)- classified
as special waste containing gasoline, -diesel,
and used oils derived from the cleanup of leaks and small :
subj eet to _Waste handling -
requirements A.
R.
S. § 
49-
856. A.
1.
2.
64
Process, Processed
or Processing — Recovery of Recyclable Materials, Treatment into
Recovered Materials, and marketing of Recovered Materials
to end markets; Recovery of
Green Waste, treatment into mulch or compost, and marketing of mulch or compost to end
markets; and marketing of Recovered Materials to end markets.
2.
65 Processing Facility — Processing Facility shall mean
a facility permitted under all applicable
local, state, and federal laws and regulations for Processing Green Waste.
2.
66 Program Aluminum and Steel Program Recyclable Material — Program Ahiminum and Steel
Recyclable Material shall mean any beverage container, food can, bi-
metal container, or
lid with
or without
paper labels, rings, and
lids composed primarily of whole iron,
aluminum, steel, or other Recyclable Material of a similar nature.
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2.
67 Program Glass Recyclable Material — Program Glass Recyclable Material shall mean any
glass food and beverage bottles, containers, or jars with or without paper labels, rings, and
lids. Program Glass Recyclable Material shall not mean window glass, porcelain, or china.
2.
68
Program Paper Recyclable Material — Program Paper Recyclable Material
shall mean
any:
A) 
Kraft paper,
B) 
Corrugated containers that have liners of Kraft, jute, or test liner including dry food
boxes, beer and soda carriers, shoe boxes,
C) 
Old newspaper including slick paper inserts,
D) 
Chipboard, and
E) 
Other mixed paper including
but not limited
to junk mail, junk mail inserts,
residential
mixed paper, bagged
shredded paper, high-
grade paper, white
and
colored ledger, copier paper, office paper, laser printer paper, computer
paper
including continuous -formed perforated white bond or green bar paper, book paper,
cotton fiber content
paper, duplicator paper, form bond, manifold business forms,
mimeo paper, note pad paper ( no backing), loose leaf fillers, stationery, writing
paper, paper
envelopes
without
plastic
windows, carbonless ( NCR) paper,
tabulating
cards, facsimile
paper, manila folders, magazines, paperback books,
small catalogs, telephone books and Yellow Pages.
2.
69
Program Plastic Recyclable Material — Program Plastic Recyclable Material shall mean
any # 1 through #7 rigid_
plastic bottle, container, jug, or jar. Contractormaytemporarily
dispose of such items if there is not a commercially viable market.
2.
70 - Program Recyclable Material — Program Recyclable Material shall mean Program Paper
Recyclable
Material, Program Plastic Recyclable
Material, Program
Glass Recyclable
Materials, and Program Aluminum and Steel Program Recyclable Material.
2.
71- == 
Recovered=
Material
Recovered
Material shall mean Recyclable -Materials which have
been processed at the Recyclable Material Facility to market specifications.
2.
72
Recyclable Material — Recyclable
Material
shall
mean material that has been recovered
or diverted from the nonhazardous Solid Waste stream for purposes
of reuse, recycling, or
reclamation, a substantial portion of which
is consistently used in the manufacture
of
products that may otherwise be produced using raw or virgin materials. Recyclable material
is not Solid Waste. However, Recyclable Material may become Solid Waste at such time,
if any, as it is abandoned
or disposed of rather than recycled, whereupon
it will be Solid
Waste with respect only to the party actually abandoning or disposing of the material.
2.
73
Recyclable Material Facility — Recyclable Material Facility shall mean -all contiguous
land, structures, other appurtenances, and improvements
on the land used for processing of
Recyclable Materials. A facility may be publicly
or privately owned and may consist of
several processing
or storage units.
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2.
74
Recycling — Recycling
shall mean a process by which materials that have served their
intended use or are scrapped, discarded, used, surplus, or obsolete
are collected, separated,
or processed and returned to use in the form of raw materials in the production
of new
products. Except for mixed Municipal
Solid Waste composting, that is, composting of the
typical mixed Solid Waste, recycling
includes the composting
process
if the compost
material is put to beneficial use.
2.
75
Recycling
Services — 
Recycling
Services
shall
mean
thesingle
stream
collection,
processing, and marketing of Program Recyclable Material by Contractor
pursuant to this
Agreement.
2.
76
Resident — Resident shall mean a person whom resides at a Residential Service Unit.
2.
77
Residential Service Unit — Residential Service Unit shall mean
a dwelling Identified by
the City to receive
Residential
Waste
Services and utilizing
a Solid Waste Cart for the
accumulation and storage of Residential Solid Waste.
2.
78
Residential Solid Waste - Residential
Solid Waste shall
mean
any Solid Waste that is
generated
from
Residential
Waste
Service
Units, not
including
Construction
and
Demolition Waste, Hazardous Waste, Excluded Waste, or tires.
2.
79 - Residential
Waste Service Area — Residential Waste Service Area shall mean Residential
Waste Service Areas described by separate resolution
on file with the City Clerk.
2.
80
Residential Services — Residential
Services
shall mean Municipal Solid Waste Services,
Bulk-
Waste Services;=
Recycling
Services, and Green Waste Services ( if the parties agree
to add this service to the Agreement), for Residential
Service Units.
2.
81
Residue
Residue - shall
mean that portion of the Recycle
Materials
accepted by the
Contractor
which are not converted to Recovered
Materials - due-
to-
spoilagei breakage,
contamination and/
or transportation
or processing inefficiencies, other than Rejects. _
2.
82
RFP Documents — 
RFP
Documents
shall
mean the RFP, including addendums, and the
proposal submitted by the Contractor in response to the RFP.
2.
83
Roll -off — Roll -off shall mean any container, excluding compactors, with
a capacity of
greater than eight ( 8) cubic yards which
is normally loaded
onto
a motor vehicle and
transported to a Solid Waste Facility or Recyclable Material Facility and approved for use
by the City.
2.
84
Rubbish — Rubbish shall mean
non-
putrescible
solid waste ( excluding ashes), consisting
of both combustible - and noncombustible
waste materials. Combustible rubbish includes
paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, brush, or similar materials;
noncombustible
rubbish includes glass, crockery, tin cans, aluminum
cans, and similar
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materials that will not burn at ordinary incinerator temperatures ( 1,600 degrees Fahrenheit
to 1,
800 degrees Fahrenheit).
2.
85
Scavenging — 
Scavenging
shall
mean
the unauthorized removal of Recyclable Material
after the generators thereof divest control physically
or as a matter of appropriate law, rule
or regulation.
2.
86 ' Shall — Shall will always mean mandatory and not merely directory.
2.
87
Single
Stream — 
Single
Stream
shall
mean
Program
Recyclable
Materials
that
are
commingled
and that do not require the generator to subdivide the Program Recyclable
Materials prior to collection.
2.
88
Solid
Waste — 
Solid
Waste
shall
mean
garbage, rubbish, sludge
from
a wastewater
treatment plant, water supply treatment plant, or air pollution control facility, and other
discarded
material, including
solid, liquid, semisolid, or
contained
gaseous material
resulting from industrial, municipal, commercial, mining, and agricultural
operations
and
from community and institutional activities, but does not include:
A)
B)
Solid
or
dissolved
material
in domestic
sewage
or irrigation
return
flows
or
industrial discharges subject to regulation by permit issued under Chapter 26, Water
Code.
Soil, dirt, rock, sand, and other natural
or man-
made
inert solid materials
used to
fill land ifthe object of the fill is to make the landsuitable for surface improvement
construction.
2:
89
SO -lid -Waste Facility
Solid Waste Facility shall mean all contiguous - land, structures,
other-
appurtenahees, and improvements
on the land used for disposing -of Solid Waste.
2.
90
Special
Waste — Special
Waste shall
mean_ any Solid Waste
or combination of Solid
Wastes that because of its quantity, concentration, physical or chemical characteristics, or
biological-=
pfoperties-
requifes special handling and disposal-
to.
protect theTruman health or -
the environment. If improperly handled, transported, stored, processed, or -disposed of or
otherwise
managed, it may pose a present
or potential danger to the human health or the
environment. Special Wastes shall include:
A) Hazardous
waste from conditionally
exempt small -quantity generators
that may be
exempt from full controls under Chapter 335, Subchapter N of this title (relating to
Household
Materials Which Could Be Classified
as Hazardous
Wastes); ( B) Class 1 industrial nonhazardous waste. ( C) Untreated medical
waste.
D) 
Septic tank pumping'
s.
E) 
Grease and grit trap wastes.
F) 
Wastes from commercial
or industrial
wastewater treatment plants; air pollution
control facilities; and tanks, drums, or containers used for shipping or storing any
material
that has been listed
as
a hazardous
constituent in 40 Code of Federal
11 of 60

Regulations ( CFR) Part 261, Appendix VIII but has not been listed
as a commercial
chemical product in 40 CFR §261.
33(
e) 
or ( f); (
G) Slaughterhouse
wastes.
H) 
Dead animals.
I) 
Drugs, contaminated foods, or contaminated beverages, other than those contained
in normal household
waste.
J) 
Pesticide ( insecticide, herbicide, fungicide, or rodenticide) containers.
K) 
Discarded materials containing asbestos.
L) 
Incinerator ash.
M) 
Soil contaminated by petroleum products, crude oils, or chemicals in concentrations
of greater than 1,
500 milligrams
per kilogram total petroleum hydrocarbons; or
contaminated
by constituents of concern that exceed the concentrations
listed in
Table 1 of §335.
521(
a)(
1) 
of this title (relating to Appendices); ( N) Used oil.
O) Waste from oil, gas, and geothermal activities when those wastes
are to be processed,
treated, or disposed of at a solid waste management facility; (P) Waste generated
outside the boundaries
of Arizona that contains:
i) 
any industrial
waste.
ii) 
any waste associated with oil, gas, and geothermal exploration, production,
or development activities; or
iii) 
any item listed as a special waste in this paragraph.
Q) 
Lead acid storage batteries; and
R) 
Used -oil filters from internal combustion engines.
2.
91
State_— State shall mean the State of Arizona, or any of its duly established agencies, such
as the Arizona Department of Environmental Quality.
2.
92 
Stormivater — Stormwater
shall
mean
any surface flow, runoff, and drainage consisting
entirely
of water
from
any
form of natural
precipitation
and resulting
from
such
precipitation.
2.
93 .: Substantial -- Compliance _— 
Substantial
Compliance
shall
pertain
solely
to
acts of -
Contrac-
tor
less than full and complete compliance and being ninety percent
90° )
being ' 
p
P ( /
o
or more of full compliance. Substantial compliance
shall mean
an act of default.
2.
94
Telecom Equipment - Telecom Equipment shall mean telephones, cell phones, CSU/
DSU
multiplexing
equipment, phone
systems, answering
systems, 
and
other
electronic
equipment of a similar nature.
2.
95
Temporary
Discontinuance of Residential
Waste
Services
Customer List - Temporary
Discontinuance
of Residential
Waste Services
Customer List shall mean the customer list
maintained by the City of those Residential Waste Service Units which have been granted
a temporary
discontinuance
by
the City
from
the requirement
to
receive
curbside
Residential- Waste Services other than community - wide Residential Solid Waste Services
pursuant to Article 10-
10 of the City Code.
2.
96
Ton — Ton shall mean a unit of weight equal to 2,
000 pounds.
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2.
97
Unaccepted Set -out — Unaccepted
Set -out shall mean a set -out for collection that does not
comply with the requirements
of the contract.
2.
98
Unaccepted ' Set -out Notice — Unaccepted
Set -out Notice
shall
mean
a written notice
approved by the City notifying the Resident of the reason, stating the reason the set -out or
portion of the set -out was designated
an Unaccepted
Set -out.
2.
99
Will — Will shall mean mandatory and not merely directory.
SECTION 3: REPRESENTATIONS
3.
1
Representations by City
The City represents to the Contractor that the City is duly organized and existing in good
standing under the laws of the State and is duly qualified and authorized
to carry on the
governmental
functions
and operations
as contemplated by this Agreement.
3.
2
Representations
by Contractor
The Contractor represents
to the City that:
i) 
The Contractor
is duly qualified and in good standing to do business in the State
and is duly qualified
and in good standing
to do business
wherever
necessary to
carry on the business and operations contemplated by this Agreement. -
ii) 
The -Contractor has obtained the necessary
disposal capacity for Municipal
Solid
Waste. and Bulk Waste,
with-
a Solid Waste Facility for -the initial term and renewal
terms as defined in Section 5 of this Agreement.
iii) 
The Contractor has obtained
the necessary processing and marketing capacity for
Program Recyclable Material and Bulk Waste with a Recyclable Material Facility
for the initial -term and renewal terms as defined in Section 5 of- 
this. Agreement.
iv) 
The Contractor has obtained all applicable environmental
and other governmental
permits, licenses and authorizations that are necessary for collection and disposal
of Municipal Solid Waste and Bulk Waste.
v) 
The Contractor has obtained all applicable environmental
and other governmental
permits, licenses and authorizations
that are necessary
for collection, processing
and marketing of Bulk Waste Program Recyclable Material, and Green Waste ( if
the parties agree to add).
vi) 
The Contractor
has obtained all applicable environmental- and other governmental
permits, licenses and authorizations that are required under Federal, State, local law,
regulation, rule or ordinance.
vii) The =Contractor has
obtained
all required
insurance
coverages
specified
in this
Agreement when contracted services begin.
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viii) The
Contractor
has obtained
the required performance
bond specified
in this
Agreement when contracted services begin.
ix) 
To the best of the Contractor'
s knowledge, there is no action, suit or proceeding, at
law or equity, before or by any court or government authority, pending or threatened
against the Contractor, wherein
an unfavorable decision, ruling
or finding would
materially adversely
affect the performance
by the Contractor of its obligation
hereunder
or the other transactions
contemplated
hereby, or which, in any way,
would adversely affect the validity or enforceability of this Agreement, or any other
contract
or
instrument
entered
into by the Contractor in connection
with the
transactions contemplated hereby.
SECTION 4: GRANT OF FRANCHISE
City hereby grants Contractor for the term of this Agreement, as defined in Section 5 unless sooner
terminated, the right, privilege, and franchise
to have, use and operate Residential
Services and
City Services; and to have, use and operate its vehicles on, over, and along, and across the present
and future streets. The City grants the Contractor the exclusive right, privilege, and franchise to
have, use and operate:
i)
Residential
Services
Residential
Solid
Waste
Services, Bulk Waste
Services, Recycling
Services, and Green Waste Services ( if the parties agree to add), for Residential Service
Units,
ii) Municipal Solid Waste Services, Bulk Waste Services, and Recycling .Services for City
Facilities, and
iii) -- 
Municipal Solid Waste Services and Recycling
Services for City Events: -
iv) _ = 
Notwithstanding any provision in this Agreement, commercial enterprises
shall have the
option to procure solid waste services on the open market without regard to any Agreement
entered into by the City. However, should any commercial enterprise wish to establish
a
billing account through the City under the City'
s Agreement with the Contractor, they shall
receive services as outlined. in this Agreement. .-
SECTION 5: EFFECTIVE DATE AND TERM OF AGREEMENT;
COOPERATIVE
USAGE
5.
1
Effective Date
Except as otherwise provided for herein, the obligations of the parties shall take effect on
the date of execution hereof.
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5.
2
Term of Agreement
5.2.
1
Initial Term
Unless
sooner terminated in accordance with the provisions
in this Agreement, the initial
term of this Agreement shall be for a three ( 3) year period commencing on June 1, 2025 at
12:
00 AM and shall continue in effect until June 30, 2028 at 11:
59 PM.
5.2.
2 Optional
Renewal Terms
After the initial term as defined in Section 5 of this Agreement, City shall have the option
to renew this Agreement for two ( 3) additional optional renewal terms of three ( 3) years
each, followed by one ( 1) final renewal term of one ( 1) year. Contractor may prohibit the
City from exercising
an optional renewal term by providing written notice to the City on
or before nine ( 9) months preceding the scheduled
date of expiration of the initial term or
the then current optional
renewal term of this Agreement. 
If the Contractor
does not
provide written notice to the City on or before nine ( 9) months preceding
the scheduled
date of expiration of the initial
term
or the then current
optional renewal
term of this
Agreement prohibiting
the City from exercising
the optional renewal term, the City may
upon written notice to Contractor not later than 180 calendar days preceding the scheduled
date of expiration of the initial
term
or the then current
optional
renewal
term of this
Agreement of the City'
s intent to exercise the optional renewal term. This provision in no
way limits the City'
s right to terminate this Agreement at any time during the initial term
or any optional renewal term thereof pursuant to the provisions in this Agreement.
5.
3 Cooperative
Purchasing
The -City ofEloy intends that this contract be extended
for use -by other municipalities; .
government
agencies and governing bodies, and political subdivisions of the State. Any
such usage by other entities must be in accordance with the ordinances, charter and/
or rules
and regulations of the respective entity and is subject to the approval of the Contractor.
SECTION 6: RESIDENTIAL
SERVICES [ SOLID WASTE SERVICES,
BULK WASTE SERVICES, RECYCLING
SERVICES
AND GREEN
WASTE SERVICES]
6.
1
Residential
Services [ Solid Waste Services, Bulk Waste Services, Recycling
and Green Waste Services, Waste Servicesl for Residential
Service Units
6.1.
1 Municipal Solid Waste Services
for Residential Service Units
Contractor shall collect, once per week
on
a scheduled day, all Municipal
Solid Waste
contained in all carts placed in street curbside for scheduled waste collection from each
Residential
Service Unit in the City.
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6.
1.
2 Bulk Waste Services for Residential
Service Units
Contractor shall collect all Bulk Waste from Residential Service Units in City. Residential
Service
Units
shall
schedule
Bulk
Waste
Collection
by using
Contractor'
s
website.
Residential Service Units may also schedule Bulk Waste Collection by contacting the City
Public Works Department, or by using
a widget
on the City'
s website. Notwithstanding
the above, Contractor agrees that, for six months after the Commencement Date, Contractor
shall collect all Bulk Waste that has been placed out for collection regardless of whether
a
Bulk Waste Collection has been scheduled by a Residential Service Unit ( the " Transition
Period"). Residential Service Units receive Bulk Waste Collection prior to the next regular
Bulk Waste Collection Day may be
assessed
an
additional
charge
as prescribed
in
Appendix A: Rates for Residential, Commercial, and City Services. Residential
Service
Units may contact Contractor to schedule Bulk Waste collection at the curbside. Such Bulk
Waste collections will be available
once per month, at the rate set forth in Exhibit
A .
Bulk Waste items may not exceed 4 feet x 4 feet x 2 feet and must be able to be safely lifted
by two people into a collection vehicle. Additional charges will apply for extra items.
6.1.
3 Recycling
Services for Residential
Service
Units
Contractor shall collect, every week
on the
same
scheduled day
as Contractor collects
Municipal Solid Waste from the Residential Service Unit, all Program Recyclable Material
contained in carts placed curbside
for scheduled
waste collection from each Residential
Service Unit in the City.
6.1.
4 Green Waste Services
If the City desired to implement Green Waste Services, the City and Contractor will meet and
confer to develop
a collection program and Contractor compensation.
6.
2
Municipal Residential
and Commercial
Roll -off Services
In accordance with this Agreement, City may.
request of the Contractor that the Contractor
provideroll-
off containers for residential and commercial
account holders. The Contractor
shall determine the -size-
of roll -off containers
available for residential
or commercial
use.
Roll -off -containers
may have approximate
capacities
of between ten (-10) and forty ( 40)
cubic yards. The Contractor and City shall mutually decide on the frequency and scheduled
days when the roll -off containers
may be available
for residential
and/
or
commercial
customers. If a dispute
arises concerning
City Services
for
a City Facility and/
or City
Event, City shall at its sole discretion determine resolution of the disputed issue.
6.3
Municipal Solid Waste Services, Bulk Waste Services
and Recycling
Services
for City Facilities and Municipal Solid Waste Services
and Recycling
Services for
City Events
In accordance with this Agreement, City may request of the Contractor that the Contractor
collect Municipal Solid Waste, Bulk Waste, and Program Recyclable Materials from City
Facilities and Municipal Solid Waste and Program Recyclable Materials from up to 15 City
16 of 60

Events ( Contractor compensation
for more than 15 City Events will be negotiated by the
parties). Contractor and City shall mutually decide
on the number and size of carts and
containers. In addition, Contractor and City shall mutually decide
on the frequency and
scheduled days. If a dispute arises concerning City Services for a City Facility and/
or City
Event, City shall at its sole discretion determine resolution of the disputed issue.
6.
4
Commercial
Solid Waste Services for Front -Load Containers
Commercial customers with a regular and consistent waste stream currently have the option
to have a front -load solid waste container
delivered
to their place of business. Capacities
of the front -load containers
are typically 2-, 3-, 4-, 6-, 
or 8- cubic yards. Additional
frontload containers
sizes may be available
at the discretion of the Contractor. There are
currently
two options for commercial
establishments
to have
the front -load
container
serviced, which are explained
as follows:
On Demand Scheduling. The commercial enterprise calls the City to have
the full front -load container(
s) 
removed
and replaced with an empty container of
the same
size
as needed, in which
case the City will notify the Contractor of the
address and size of the container to be serviced. The City will provide at least 24
hours to the Contractor, and the Contractor will confirm the date the front -load
container is scheduled
for service, but in no case shall the customer be made to
wait more than two (2) business days to have the front -load container serviced; or
Regularly Scheduled Service. If the commercial enterprise has sufficient
solid waste
to justify
a regular service, the Contractor will provide such regular
service as requested by the commercial business
at regular intervals. An example-
of -this
level • of -service
would be
a correctional
institution
with
the Arizona
Department
of Corrections
or a private correctional facility that has an 8 -yard
front -load container
scheduled
to be serviced
twice
a week. The commercial
enterprise will establish the frequency of the service with the City and the City will
notify the Contractor
of the day/
date
the commercial
front -load container is
scheduled for -service. If the Contractor -is unable
to service the commercial
frontload
container
on the regularly
scheduled day/
date, the
Contractor
shall
provide at least 24 hours' notice to the City that the front -load container will not
be serviced according
to the regular schedule
and shall notify the City when the
front -load container will be serviced.
SECTION 7: COLLECTION, DISPOSAL, AND PROCESSING
LOCATION
7.
1
Collection
Location
7.1.
1 Residential
Services
If the City deems all Residents of a Residential Service Unit are handicapped or due to age
or verified physical limitations
cannot safely move
a cart to the curbside, the Contractor
17 of 60

shall collect Municipal
Solid Waste and Program Recyclable
Material
at the Backdoor
which must be deemed safe for Contractor employees and equipment) and Bulk Waste at
the Curbside for such Residential Service Units. For Municipal Solid Waste Services and
Recycling
Service
for Residential
Service
Units
not
deemed
approved
for backdoor
Residential Services by the City, the Contractor
shall collect Municipal Solid Waste, Bulk
Waste, Program Recyclable Material, and Green Waste ( if added) at the curbside.
7.1.
2
City Services
The City and the Contractor shall mutually decide on
a location for collection ofMunicipal
Solid Waste, Bulk Waste, and Recyclable Material from City Facilities
and the location for
collection of Municipal
Solid Waste and Recyclable
Material from City Events. The City
reserves
the right to designate the location for collection of Municipal
Solid Waste, Bulk
Waste, and Recyclable Material generated by City Facilities and the location for collection
of Solid Waste and Recyclable
Material for City Events if the City and the Contractor
cannot agree
on an acceptable location.
7.
2
Disposal Location
Contractor
shall dispose of all Municipal
Solid Waste collected in connection with this
Agreement
at a Solid Waste Facility. For Bulk Waste collected in connection with this
Agreement
that shall be disposed, Contractor
shall dispose of such Bulk Waste
at a Solid
Waste Facility that is appropriately licensed and/
or permitted by the State of Arizona and/
or
the Arizona Department of Environmental Quality.
7.
3
Processing
Location
Contractor - shall .deliver all Recyclable Materials, Green Waste ( if added), and Bulk Waste
Collected in connection with this Agreement at a Processing Facility
as follows: -
i) . Program .=Recyclable
Materials
Collected
to
a Recyclable
Material
Facility
for
Program Recyclable Materials
ii) . Green Waste Collected to a Processing Facility for Green Waste ( if such services
are added)
iii) 
Bulk Waste Processing Facility that processes Bulk Waste ( appliances only)
SECTION 8: COMMINGLING
OF RESIDENTIAL
SERVICES
MATERIALS AND DISPOSAL OF PROGRAM
RECYCLABLE
MATERIALS PROHIBITED
8.
1
Commingling
of Residential
Services
Materials
Prohibited
The
Contractor
shall
not
commingle
Municipal
Solid
Waste, Bulk Waste, and/
or
Recyclable Materials from Residential
Services with materials from outside the City except
when approved in writing by the City. The Contractor shall not commingle Recyclable
Materials from City Facilities with materials from outside the City except when approved
in writing by the City.
18 of 60

8.
2
Disposal
of Program Recyclable
Materials
Prohibited
The Contractor
shall not dispose of any Program Recyclable Material
or market Program
Recyclable
Materials
to markets
that the Contractor knows
or reasonably
should
have
anticipated will dispose
of the Program Recyclable
Material except
when approved
in
writing by the City.
SECTION 9: PROGRAM RECYCLABLE
MATERIAL
PROCESSING
REQUIREMENTS
9.
1 Program
Recyclable
Materials
Processing
Requirements
The Contractor shall utilize processing
subsystems
at the Recyclable
Material. Facility
capable of complying with product specifications
of secondary materials buyers including,
but not limited to, product form, size, weight, density, and degree of contamination. 
In
addition, the Contractor
shall utilize processing
subsystems
at the processing
facility
capable of processing
a minimum of ninety-
five percent ( 95.0%) 
by weight of Program
Recyclable Materials into Recovered Materials monthly.
9.
2 Residential
Recyclable
Materials Audit
The Contactor shall conduct a Recyclable Materials Audit of Residential Recyclable
Materials at the Contractor'
s sole expense and at its discretion. However, City may request
the Contractor perform up to two audits per year, if Contractor has not done so. Ifrequested
by the City, the Contractor shall conduct Recyclable Materials Audits in accordance with
the protocol in Exhibit C of the RFP.
The ;Contractor
arid the City agree that composition information derived from Recyclable
Materials Audits is for publiceducation and outreachpurposes. : - ._ _ -
The -Contractor - shall conduct Recyclable Materials Audits in accordance with the protocol
in Exhibit C. If such services
are added, Contractor will service all of the Neighborhood
Recycle Center'
s
container and return contents to the Processing facility. Contractor will
weigh the load and -manually or mechanically
separate recyclable
items from trash and
provide a _material =composition by weight for each type of recyclable. item. The residual
will bebroken down by nonrecyclable
materials
and a percentage -of contamination will be
provided to the City.
9.
3 Addition
and Deletion
of Program Recyclable
Materials
The City reserves
the right to add other Program Recyclable Materials to the program if the
processing facility accepts such material from other customers and if the parties agree it is
economically
and technically feasible. In addition, the City
reserves
the right to delete
Program Recyclable Materials from the program if the parties agree itis economically- and
technically
prohibitive. Contractor
may temporarily
dispose
of Program
Recyclable
Materials for which there is no commercially viable market. In such event, Contractor will
notify City within ninety ( 90) days that any material will be removed from the recycling
program.
19 of 60

SECTION 10: INSPECTION
OF SET -OUTS AND UNACCEPTED
SETOUTS
10.
1 Contractor'
s
Right to Inspect Set -Outs
The Contractor
may inspect
each set -out prior
to collection
for consistency
with the
requirements
of this Agreement.
10.
2 Unaccepted
Set -outs
10.
2.
1
Reasons for Unaccepted
Set -outs
Prior to collection of the set -out, Contractor may designate
a set -out
as
an Unaccepted
Setout for the following reasons:
i) 
A set -out exceeds the set -out limits
as established in this Agreement.
ii) 
A set -out presents
a substantial endangerment, such as disease or death, to the public
or employee health or safety; or
iii) A set -out contains Hazardous
Waste that cannot be easily separated, such
as by
manual efforts.
Contractor may not designate
a set -out as an Unaccepted Set -out for any reason
other than
those identified in this section.
10.
2.
2 Procedure for Unaccepted Set -outs
If the Contractor_
designates a set -out or a portion of a set -out as an Unaccepted Set -out for
the reasons
set forth in Section 10.
2.
1, 
Contractor shall:
i) Take a date/
time-
stamped photograph of the entire set -out.
ii) 
Collect the portion of the set -out that is properly set -out; and
iii) Immediately provide an Unaccepted Set -out Notice
to the Generator stating the
F = 
reasonthe`
set-
out or portion of the set -out was designated
an Unaccepted_
Set-
out:.
For Bulk Waste set -outs that are Unaccepted Set -outs due -to exceeding the set -out limits,
Contractor shall collect the four (4) largest Bulk Waste items.
For all other Unaccepted Set -outs, Contractor shall provide a list of the Unaccepted Setouts
including the address, reason set -out was an Unaccepted
Set -out, and other information
as
requested by City to the City by 10:
00 AM the next business day. If Contractor fails to
provide notice in accordance
with this section, Contractor shall be subject to administrative
charges in accordance with this Agreement.
If the Contractor designated
a set -out or a portion of a set -out as an Unaccepted Set -out for
the reasons
set forth in Section
10.
2.
1, 
Contractor
shall: Take
a date/
time-
stamped
photograph of the entire set -out.
Collect the portion of the set -out that is properly set -out.
20 of 60

Immediately
provide
a City approved
Improper
set -out tag on the Unaccepted
Set -out
stating the reason the set -out or portion of the set -out that was designated as an Unaccepted
Set -out;
The Contractor shall provide a list of the Unaccepted
Set -outs including the address, reason
the set -out was
an Unaccepted Set -out, photographs, and other information
as requested by
the City to the City by 4:
00 p.
m. 
of the same business day. If Contractor fails to provide
notice in accordance with this section, Contractor shall be subject to administrative
charges
in accordance with this Agreement.
10.
3 Contamination; Overage.
a. Definitions.
i. "Contamination" refers to materials placed in a Recyclable Materials container
other than Recyclable Materials.
ii. "Overage" is defined
as ( a) Solid Waste
or Recyclable Materials exceeding its
container'
s intended capacity such that the lid is lifted by at least 10" or would
be lifted by at least 10" if closed, or ( b) Solid Waste
or Recyclable Materials
placed
on top of or in the immediate vicinity
of the container, in bags
or
otherwise.
b. Roll -Out Period — Education
and Outreach. During
the period beginning
on the
Agreement
commencement date and ending
60 days later ( the " Roll -Out Period"),
Contractor
shall provide an education
program designed
to minimize
instances
of
Contamination and Overage. During the Roll -Out Period, where Contractor documents
that aparticular:
customer. has Contamination
or Overage, Contractor shall collect the ;_
offending
container :.(where it can be done safely and excluding material laying on
ground) and provide a notice to the customer with the following information (a
Violation Notice"):
Date of the offense.
Description of the offense.
If available, a photograph
or video ( or link to photograph or video);
A description of the materials
that
are appropriate for collection
in
said
container
and a link to view online with educational
materials; and
A website to obtain additional information and/
or receive responses to questions
the customer may have.
During the Roll -Out Period, Contractor
shall not impose
a Contamination
or Overage
Charge.
c. Post Roll -Out Period. The following shall apply after the Roll -Out Period:
i. Contamination.
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1. First and Second Occurrences. Contractor shall service containers with
Contamination
except
where
there
is
visible - Excluded
Waste.
Contractor
shall provide
a Violation
Notice, where
such
contact
information has been provided.
2. Third and Subsequent
Occurrences. Contractor may opt to not collect
Recyclable Materials containers
with Contamination; in such event, the
customer may request the container be collected
as Solid Waste, and an
additional
fee will apply. Alternatively, Contractor
may
collect
a
container with Contamination
and invoice the City a Contamination
Charge
in the amount
set forth in Exhibit " A". 
In either case, the
Contractor shall provide
a Violation Notice.
ii. Overage. 
Contractor
may opt
to
not
collect
Overage, unless
caused by
Contractor spillage
of non -overloaded
containers
during collection; in such
event, the customer may correct the Overage and request that Contractor return
to service the container ( an additional fee will apply). Alternatively, Contractor
may collect the container with Overage and invoice the City an Overage Charge
in the amount set forth in Exhibit " A". 
In either case, Contractor shall provide
a
Violation Notice. If there have been more than three instances of Overage in any
12 -month period for
a particular
service ( i.
e., 
Solid
Waste
or Recyclable
Materials), Contractor
may
increase
the
customer'
s
service
level ( i.
e.,
larger/
additional container or more frequent service) to mitigate the Overage, and
may increase the charges to such City according to the increased service level.
Overweight Containers. The Contractor may refuse to collectanySolid
Waste,
Program Recyclable Material, or Green Waste Container which the Contractor
reasonably
believes
to
be
overweight. A
Container
shall
be
considered
overweight" if the total weight ofthe Container and contents exceeds two times
the. volume capacity of said Container ( e.g., 
192 pounds for a:
96 -gallon Cart).
The - Contractor
shall provide
notification
to
the
customer - and - to
the City
regarding each instance of non -collection.
SECTION
11: COLLECTION
AND PROCESSING
EQUIPMENT
11.
1
Collection
Equipment
11.
1.
1 Collection Vehicles
City may inspect the Contractor'
s equipment
at any time to ensure compliance
with this
Contract. Upon notification from the City, the Contractor shall be required
to repair
or
replace equipment
that
is no longer in acceptable condition for its intended purpose,
according
to industry standards. 
The Contractor shall, upon notification from the City,
sanitize
or repaint equipment that is unsightly.
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11.
1.
1.
1 Appearance of Collection Vehicles
Contractor shall paint all collection vehicles uniformly
as approved by the City and
with the name of Contractor, customer
service office telephone
number and the
unique identification number of the vehicle in letters not less than six ( 6) inches
high
on each side and the
rear of the vehicle. All collection
vehicles
shall be
uniquely numbered, and
a record kept of the vehicle to which each number is
assigned.
Contractor shall maintain all collection vehicles
in a clean manner, by industry
standards. Upon the request of the City, Contractor shall wash collection vehicles
as to maintain collection vehicles in a clean manner.
Contractor shall utilize vehicles to which wrap graphics may be applied and shall
apply wrap graphics upon request by the City. Wrap graphics may be for the
purpose
of City -related
education, events, announcements, or
other
content
approved by the City. Application of Wrap graphics to collection vehicles shall be
performed by the Contractor and production and application shall be City'
s sole
cost.
No advertising shall be permitted on vehicles for persons other than the Contractor.
No advertising shall be permitted
on vehicles for third parties.
11.
1.
1.
2 Age of Collection Vehicles
Upon commencement
of the Agreement, contractor shall provide collection
with
collection
vehicles
having
an
average
age
not
exceeding
seven
years ( 7).
Contractor- shall provide collection with collection vehicles of less than ten ( 10)
years of age during the initial term of the Agreement and any subsequent
renewal
terms.
11.
1.
1.
3 Purchase, Operation, Maintenance, Storage and Replacement
of Collection
Vehicles
Contractor, at its sole cost, shall purchase, operate, maintain, store and replace all
collection vehicles as required for the provision ofResidential
Services and City
Services. 
Contractor
shall
maintain
collection
vehicles
according
to industry
standards including, but not limited to compaction, prevention ofleakage, and other
industry standard performance requirements.
All collection vehicles
must be equipped with back-
up cameras and spill kits for oil
and hydraulic fluid spills.
11.
1.
2
Carts
11.
1.
2.
1
Purchase and Delivery of Carts
Contractor, at its sole cost, shall provide all carts
as required for the provision of
Residential Services and City Services in connection with this Agreement. The
City shall approve the appearance, manufacturer
and quality of residential carts.
Contractor, at its sole cost, shall be responsible for the cost to the cart manufacturer,
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order, and arrange for the delivery of all carts to
a secured
area
at Contractor'
s
designated location, for storage of carts until carts are requested to be distributed.
11.
1.
2.
2 Storage and Distribution of Replacement
Carts
Contractor, at its sole cost and expense, shall provide
a secured
area at Contractor'
s
designated location, for storage of carts prior to the implementation
of the Service
Agreement, and shall maintain that location for the duration of the Agreement for
distribution
or replacement of the carts. Contractor, at its sole cost, shall deliver
cart(
s) 
to Residential Service Units and City Facilities within five (5) business days
of the request by the Resident or the City. The Contractor shall provide Residential
and City Services utilizing
current carts owned by or new carts purchased by the
Contractor.
11.
1.
2.
3 Maintenance, Repair, and Replacement of Carts
The Contractor shall provide maintenance
and repair of carts, and distribution
carts
to new Residential Units and of replacement carts as needed. Upon notification to
Contractor by the Resident or City that a customer'
s
cart has been lost, destroyed,
stolen, or that it has
been
damaged beyond repair, Contractor
shall deliver
a
replacement
cart to such customer within five ( 5) business days. Contractor shall,
at its sole cost and expense, replace carts destroyed
or damaged beyond repair if
determined by the City
that
such
destruction
or damage
was
caused by the
Contractor or Contractor'
s employees
or equipment for the life of the Agreement
at no cost to the City or the customer. Contractor shall be reimbursed by City for
replacement
containers where the damage to the container being replaced was not
by Contractor mishandling.
Contractor'
s employees shall take care to prevent damage to carts by unnecessary
rough •treatment. Except
as provided herein, Contractor shall be solely responsible
for the maintenance
and repair, including warranty issues, of carts.
The Contractor
shall report to the City, in accordance
with Recordkeeping and
Reporting - requirements defined
in Section
19 of the Agreement, the number of
carts, used for the Collection of Municipal Solid Waste and for the Collection of
Program Recyclable Materials, that have been lost, stolen, destroyed, or damaged
beyond repair.
11.
1.
3 Other Collection Equipment
11.
1.
3.
1
Appearance of Other Collection Equipment
Contractor shall paint all metal containers uniformly as approved by the City and
with the name of Contractor and Contractor website in letters not less than six (6)
inches high on the front of the container. No advertisingshall_ be _permitted
on
vehicles for persons other than the Contractor. No advertising
shall be permitted
on vehicles for third parties. As for other collection equipment, Contractor shall be
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solely responsible to
ensure the
appearance
of other
collection equipment is
consistent with the collection vehicles and carts.
11.
1.
3.
2 Purchase, Operation, and Maintenance
of Other Collection
Equipment
Unless
otherwise
stated
in this Agreement, Contractor, at its
sole cost, shall
purchase, operate, and maintain collection equipment pursuant to this Agreement.
City, at its reasonable discretion, shall determine whether the Contractor is or is not
properly maintaining
the collection equipment by industry standards. If the City
determines
the Contractor is not properly maintaining the collection equipment, it
shall notify Contractor, and Contractor shall then repair or replace such equipment
in accordance with this Agreement. Additionally, City may
assess
administrative
charges in accordance with this Agreement, where applicable.
11.
1.
3.
3 Replacement of Collection Equipment
Unless otherwise stated in this Agreement, Contractor, at its sole cost, shall replace
collection
equipment if such equipment is lost, stolen
or damaged beyond normal
wear and tear. If Contractor
or City determines
that collection equipment requires
replacement, Contractor shall replace such equipment within fourteen ( 14) calendar
days with comparable
equipment. 
Contractor shall be responsible to make the
appearance of the replacement equipment in adherence with the requirements
of
this Agreement.
11.
1.
4 Ownership of Collection Equipment
11.
1.
4.
1 Ownership Collection Equipment other than Carts
Ownership of_
collection equipment other than carts shall rest with Contractor.
11.
1.
4.
2 Ownership of Carts
Title to and ownership of all solid waste and recycling carts is, at all tines, with the
Contractor, regardless of whether such carts are in the possession of_ 
Contractor,_
Residential
Service Units, City Facilities or any other entity or individual. This
shall include the carts in the possession of the City to be used as an emergency
inventory for the City as prescribed in Paragraph 11.
1.
2.
2 above.
11.
2
Disposal
Facility, Recyclable Material Facility, and Processing Facility
Equipment
11.
2.
1 Scales
The
Contractor
shall
be
solely
responsible
for
ensuring
the
Disposal
Facility
and
Recyclable
Material
Facility
are
equipped
with
adequately
sized
truck
scales
and
computerized record -keeping systems for weighing and recording all incoming vehicles
transporting Municipal Solid Waste and Recyclable Materials. Contractor shall separately
weigh, record and tabulate each load from City.
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Contractor shall have each scale annually certified with the State. Upon request ofthe City,
the Contractor shall provide proof of certification to the City.
11.
2.
2 Capacity and Other Facility Equipment
The Contractor shall be solely responsible
for ensuring
the Disposal Facility has the
capacity
and equipment
to dispose of the quantity and type of materials collected by the
Contractor in connection with this Agreement in accordance with industry standards. In
addition, the Contractor
shall be solely responsible for ensuring the Recyclable
Material
Facility
has the capacity
and equipment
to process the quantity
and type of materials
collected by the Contractor in connection with this Agreement in accordance with industry
standards.
SECTION 12: PERSONNEL
Contractor shall assign a qualified person or persons to be in charge of its operations within City,
and shall provide the name, office telephone number, mobile phone number, email address, and
fax number of Contractor'
s representatives
and key personnel
to the City. Such records
shall be
updated as personnel
or contact information changes. In addition, Contractor shall adhere to the
following requirements:
i)
Contractor
shall
hire
and maintain qualified
personnel
to provide service
under
this
Agreement. As for personnel operating commercial vehicles, Contractor shall ensure such
personnel have a valid commercial driver'
s license while operating commercial
vehicles in
the City
or in connection with this Agreement. If deemed qualified, the Contractor is
encouraged to hire City residents to fill vacant positions
at all levels.__
ii) 
Contractor shall furnish each employee
involved in the performance
of _this Agreement
with
a uniform
and safety vest, shirt
or jacket
which clearly displays
the name of
Contractor. Such uniforms and safety equipment
shall make the employee readilyvisible
to other motorists. Contractor'
s employees. shall wear complete uniforms
and safety vest,
shirt or jacket at all times.
iii) 
Contractor- shall provide regularly scheduled, on -going operating and safety training for- all
employees. In addition, Contractor'
s employees
shall be trained to perform their duties to
maximize
the City'
s
recycling
rate, minimize
contamination, and
always
promote
recycling. Such meetings shall be mandatory for all collection
and supervisory personnel
and held not less
than
once
per month. 
All temporary
and newly hired permanent
collection personnel
shall receive comprehensive safety and operational training prior to
working on the collection vehicles. Training manuals and schedules
shall be maintained
at the local office of Contractor
and available for review at any time by City.
iv) 
All employees involved in the performance
of this Agreement including office and all
collection
personnel, shall
be
provided
adequate
training
before
and
during
their
employment with the Contractor. ' This _training shall_ familiarize employees__ with_ the
required duties and standards of performance, specific requirement
on routes to which they
will be assigned, teach the route layouts previously established and approved, and provide
necessary knowledge
to eliminate delays
and missed collections. 
All supervisory
and
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collection employees shall be provided
comprehensive
safety training, equipment, and
supplies prior to and during the performance of their duties. All collection, administrative,
supervisory and customer service personnel shall receive customer service training prior to
and during the time they are employed by the Contractor.
v) 
Contractor'
s
employees
shall treat all customers, co-
workers, City employees
and any
person with whom they come in contact in the performance
of their duties in a polite and
courteous manner. Rudeness, belligerence, and the use of profanity are strictly prohibited.
The City reserves
the right to direct Contractor to remove
any employee who violates this
policy from providing services to the City.
vi) 
In performance
of collection, disposal, processing, and marketing services, Contractor'
s
employees shall adhere to municipal, City, state and federal laws.
City reserves
the right to make a complaint regarding any employee of the Contractor who violates
any provision herein, or who is wanton, negligent
or discourteous in the performance
of his/
her
duties. The City may require the Contractor
to remove any unacceptable employee, as determined
by the City, from service to the City. 
The City reserves the right to have the Contractor remove
employees who fail to meet these criteria from services related to this Agreement.
SECTION 13: HOURS OF OPERATION
13.
1
Collection
Hours of Operation
Except for specified holidays, Contractor'
s
hours of
operation
within the City Eloy, Arizona
are
set forth below. However, due to events
beyond the Contractor'
s control, which prevent Contractor from completing its collection
services by 6:
00 p.
m., 
Contractor shall send an email to the City no later than 4:
00 p.
m.
that day and request extended collection hours not to exceed 8:
00 p.m. 
and state the reason
for the .extended
hours. . If the extended hours request
is :riot approved by the City,
administrative charges will apply.
13.
1.
1
Residential
Services
Contractor'
s. 
regular collection
hours
shall be from 6:
00
a.
m. until 6:
00 p.
m., 
Monday
through Friday.
Contractor is prohibited from operating its vehicles
on City streets prior to 6:
00 a.
m. or
after 8:
00 p.
m.
13.
1.
2 City Services
Contractor'
s regular collection hours for City Services shall be from 6:
00
a.m. 
until 6:
00
p.
m., 
Monday through Friday. Unless otherwise directed by City, Contractor is prohibited
from operating its vehicles on City streets after 8:
00 p.
m.
13.
2 Facility Hours of Operation
Contractor shall_
be_
solely responsible to ensure .the _Disposal _Facility, Recyclable Material
Facility,- and .Green Waste Processing Facility ( if added) hours of operation are sufficient
to support the requirements
as set forth in this Agreement.
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13.
3 Contractor Representative
Hours of Operation
Contractor shall have a competent
and reliable representative
on duty that is authorized to
make decisions and act on its behalf. Contractor agrees that City shall have twenty-
four
24) hour access to said representative via a non -toll call from City. Answering machines,
pagers or other devices that do not provide for immediate
contact with Contractor'
s
said
representative(
s) 
shall not meet the requirements
of this section.
SECTION
14: HOLIDAYS
For purposes of this Agreement, holidays shall solely include the following:
i) 
New Year'
s Day. (ii)
Martin Luther King Jr. Day
iii) Independence Day. (iv)
Thanksgiving Day; and
v) 
Christmas Day.
The City and Contractor may agree to add or delete holidays. If a holiday occurs on a scheduled
collection
for Residential
Services, Contractor
shall perform
the scheduled
collection
for the
holiday
and the remainder
of the week ending on' Friday
on the next calendar day after the
scheduled collection day. If a holiday occurs
on
a scheduled
collection for City Services, the
Contractor shall perform the scheduled collection for such generator at the sole discretion of each
City Facility and City Event
on the next calendar day after the holiday.
SECTION 15: CUSTOMER SERVICE
15.
1 Customer
Service Office and Complaints -
Contractor shall maintain
a customer service call center office at a location approved by the City;
a call center in the Phoenix metro
area is deemed approved. The customer service office shall be
staffed by the Contractorwith personnel 8:
00 am — 5:
00 pm, Monday — Friday, excluding holidays.
All customer service complaints for Residential
Services
shall be directed
to thee City. The
Contractor
and
Contractor
staff shall
not be designated
as points
of contact for
customer
complaints, and will not handle, respond to, or resolve customer complaints. If the Contractor
receives
a complaint directly, the Contractor shall direct the complainant
to contact the City or
shall
contact
the City Representative
and provide
the following
information
to the City'
s
Representative:
i) 
Customer name, address, and phone number
ii) 
Type of complaint
For all complaints, whether received by the City or the Contractor, the Contractor shall resolve
each_ complaint_ within: _
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i) 
If the complaint
is
a missed collection, Contractor
shall pick up
the missed
collection
on that same day if the complaint is delivered to the Contractor prior to
1:
00 PM.
ii) 
If the complaint
is
a missed collection, Contractor shall pick
up
the missed
collection before 5:
00 PM on the next calendar day if the complaint is delivered to
the Contractor after 1:
00 PM.
iii) If the complaint is property damage, Contractor shall immediately leave notice for
the
customer ( resident) and notify
the City within
twenty-
four (24) hours.
Contractor shall resolve the complaint within seven ( 7) days, consistent with the
damage to property requirements as set forth in Section
17 of this Agreement. If
resolution is not completed within
seven ( 7) days or is not completed to the City'
s
standard, the City may perform or contract with a third party to perform resolution
and subsequently bill Contractor for services.
iv) 
If the complaint other than a missed collection
or property damage, Contractor shall
resolve the complaint within twenty-
four (24) hours of notice of such complaint to
Contractor.
Contractor and Contractor'
s employees understand, acknowledge, and agree that customer service
is of high importance to the City. Contractor
and its employees will work diligently to provide
high customer services to the City and all customers.
SECTION
16: TRANSITION
SUPPORT
Contractor
understands, acknowledges, and agrees
that
a smooth
transition
from currently
provided Residential Services
and City Services and service provider another service provider
and/
or .
from .current Residential
Services
to new
or changed Residential Services_
is
essential for
the health and safety of the City and its residents. Contractor understands, acknowledges, and
agrees that with the failure of Contractor to timely and promptly transition will create serious
health and safety issues for the City and its residents. Contractor understands, acknowledges, and
agrees:_
that the_
City does not possess the necessary manpower or equipment to provide Municipal
Solid Waste Service, Bulk Waste Service, and Recycling Service.
Contractor
shall
cooperate
fully and timely with the City
and any previous and subsequent
provider(
s) 
in any transition of Residential
Services and City Services. Contractor shall cooperate
fully with the City in:
i)
The transition
to the Contractor providing Municipal Solid Waste Service, Bulk
Waste Service, and Recycling Service upon the Commencement
Date;
ii) 
The transition from the Contractor
to subsequent person(
s) 
or the City providing
Municipal Solid Waste Service, Bulk Waste Service, and Recycling
Service upon
expiration of the initial term or optional renewal term; and,
iii)-- ---
The---
transition-
from- 
the -Contractor -to -subsequent person(
s) 
or -the -City -providing
Municipal Solid Waste Service, Bulk Waste Service, and Recycling Service upon
termination of the Agreement.
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For the transition from provider(
s) 
of Municipal Solid Waste Service, Bulk Waste Service, and
Recycling
Service prior to the Commencement
Date to the Contractor, Contractor shall collect
Municipal Solid Waste
and Recyclable
Materials from carts and containers from the provider(
s)
prior to the Commencement Date. In addition, Contractor shall immediately provide
a Transition
Notice, as defined in Section 23 of this Agreement, to the Residential
Service Units and to City
Facilities
whom
set -out Municipal Solid
Waste
and Recyclable
Materials
in carts from
the
provider(
s) 
prior to the Commencement Date as set forth in this Agreement. Transition support
shall include delivery to the City prior to Commencement Date route maps in electronic PDF and
shapefile format..
Upon Contractor'
s failure to fully and completely transition in accordance with this Agreement
or
the Transition Plan, included
in Appendix B, City may engage the immediate services of another
provider to immediately fully and completely transition in accordance with this Agreement
or the
Transition Plan and the reasonable expenses of which Contractor hereby agrees to pay to City. In
the
event City is unable
to
secure
the immediate
services
of another
solid
waste provider,
Contractor agrees and consents to all equitable and at law remedies available to City.
The successful
Proposer'
s
transition plan, upon approval by the City, shall
be included
as
an
Appendix to the fmal awarded Agreement.
SECTION 17: DAMAGE TO PROPERTY
The Contractor shall take all necessary precautions
to protect public and private property during
the performance of this Agreement. Except for reasonable
wear and tear, the Contractor
shall
repair or replace any private orpublicproperty which is damaged by the Contractor. Such property
damages shall be addressed for repair or replacement, at no charge to the property owner, within
seven ( 7) days with property of the same or equivalent value at the time of the damage. _
If the Contractor fails to address the repair or replacement of damaged property within seven (7)
days, the City may, but shall not be obligated to, repair or replace such damaged property, and the
cost of doing so shall be deducted from payment to be made to the Contractor.
SECTION 18: -SPILLAGE
AND LEAKAGE, LITTER, AND ODOR
18.
1 Spillage and Leakage
Contractor
shall
clean
up
any
materials
including
leakage
of fluids
spilled
from
Contractor'
s vehicles by the Contractor, Contractor'
s
vehicles
or Contractor'
s employees.
During transport, all materials shall be contained, covered and enclosed
so that leaking,
spilling, and blowing of materials does not occur. Contractor shall be responsible
for the
cleanup
of any spillage or leakage
caused by Contractor, Contractor'
s
vehicles
or the
Contractor'
s employees. Contractor shall perform all clean-
ups within two (2) hours of the
earliest of either the (i) 
notification of spillage
or leakage or (ii) 
knowledge of spillage or
leakage by Contractor or Contractor'
s employees. ( see Exhibit E)
Contractor is to provide
a Fluid Discharge
and Spill Response Procedure to be approved
by the City to include:
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Communication
standards
for Contractor'
s
Dispatch
Team
and City employees
including immediate
notification of discharge
or spill.
Primacy and secondary Stormwater Pollution Prevention Control Measures for spill
containment.
Discharge
and spill response close-
out report to be emailed to the City within twenty-
four
24) hours of spillage or leakage to include date and time of spillage or leakage, emergency
response actions needed, cause of spillage or leakage, detailed clean-
up procedures, and
date/
time-
stamped
photographs of before and after spillage or leakage clean-
up.
18.
2
Litter
Except as provided in Section 10.3, 
the Contractor shall be required to pick up any and all
litter including any glass spillage caused by the provision which blows
or falls from the
service vehicles of services during Residential
Service Unit collection
or service of the
Neighborhood
Recycling
Center in connection of with this Agreement.
18.
3
Odor
The Contractor shall maintain collection equipment that is owned by the Contractor
as to
prevent the odors. The Contractor shall routinely clean collection equipment.
SECTION 19: RECORDKEEPING, REPORTING, AUDITED
FINANCIAL STATEMENTS, AND REPORTING
FORMAT
19.
1
Recordkeepinq
The Contractor shall maintain at the local customer service office adequate records relating
to the;
perforMance of.
their-
respective
duties under this Agreement: Such records shall be
made available at any time during reasonable business hours for inspection by the City and
for a period of five ( 5) years after last or final payment. At a minimum, the Contractor
shall create, 'maintain, and make available records
as defined herein ' and/
or required by
applicable- law, and any reports as are reasonably necessary to: .
i) 
Document services provided by type of service,- container type, container
size,
collection frequency, fees charged, and other iiiforniation
as requested by the City.
ii) 
Document deliveries
of materials by type of material, time delivered
to facility,
tonnage of material delivered, source
of material, route, and other information
as
requested by the City.
iii) 
Document missed collections and unaccepted
set -outs on a daily basis by address,
time and date for each and the reason and notice for unaccepted set -outs.
iv) 
Document damaged carts by address, description of damage, and other information
as requested by the City.
v) 
Documentthe-
number.-
ofcarts-
that have -been -lost, -stolen, -destroyed, -or damaged
beyond repair and other information
as requested by the City.
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vi) 
Document
complaints by address, date and time of receipt of complaint, date and
time of resolution
of complaint, description
of complaint
resolution, and other
information
as requested by the City.
vii) 
Document
inactive accounts by address and other information
as requested by the
City.
viii) Document spills and property damage by date and time of incident, description of
incident, date
and
time
of resolution, description
of resolution, and
other
information
as requested by the City ( see Exhibit E of the RFP).
ix) 
Such
other
documents
and reports
as
City may reasonably
require
to verify
compliance with the Agreement
or to meet City'
s reporting requirements.
19.
2
Reporting
19.
2.
1
Initial Reports
19.
2.
1.
1
Transition
Plan
The Contractor shall submit to the City for approval
a transition plan, consistent
with the transition support requirements
as set forth in this Agreement, prior to
execution of this Agreement. In the transition plan, Contractor shall detail:
i) 
The transition
to the Contractor providing Residential
Services and City
Services upon the Commencement Date;
ii) 
The transition
from the Contractor
to subsequent person(
s) 
or the City
providing Residential Services and City Services
upon expiration of the
initial term or optional renewal term; and,
iii) 
The .transition
from the Contractor
to subsequent
person(
s) 
or the.. City
providing Residential
Services and City Services upon termination of the
Agreement.
19.
2.
1.
2 Hazardous
Waste and Special Waste Contingency
Plan
The Contractorshall submit to the City for approval a Hazardous Waste and Special
Waste contingency plan prior to July 1, 2025. This plan shall detail what actions
shall be taken by the Contractor upon discovery of Hazardous Waste and/
or Special
Waste to
a facility. 
Contractor
shall
include
in the plan
a copy of
a signed
contract(
s) 
with a permitted Hazardous
Waste and Special Waste transporter(
s) 
to
handle any Hazardous Waste and Special Waste discovered at the facility. The plan
shall comply with all
State
and Federal
regulations regarding
the handling of
Hazardous Waste and Special Waste.
19.
2.
2 Regular Report Delivery and Frequency
The Contractor shall submit all reports in an electronic format approved by the City. The
successful Offeror shallprovide the -City -with a
nthly report within seven'(
7) 
calendar
days 'following -the end of the month and an annual report within thirty ( 30) calendar days
32 of 60

following the end of the calendar year summarizing
the information
described in Section
19.
1 of the Agreement.
19.
2.
3 Report Format
Within fourteen ( 14) calendar days of the execution of this Agreement, the Contractor shall
submit to the City for its approval the format and sample
contents of the records to be
maintained
and the reports
to be generated
in fulfillment
of the requirements of the
Agreement. Contractor shall submit all reports in an electronic format approved by the
City.
SECTION 20: CITY INSPECTION
RIGHTS
20.
1 City'
s Right to Inspect Records, Books, Data and Documents
The City or any of its duly authorized representatives
shall have access, within twenty-
four
24) hours of notification, to all relevant books, records, data and documents
of the
Contractor for inspection and audit of this Agreement, at City'
s
own expense.
20.
2 City'
s Rights to Inspect Facilities
and Equipment
The City or any of its duly authorized representatives
shall have access, within twenty-
four
24) hours of notification, to inspect Contractor'
s facilities, including the Disposal Facility,
Recyclable Material Facility, and Green Waste Processing Facility ( if services added), and
equipment and perform such inspections, as City deems reasonably necessary, to determine
whether the services required to be provided by Contractor under this Agreement conform
to the terms hereof and/
or the terms of the solicitation documents, if applicable. City shall
conduct the inspection
of facilities
and equipment
during regular hours of operation.
Contractor shall make available to City all reasonable
facilities
and assistance to facilitate
the performance of inspections by City'
s representatives. -=
33 of 60

SECTION
21: CUSTOMER LIST, BILLING, PAYMENT, AND ANNUAL
ADJUSTMENTS
21.
1 Customer List
On or prior to [ March 28], 2025, City shall provide Contractor with a Customer List for
Residential Services and City Services. Contractor will report in writing to the City any
Cart(
s) 
or Bulk Waste placed at the curbside of a Residential Waste Service Unit or City
Facility that is not on the then current Customer List, and City will thereafter update the
Customer List
as applicable. At the end of each month prior to invoice the contractor will
send a list of customer changes. City will notify contractor of any discrepancies to customer
lists. Regardless of the Customer List, Contractor shall provide services to all Residential
Services Units and City Facilities in accordance with this Agreement.
21.
2
Billing
21.
2.
1
Base Residential
Services
The City
shall bill Residential
Service
Units
as
identified
on the Customer
List for
Residential Services in accordance with the rate structure established by the City.
21.
2.
2 City Event Services
The Contractor
shall at its sole expense provide City Event Services. The Contractor
shall
not bill the City, co-
sponsors, or any other person for City Event Services. The Contractor
shall
provide Electronics
Recycling
Services
to City Events, which
will
include
a
Certificate
of Data Destniction for allapplicable
electronics. Other materials which the
Contractor
shall provide
at no cost to the City is Christmas
Tree Recycling, Metals and
Appliances ( including appliances with Freon removed), and Tires..
The
Contractor
will
decide the number of roll -off containers to be utilized at the City Events. -
21.
3
Payment to Contractor
On or prior to 20th of each calendar month, the City shall pay Contractor for Residential
Services -billed by -the City for an amount equal to the accounts receivable from Residential
Services
billed less
i) 
any disputed amounts,
ii) 
administrative
charges,
iii) 
authorized withholding of payments,
iv) 
The Contractor shall bill the City on or before the 20th day of each month for all
Residential Service Units, City Facility Services, Neighborhood Recycling Services
if added), and City Event Services performed during the prior calendar month. The
Contractor shall ensure that each bill
a) describes services provided to the City.
b) provides
a summary sheet for residential service units.
c) includes all charges for the prior month.
d) includes any other information the City requests.
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The Contractor
shall bill the City in accordance with the Rate Structure established in
Appendix B and may subsequently be adjusted
as set forth in this agreement.
21.
4 Annual Rate Adjustment Subject to Council Approval
All costs proposed in Appendix B shall remain fixed from the execution of this Agreement
through June 30, 2025, except
as provided for in Section 21.
6 of this Agreement. On July
1, 2025, and every July 1st thereafter for the life of this Agreement, all rates as established
in Appendix B may be adjusted, increased
or decreased, according
to this section upon
approval of City Council.,
Rate adjustment requests must be received by the City on or before March
1 of each year
or the Contractor forfeits the right to adjust the rate for that upcoming year. Upon approval
of City Council, the annual rate adjustment shall be a composite
as follows:
i) 
a. 
Annual Adjustment to Rates. Commencing
on the date which is one ( 1) year after
the Commencement Date, and on the same
date annually thereafter ( the " Adjustment
Date"), the Rates shall be adjusted by a percentage
amount derived by multiplying the
then -current Rates by one hundred percent ( 100%) 
of the percentage
increase of the
Consumer Price Index, series CUUR0000SEHG
CPI -U Water and Sewer and Trash
Collection Services, US City Average, not seasonally adjusted, as published by the
United
States Department
of Labor, Bureau of Labor
Statistics ("
CPI -U"). The
CPI -U
adjustment will be calculated using the change
in the
12 -month annual
average
of
monthly CPI -U index values between
the December 31
to December 31 period of the
year immediately prior to the adjustment date, and the December 31 to December
31
periocL.
of-.
the
year before: Provided
that adequate supporting
information
has been
submitted by Company, the annual adjustment
to Rates shall be deemed approved and
shall take effect
as outlined in this section. CPI not to exceed 5% 
or below 2% 
on -an
annual basis.
If the Contractor does not request a rate increase by March
1 of a year, the City reserves
the right to = evaluate
Residential
rates in accordance with the rate adjustment
criteria
as
defined in this section. -If evaluation of Residential rates would result in a decrease in rates,
the City may request approval of a rate decrease by City Council, to take effect July 1 
f
each year.
21.
5 Other Rate Adjustments
Subject to Council Approval
In addition to the above, the Contractor may petition the City for additional rate adjustments
at reasonable times based on increases in cost of operations, caused by factors listed in (i)
through (iv) below. The Contractor'
s petition will specifically identify the reasons for the
requested adjustment, and its impact upon the Contractor'
s cost of operations, in unit terms,
with an explanation of the methodology
used to calculate such impact due to any one or
more -of -the following
causes: -- -- --- —
i. An act of God, public
enemy
or similar
cause beyond the reasonable
control of the
contractor. ii. Change in Applicable
Law that is effective after the Effective
Date of this
Agreement.
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iii. 
Increases in surcharges, fees, assessments, or taxes levied by federal, state, or local
regulatory
authorities
or
other
governmental
entities
related
to
Contractor'
s
services.
iv. 
Any other extraordinary
circumstances
or causes or reasons that are not within the
reasonable control of the Contractor.
The city may request additional information it considers necessary
to evaluate the
requested adjustment. The City may grant such adjustments through amendments
to the Agreement..
SECTION 22: COMPLIANCE
WITH LAWS AND REGULATIONS
The Contractor understands, acknowledges, and agrees the applicability
of the American
with
Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace
Act of 1989.
Pursuant
to the provisions
of A.
R.
S. §
41-
4401, the Contractor warrants to the City that the
Contractor and all its subcontractors
are in compliance
with all Federal Immigration
laws and
regulations that relate to their employees and with the E -Verify Program under A.
R.
S. '§
23-
214(
A).
A breach of this warranty by the Contractor or any of its subcontractors will be deemed
a material
breach of this Contract and may subject the Contractor
or subcontractor
to penalties up to and
including termination of this Contract or any subcontract.
The_
City retains the legal right to inspect the papers of any employee of the Contractor
or any
subcontractor -who works on this Contract to ensure that the Contractor
or any :
subcontractor is
complying with the warranty given above. 
The City may conduct random -verification of the employment records of the Contractor and ahy
of its subcontractors
to ensure compliance with this warranty.
The City will not_
consider the =Contractor . or any of its subcontractors
in material breach of this
Contract if the Contractor
and its subcontractors
establish
that they have complied with, the
loyment verification -'provisions
prescribed by
8 USCA § 1324(
a) 
and -(b) 'of the Federal
Immigration and Nationality Act and the E -Verify requirements prescribed by A.
R.
S. §
23-
214(
A).
The " E -Verify Program" means the employment verification pilot program asjointly administered
by the United States Department of Homeland Security and the Social Security Administration or
any of its successor
programs.
The provisions of this Article shall be included in any contract the Contractor enters into with any
and all of its subcontractors
who provide
services
under this
Contract
or
any subcontract.
Services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor
of subcontractor. 
Services
include construction
or maintenance
of any' structure, building
or
transportation facility or improvement
to real property. In addition, Contractor
shall comply with
the following laws:.- -----------__
i) Occupational Safety and Administration
36 of 60

Contractor will warrant that any work performed
on City property
or in
a location
partially or entirely under ( Contractor'
s) 
control will be performed in accordance with
OSHA requirements
and all applicable labor laws, regulations, and standards.
ii) 
Equal Employment Opportunity
Contractor will comply
with applicable laws, statutes, codes, rules and regulations
related to or prohibiting discrimination in employment in the performance of its work
under this Agreement.
iii) 
Fair Labor Standards Act
Contractor
is required and hereby
agrees by execution of this Agreement to pay all
employees not less than the Federal minimum wage and to abide by other requirements
as established by the Congress of the United States in the Fair Labor Standards Act, as
amended from time to time.
SECTION 23: PUBLIC EDUCATION
NOTICES
Contractor shall provide the following services associated with public education notices at no cost
to the City or the customer. Contractor shall submit all public education notices to the City for
approval. Contractor will at no time place public education
notices inside customers' mailboxes.
Contractor
shall
not distribute
any public education
notices within the City without written
approval from the City, and all public education materials
are required to be City approved.
i)
Distribution of Transition Notice
Contractor
shall
develop, print, and distribute, at Contractor'
s= 
own
expense, a
Transition Notice for Residential Service Unit and City Facility to inform customers of
change in -=
service provider, if applicable, prior to the Commencement
Date which are:.
set -out after the Commencement Date.
ii) 
Distribution of Program Introduction Notice
Contractor_
shall develop, print, and distribute, at Contractor'
s_
own expense, a Program
IntroductionNotice for each Residential Service Unit prior to the Commencement
Date
describing all Residential
services
to that will be provided, including new services and
changes to services. Program Introduction notice shall include, at a minimum:
Types of Residential Services that will be provided
Service frequency or procedure for request for each service
Set -out requirements ( types of materials accepted, configuration, and limits)
iii) 
Development, Printing and Distribution ofUnaccepted Set -out Notice
Contractor
shall develop, print, and distribute, at Contractor'
s own expense, an
Unaccepted
Set -out Notice. The Unaccepted
Set -out Notice shall be approved by the
City an
s a " nic u e orie "(1) original "withfwo(
2) 
catbon _ copies. The _ -
Unaccepted
Set -out shall include ( a) the date ( b) reason
for non -collection, and ( c) Contractor'
s
customer service telephone number, and ( d) any other information the City requests.
37 of 60

Contractor
shall attach the original Unaccepted
Set -out Notice via
a non -adhesive
means to the Cart, or Container. Contractor shall take a digital photo of set -out that
receives
an Unaccepted
Set -out. 
Contractor
shall
maintain
carbon
copies
of
Unaccepted
Set -out Notices and digital photos in a format Contractor can immediately
retrieve
a requested notice or photo by address. Contractor shall provide
a monthly
report of Unaccepted
Set -out Notices
as set forth in this Agreement.
iv) 
Development, Printing and Distribution of Additional Public Education Notices
At the request
of the City, the Contractor
shall develop, print, and distribute, at
Contractor'
s
own expense, other Public Education Notices to Residential
Service Units
for purposes and needs identified by the City.
v) 
Development and Distribution of Public Education Video
At the request of the City, the Contractor shall develop one ( 1) City of Eloy-
specific
video
that promotes
recycling and diversion
and provides information
about
the
services provided to the City. The successful Respondent shall update
the video
annually to reflect any focus areas for public education or any changes to service levels.
The
successful
Respondent shall
also
make
available
to the City
other relevant
recycling, diversion
and solid waste videos developed by the successful
Respondent
for use by the City.
The Contractor shall be required to provide to the City at no cost any existing public educational
materials previously developed and utilized for Residential services, including, but not limited t
flyers; mailers, informational
or -instructional
videos, etc. The City shall be, permitted to :utilize
such-
materials_
for-
public .
education purposes within the City at the City'
s discretion.
SECTION 24: OWNERSHIP OF SOLID WASTE, BULK WASTE,
GREEN -WASTE; AND PROGRAM RECYCLABLE
MATERIALS
Title__
to-
So1id_ 
Waste, -Bulk Waste, _Green Waste. (if services added),_
and Program Recyclable
Materials shall pass :to the Contractor
once the Contractor takes possession of the materials.
SECTION 25: INDEMNIFICATION
To the maximum
extent permitted by law, Contractor hereby agrees and consents for itself,
individually and on behalf of the business entity, to fully and unconditionally release, indemnify,
defend, and hold harmless the City of Eloy, Arizona, including its officers, agents, and employees,
and to defend and hold it harmless from and against
any and all costs, expenses, attorney fees,
claim suits, demands, losses, or liability for injuries to real or personal property and injuries
to
persons _including death, including
Contractor'
s employees, affiliates, representatives,
partners,
agents, or those working on proposer'
s behalf, from any and all other costs, expenses, attorney
fees, claims, suits, damages, losses or liabilities of any and every nature whatsoever arising in any
manner, directly or indirectly, out of or in connection with any contract awarded pursuant to this
38 of 60

RFP and in the performance
thereof, regardless
of cause or of the sole, joint, comparative
or
concurrent negligence
or gross negligence, save and except the sole and exclusive negligence of
the City. This provision
shall apply to all imputed or actual joint enterprise and joint venture
liability, if any.
SECTION 26: INSURANCE
REQUIREMENTS
The following insurance requirement applies.
26.
1 General Requirements
i)
The
Contractor
shall
at
a minimum
carry insurance
in the types and
amounts
indicated
herein for the duration
of the Agreement
term and
during
any optional
renewal
terms, as
set forth in Section 5.
2 of the
Agreement.
ii) 
The Contractor shall provide to the City
a certificate of insurance
with
respect
to
each required insurance policy
as verification of coverages
required
below
prior
to
contract
execution
and within
fourteen ( 14)
calendar days after any future written request from the City. In addition,
the
Contractor
shall promptly
obtain
and provide
to
the
City
new
certificates
of insurance ( i) 
annually, ( ii) within ten ( 10) days after the
renewal
date
for any policy, and ( iii) within
ten ( 10) days
after
any
replacement
or supplemental policy is obtained.
iii) 
A11
certificates
of insurance
must
be originals, -duly . endorsed
by
an
authorized . representative
of the carrier, and be in _such form as .the City
shall reasonably require.
iv) 
The Contractor shall not commence
work until the required insurance is
obtained and has been reviewed by City. Approval of insurance by the City
shallnotrelieve
or decrease the liability of the Contractor hereunder
and
shall_ not be construed
to be
a limitation
of liability
on the part of the
Contractor.
v) 
The Contractor must submit certificates of insurance to the City for each
subcontractor prior to the subcontractor commencing work on the project.
vi) 
The
Contractor'
s
and
all
subcontractors' 
insurance
coverage
shall
be
written by companies licensed to do business in the State of Arizona at the
time the policies
are issued and shall be written by companies with A.
M.
Best Financial Strength Rating of B+ 
or better, and A.
M. 
Best Financial
Size Category of VII or better. The
City
will
accept
workers' compensation
coverage
written
by the
Arizona'
s
Workers' Compensation Insurance Fund and other carriers approved by the City.
vii) All endorsements
naming
the City
as additional insured, waivers, and
notices of cancellation endorsements
as well as the Certificate of Insurance
shall be mailed to the following address:
39 of 60

City of Eloy
595 North ' C' Street
Eloy, AZ
85131
viii) The " other" insurance clause shall not apply to the City where the City is
an additional
insured
shown
on any policy. It is intended
that policies
required in the Agreement, covering both the City and the Contractor, shall
be considered primary coverage as applicable.
ix) 
If insurance policies
are not written for amounts specified in Section 0400,
Supplemental
Purchase Provisions, the Contractor shall carry Umbrella or
Excess Liability
Insurance for any differences in amounts specified. If
Excess Liability Insurance
is provided, it shall follow
the form of the
primary coverage.
x) 
The City reserves the right to review the insurance requirements set forth
during
the effective period
of the Agreement and
to make reasonable
adjustments
to insurance
coverage, limits, and exclusions
when deemed
necessary and prudent by the City based upon changes in statutory law,
court decisions, the claims history of the industry
or financial condition of
the insurance company as well as the Contractor. The City shall reimburse
Contractor for any additional
cost incurred due to material changes in the
City'
s insurance requirements
from those set forth in this Agreement.
The Contractor shall not cause any insurance to be canceled nor permit any
insurance -to .lapse during the term of the Agreement and any optional
renewal terms, as set forth in Section 5.2 of the Agreement, or as required
in the Agreement.
xii) The
Contractor
shall
be responsible
for premiums, deductibles
and
selfmsured retentions, if any, stated in policies.
xiii) The Contractor shall endeavor to provide the City thirty (30) calendar days
written notice of erosion of the aggregate limits below occurrence limits
for all applicable coverages indicated within the Agreement.
26.
2 Specific Coverage Requirements
The Contractor shall at
a minimum
carry insurance in the types and amounts
indicated
below for the duration
of the Agreement, including
extension
options
and hold over
periods. These insurance
coverages
are required minimums and are not intended to limit
the responsibility or liability of the Contractor.
i)
Commercial
General Liability Insurance. The minimum bodily injury and property
damage --per occurrence_
are $
2,
0QQ0O0.
for_
coverages-
A,(
Bodily_
Inju
y_
and Property
Damage) -and B -(Personal and Advertising Injuries). The policy shall contain the
following provisions and endorsements.
40 of 60

ii) 
Blanket
contractual liability coverage
for liability assumed under the Agreement
and all other Contracts related to the project.
iii) Independent Contractor'
s Coverage.
iv) 
Products/
Completed Operations Liability for the duration of the warranty period.
v) 
Thirty ( 30) calendar days' Notice of Cancellation
vi) 
The City will be an additional insured on a blanket basis
26.
3 Business Automobile Liability Insurance
The Contractor shall provide coverage for all owned, non -owned and hired vehicles with a
minimum
combined
single limit of $2,
000,
000
per
occurrence
for bodily injury and
property
damage. Alternate
acceptable
limits
are $ 500,
000 bodily injury
per
person,
2,
000,
000 bodily injury per occurrence
and at least $ 250,
000 property damage liability
per
accident. The policy
shall
contain
the following
endorsements: (
i) 
Waiver
of
Subrogation
ii) 
Thirty ( 30) calendar days' Notice of Cancellation
iii) 
The City of Eloy listed as an additional insured
26.
4 Workers Compensation
and Employers' Liability Insurance
Coverage shall be consistent with statutory
benefits outlined
in the Arizona'
s
Worker'
s
Compensation Act (Section 401). The minimum policy limits for Employer'
s Liability are
100,
000 -bodily injury each accident, $500,
000 bodilyinjury by disease policy limit and
100;
000 bodily.=
injury by -disease each employee. The policy shall contain the following.
provisions
and endorsements:
i)
The Contractor'
s
policy shall apply to the State of Arizona. ( ii)
Waiver of Subrogation
iii) 
Thirty ( 30) calendar days' Notice of Cancellation
26.
5 Environmental Impairment Liability Insurance
With
a minimum limit of $2,
000,
000
per claim to pay on behalf of the insured all sums
which the insured shall become legally obligated to pay as damages by reason of sudden
and accidental
or non -sudden and accidental pollution arising
out of the transportation,
storage, or perm anent disposal of hazardous and non -hazardous wastes.
With respect to sudden and accidental occurrences, the Contractor and/
or subcontractors
who own
or operate
a treatment, storage and disposal facility must demonstrate financial
responsibility for bodily injury and property damage to third parties of at least $ 2,
000,
000
per occurrence.
With
respect - to
non -sudden
and
accidental
occurrences, 
all - Contractor
and/
or
subcontractors
who
own
or operate
a surface impoundment, landfill
or land treatment
facility that is used to manage hazardous wastes must demonstrate financial responsibility
41 of 60

for bodily injury and property damage to third parties of at least $2,
000,
000 per occurrence.
The amounts of coverage must be exclusive of legal defense costs.
26.
6 Endorsements
The specific insurance coverage endorsements specified above, or their equivalents
must
be provided. In the event
that endorsements, which
are
the equivalent
of the required
coverage, are proposed to be substituted for the required coverage, copies of the equivalent
endorsements
must be provided for the City'
s review
and approval which
will not be
unreasonably withheld.
i)
Certificate. The following statement must be shown on the Certificate of Insurance.
The City of Eloy is an Additional Insured on the general liability and the
auto liability policies. A Waiver of Subrogation is issued in favor ofthe City
of Eloy for general
liability, auto liability
and
workers
compensation
policies.
SECTION 27: ADMINISTRATIVE CHARGES
Contractor understands
that if Contractor does not timely perform its obligations pursuant to the
terms of this Agreement, City will suffer damages which are difficult to determine and adequately
specify. The Contractor agrees, in addition to any other remedies
available
to the City, that the
City may withhold payment from the Contractor in the amounts specified below as administrative
charges for failure of the Contractor to fulfill its obligations.
The following acts or omissions shall be considered
a breach of the. Contract: _ ( i)
Missed Collection _-
50 for each missed collection
above two ( 2) misses per collection day, to be assessed at
the end of each collection month. A missed collection occurs when a collection
was not
performed on the scheduled collection day for reasons
other than (a) the container not being
set out at the time of attempted collection, (b) the container being obstructed such that
Contractor' -
s vehiclecouldnot safely perform the collection, or ( c) the -customer placing
unpermitted items in the container.
ii) 
Missed Residential Service Unit Block
500 for each
incident
of the Contractor failing
to pick up material
on entire block
containing
Residential
Service Units. A missed block is defined
as
one side of a street
between cross streets or an entire cul de sac. There shall be no administrative
charge where
a non -collection
was
due to ( a) a container not being
set
out
at the time of attempted
collection, (b) 
a container being obstructed such that Contractor'
s vehicle could not safely
perform the collection, or ( c) a customer placing unpermitted items in the container.
iii) 
Failure
to
Provide
Residential
Services
or City
Services
During
Regular
Hours
of
Operation -( see Section - 13:
1): — — --
250 for each Contractor vehicle providing Residential
Services or City Services operating
on City streets after 6:
00 PM and ending before 8:
00 PM.
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500 for each for each Contractor vehicle providing Residential Services
or City Services
on City streets in the City after 8:
00 PM.
iv) 
Failure to perform proper billing procedures
and/
or receive
customer
approval prior to
performing and billing for additional Bulk Waste Services, and failing to cure within 5 days
after being notified:
250 each incident
v) 
Failure
to Complete
a Majority ( 50%) 
of the collections on a given day $ 2,
500 each
incident
vi) 
Failure to clean up material spilled
or littered by Contractor within two (2) hours of verbal
or written notification
250 each incident
vii) Failure to maintain vehicle in manner
which prevents nuisances
such
as leaky seals
or
hydraulics
100 per vehicle per day
viii) Failure to address, as required by this Agreement, Damage to Property within forty-
eight
48) hours
250 each incident
ix) 
Omitted
x) 
Failure _to -maintain - Cart or Container in proper working order ten ( 10) calendar days after
notice has been provided by the City
100 each incident :. .
xi) _ -
Failure to provide
a timely or complete monthly
or annual report $
250 each incident
xii) Placing Recyclable Material in Solid Waste containers or vehicles $ 1,
000
xiii) Failure to provide updated route maps to City after change in routing
50per day each day beyond thirty (30) calendar days after change inrouting
xiv) Failure
to leave
a City approved
education
tag when material
that is inappropriately
prepared is not collected
100 each incident
xv) 
Distributing
Carts without labels that include text and graphics depicting what materials
may be placed in the containers
100 each incident
xvi) Failure to respond
to any customer complaint
received by the close of the following
business day
100 -per business - lay -thereafter- per incident
xvii) - Failure to complete Residential Bulk Waste Services by the end of the zoned service date
43 of 60

250 for each Contractor vehicle providing Residential Services operating on City streets
after 6:
00 PM and ending before 8:
00 PM.
xviii) The
Contractor
shall
be
given
a thirty ( 30) calendar
day
grace period
form
the
commencement
date during which missed collections will be noted but no administrative
charges will be assessed for one ( 1) to five (5) Residential Service Units missed on any one
1) route. Any misses of over five ( 5) Residential
Service Units on any one ( 1) route will
not be covered by the grace period.
xix) The placement
of any and all education materials
on Residential Waste Service Unit carts
that
are not City approved
100 each incident
The City must make
a claim for administrative charges within 30 days of the underlying
event.
The Contractor shall be liable for administrative charges amount(
s) 
upon determination by the City
that performance
has not occurred consistent with the provisions of the Agreement. The
City shall notify the Contractor in writing
or electronically
of each
act or omission
in this
Agreement reported to or discovered by the City. It shall be the duty of the Contractor
to take
whatever steps, or action may be necessary to remedy the cause of the complaint.
The City may deduct the full amount of any damages from any payment due to the Contractor.
The remedy available
to the City under this paragraph
shall be in addition to all other remedies
which the City may have under law or at equity.
Exceptions: For the purposes
of this Contract, the Contractor shall not be deemed to be liable for
penalties
where its inability
to perform
collection
service is the result of conditions
of Force
Majeure
as set forth in this Agreement, inclement weather severe enough that trucks cannot safely _
take collections, provided -however, that the Contractor shall obtain the approval for the delay from
the City prior to 3:
00 PM; CDT of the scheduled collection day.
SECTION 28: LIQUIDATED DAMAGES
Should the Contractor be unable, refuse or fail to:
i) 
Collect and dispose of at least 95% 
of the Municipal Solid Waste from Residential
Service Units.
ii) 
Collect and dispose of at least 95% 
of the Municipal Solid Waste from Commercial
Service Units.
iii) 
Collect
and dispose
of at least 95% 
of the Municipal
Solid Waste
from City
Facilities.
iv) 
Collect and dispose of at least 95% 
of the Bulk Waste from Residential
Service
Units.
v) 
Collect and dispose of at least 95% 
of the Bulk Waste from City Facilities;
vi) 
Collect and process of at least 95% 
of the Program Recyclable
materials
from
Residential Service Units; and/
or
44 of 60

vii) 
Collect and process of at least 95% 
of the Program Recyclable Materials
from City
Facilities
As contracted for, for any reason or no reason with or without fault of Contractor, including but
not limited
to strikes, work stoppages, sickouts, and excluding
force majeure, for three ( 3)
consecutive calendar days, Contractor agrees to pay to the City as liquidated damages the sum of
50,
000
as
a one-
time
cost and $ 15,
000 per calendar day from the inception of such failure to
perform for as long
as such failure to perform continues regardless
of the volume of Municipal
Solid Waste, Bulk Waste, and/
or Program Recyclable material that remains uncollected, hauled
away and properly disposed of. This provision of liquidated damages shall not prevent or limit the
City'
s right to seek out other legal or equitable relief. Force majeure shall mean weather related
events, civil disturbances, and similar
events that clearly endanger
the health
and safety of
collection personnel. This provision
and liquidated damages is mutually agreed upon due to the
difficulty in determining
the City'
s actual damages to fmd, secure and fund immediate assistance
to prevent public health and safety hazards.
SECTION 29: PAYMENT WITHHELD
In addition to express provisions
elsewhere contained in this Agreement, City may withhold from
any payment otherwise
due the Contractor such amount
as determined necessary
to protect the
City', 
s interests
on account of:
i)
Unsatisfactory progress of the work not caused by condition beyond Contractor'
s
control.
ii) 
Defective work not corrected.
iii) Contractor'
s - 
failure : to
carry
out
instructions
or
orders - of the
City- or
its
representative;
iii) A reasonable
doubt -that the Agreement
can be completed for the balance
then
unpaid.
iv) 
Execution of work not in accordance with the Agreement.
v) - Claim filed by or against Contractor - or reasonable evidence indicating problem
filing of claims.
vi) 
Failure of Contractor to make payments to any subcontractor
for material or labor.
vii) Damage to another contractor.
viii) Unsafe working conditions allowed to persist by Contractor.
ix) 
Failure of Contractor to provide required reports and other reports
as required by
City;
x) 
Use of any subcontractors
without the City'
s prior written approval.
xi) 
Failure of Contractor to provide accurate invoices and supporting data as describe
elsewhere
in this agreement.
45 of 60

When the above grounds
are removed, payment shall be made for amounts withheld because of
them and the City shall never be liable for interest
on any delayed or late payment. The City'
s
right to withhold payments under this section will be reasonable in light of the nature of the
claim, amount of available insurance and performance bond pursuant to this Agreement.
SECTION
30: PERFORMANCE
BOND
Contractor shall furnish the City with a Performance Bond ( the " Bond") covering faithful
performance of this Agreement. The Bond shall be submitted within 45 days following the
Effective Date, but in no event later than the Commencement Date. The Bond shall be in an
amount not less than three combined months of service revenue anticipated to be received under
this Agreement and in a form approved by the City Attorney. The term of the Bond shall be not
less than one year beginning
on the Commencement Date. The Contractor shall furnish the City
with a renewal of the Bond for an additional term of not less than one year from the expiration
date of the Bond then in effect for each year this Agreement
is in effect. The renewal of the Bond
shall be submitted at least 30 days prior to the expiration date of the Bond then in effect.
Notwithstanding the foregoing, the then -current Surety shall not be obligated to renew the Bond
for any successive year. Non -renewal shall, however, be construed
as a default by the Contractor
under this Agreement and the default created by the failure to deliver
a renewal Bond shall be
actionable under the then -current Bond so provided unless the renewal Bond is delivered no later
than 15 days prior to the expiration date of the Bond then in effect.
The Bond ( and any renewal Bond) shall be limited to one and only one surety and shall be issued
by a Surety Contractor authorized to do business in the State of Arizona and having an A.
M.- 
Best
rating of ==
A" 
or better and the " T' Underwriting limitation. shall not be exceeded by the Bond.
SECTION 31: ASSIGNMENT
AND/
OR SUBCONTRACTING
This Agreement and any permits required for performance of the Agreement may not be assigned,
subcontracted; conveyed, or -otherwise disposed of without the written permission of -the City,
which will not beunreasonably withheld. No such assignment
or subcontracting shall relieve
Contractor
of its liability
under
this Agreement. In the
event Contractor
elects
to
use
any
subcontractors, this does not relieve Contractor from any prime responsibility of full and complete
satisfactory and acceptable performance under any awarded Agreement. However, the Agreement
may be assigned for the purpose of fmancing after notification of the terms of such assignment to
the City'
s City Manager
or his designee.
SECTION 32: TAXES
Contractor shall be responsible for and shall pay all sales, consumer, use, and other taxes. When
equipment, materials or supplies generally taxable
to
the Contractor
are eligible
for
a
tax
exemption
due to the nature of the item and services performed
as part of this Agreement,
46 of 60

Contractor shall assist City in applying for and obtaining such tax credits and exemptions
which
shall be paid or credited to City.
SECTION 33: FORCE MAJEURE
Except for any payment obligation by either party, if the City or Contractor is unable to perform,
or is delayed in its performance
of any of its obligations under this Agreement by reason of any
event of force inajeure, such inability
or delay shall
be
excused
at any time during which
compliance
therewith
is prevented by such event and during such period thereafter
as may be
reasonably
necessary
for the City or Contractor to correct the adverse effect of such event of force
maj eure.
An event of "Force Majeure" shall mean the following
events or circumstances to the extent that
they delay the City
or Contractor
from performing
any of its obligations ( other than payment
obligations) under this Agreement:
i) 
Acts of God, tornadoes, hurricanes, floods, sinkholes, fires, and explosions ( except those
caused by negligence of Contractor, its agents, and assigns), landslides, earthquakes,
epidemics, quarantine, pestilence, and extremely
abnormal
and excessively
inclement
weather; and
ii) 
Acts
of public
enemy, acts
of war, terrorism, effects of nuclear radiation, blockades,
insurrection, riots, civil disturbances, or national
or international calamities.
iii) Suspension, termination
or interruption of utilities
necessary
to the operation
of the
Recyclable Material Facility or other facilities used by Contractor
for this Agreement.
In order to be entitled to the benefit of this section, a party claiming
an event of Force Majeure
shall be required to give prompt written notice to the other party specifying in detail the event of
Force Majeure
and shall further
be required to use its best efforts to
cure
the event of Force
Majeure. The parties agree that, as to this section, time is of the essence.
SECTION 34: TERMINATION
City may terminate
this Agreement without liability to Contractor ( except as to amounts
owed
under the =Agreement) and pursue all of its legal and equitable remedies for -the following events
of default of Contractor, provided Contractor
has not cured said default within the time set forth
below:
i) 
Suffering
an Event of Bankruptcy or Insolvency.
ii) 
Suffering the appointment of receiver of all or any substantial part of its property, and the
failure of such receiver to be discharged within sixty (60) thereafter. ( iii) Being
adjudicated
as a bankrupt.
iv) 
Filing of
a petition
or
an answer seeking bankruptcy, receivership, reorganization, or
admitting
the material allegations of
a petition filed against it in any bankruptcy or
reorganization proceeding.
v) 
Committing
an act of default that is not cured within 30 days after Contractor receives
written notice of default from City.
47 of 60

vi) 
Failing to timely and fully pay any or all impositions, that is not cured within 30 days after
Contractor receives written notice of default from City
vii) As otherwise permitted by this Agreement, that is not cured within 30 days after Contractor
receives written notice of default from City
If an item of Contractor non-
performance
may not reasonably be cured within a cure period set
forth above, then Contractor will be given a reasonable amount of additional time to cure said
default, provided Contractor proceeds to cure with diligence.
This Agreement shall terminate upon any one of the following:
i) 
The written agreement of the Parties.
ii) 
The expiring terms of this Agreement.
SECTION 35: ACTS OF DEFAULT OR DEFAULT
Failure
of Contractor to fully, completely
and timely comply with each material obligation by
Contractor agreed
to herein shall be an act of default. 
Substantial
compliance
short of full
compliance shall be an act of default unless waived in writing by City. Contractor specifically
understands, acknowledges, and agrees that
non -material breach(
s) 
of this Agreement
shall
constitute
a material default when the breaches, even if different breaches, are frequent or regular
or repetitive. Contractor specifically
understands, acknowledges, and agrees
that non -material
breaches shall include, but not be limited to, the acts and omissions subject to administrative
charges in accordance
with this Agreement. City may terminate this Agreement
and pursue all
legal and equitable remedies upon a material default of this Agreement that is not cured as provided
herein.
SECTION 36: DISPUTE
RESOLUTION
36.
1
Definition of Claim
As-
used herein-'!
claiin" .
means a written demand
or assertion by one of the parties seeking, . 
as a legal right, -the payment of money, adjustment or interpretation ofthe Agreement terms,
or other relief, arising under or relating to this Agreement. A voucher, invoice, or request
for payment that is not in dispute when submitted is not a claim under this clause. However,
where the submission is subsequently not acted upon in a reasonable time, or disputed
either as to liability or amount, it may be converted to a claim for the purpose of this clause.
A claim by the Contractor shall be made in writing and submitted to the City.
When
a controversy
cannot be resolved by mutual agreement, the Contractor shall submit
a written request for final decision to the City. The written request shall set forth all the
facts surrounding the controversy.
36.
2 Process for Dispute Resolution
In connection with any claim under this Agreement, the Contractor
and the City agree that
the Contractor and the City shall, as a condition precedent
to the institution of any action
48 of 60

regarding claims arising under this Agreement, first submit any claim to the
ity. The City
shall render a written decision
on all claims within thirty ( 30) business days of receipt of
the Contractor'
s written claim, unless the City determines that a longer period is necessary
to resolve the claim. The decision shall. be furnished
to the Contractor by certified mail,
return receipt requested, or by any other method that provides evidence of receipt. If a
decision is not issued within thirty (30) calendar days, the City shall notify the Contractor
of the time within which
a decision
shall be rendered and the reasons for such time
extension.
Upon the written decision of the City, the Contractor and the City agree that the Contractor
and the City shall, as a condition precedent to the institution of any action regarding claims
arising under this Agreement, first submit any claims to the City Council. The City Council
shall render a written decision
on all claims within thirty ( 30) business days of receipt of
the Contractor'
s written appeal, unless the City Council determines that a longer period is
necessary to resolve
the claim. The decision shall be furnished
to the Contractor by
certified mail, return receipt requested, or by any other method that provides evidence of
receipt. If a decision is not issued within thirty ( 30) calendar days, the City Council shall
notify the Contractor of the time within which
a decision shall be rendered and the reasons
for such time extension.
Upon the written decision of the City Council, the Contractor and the City agree that the
Contractor
and the City shall, as
a condition precedent
to the institution of any action
regarding claims arising under this Agreement, first submit any claims to mediation before
a professional
mediator selected by the Contractor and the City, at a mutually agreed time
and place, and with the mediator'
s fees split equally between the Contractor and the City.
If -mediation is -unsuccessful within forty-
five (45) calendar days -of the date of the initial
mediation, the Contractor and the City agree that if the Contractor and/
or the City elect to
institute
any action regarding
claims arising under this Agreement
such claims shall be
submitted
to the exclusive jurisdiction of the state
or federal
courts
in Pinal County,
Arizona.
36.
3 Operations
during Dispute
In the-
eventthat
dispute arises between City and Contractor relating to. this Agreement.
performance
or compensation
hereunder, Contractor
shall continue to render service and
receive compensation
in full compliance
with all terms and conditions of this Agreement
as interpreted, in good faith, by the City, regardless of such dispute.
The Contractor
expressly
recognizes
the paramount
right and duty of City to provide
adequate services
to its residents
and further agrees, in consideration of the execution of
this Agreement, that in the event of such a dispute, if any, it will not seek injunctive relief
in any court without first negotiating with City in good faith for an adjustment on the matter
or matters in dispute and, upon failure of said negotiations
to resolve
the dispute shall
present the matter to mediation in the courts ofArizona. If mediation fails, Contractor shall
present the matter to a court in Arizona.
49 of 60

In the event City terminates this Agreement
pursuant
to Section 34, it may
call the
performance bond and apply the cash and surety bond for the cost of service in excess of
that charged to City by the firm engaged for the balance of the Agreement period.
50 of 60

SECTION 37: DESIGNATED
REPRESENTATIVE
Any notices or communication required or permitted to be made to either the City or the Contractor
under this Agreement shall be made to the Designated Representative in writing:
If to the Contractor: 
WM
Director — Revenue Management
222
S. Mi11
Avenue,
Suite 301 Tempe, AZ 85281
If to the City:
City of Eloy
595 North ' C' Street
Eloy, AZ 85131
Notice shall be deemed to be given: (a) ifpersonally delivered, when delivered; ( b) if mailed, five
5) business days after receipted delivery to the U.
S. 
Mail; (c) if delivered to Federal Express, or
any other nationally recognized
overnight carrier, one ( 1) business
day after delivery to such
overnight carrier. Each party, by similar written notice given five ( 5) business days in advance to
the other Parties in the aforesaid manner, may change the address to which notice may be sent.
SECTION 38: MISCELLANEOUS
38.
1 Succession
of Agreement
This Agreement and the rights and obligation contained herein shall inure to the benefit of
and be binding.
upon:
the parties hereto and their respective successors and assigns.
38.
2 Survival
Any rights either party may have in the event it terminates this Agreement pursuant to the
terms hereof shall survive such termination.
38.
3
Joint Preparation
The preparation of this Agreement has been
a joint effort of the parties, and the resulting
document
shall not, solely
as a matter ofjudicial construction, be construed more severely
against one of the parties than the other.
38.
4
No Penalties
No provision of this Agreement
is to be interpreted
as
a penalty upon
any party to this
Agreement. The parties hereby agree that the rights of the City in the event Contractor
takes or fails to take certain actions pursuant to this Agreement, are reasonable, and that
the parties desire such certainty with regard to such matters.
51 of 60

38.
5
Relationship
Nothing
contained in this Agreement
shall
constitute
or be construed to be
or create
a
partnership, joint venture
or any other relationship
between Contractor and City.
38.
6 Further Assurance
Contractor
and City agree to execute, acknowledge
and deliver
and
cause
to be done,
executed, acknowledged
and delivered all such further documents
and perform such acts
as shall reasonably be requested of it in order to carry out this Agreement and give effect
hereto. Accordingly, without in any manner limiting the specific rights and obligations set
forth in this Agreement, the parties declare their intention to cooperate with each other in
effecting the terns of this Agreement.
38/ Time of the Essence
For purposes herein, the parties agree that time shall be of the essence
of this Agreement
and the representations
and warranties
made
are all material and of the
essence
of this
Agreement.
38.
8 Captions and Section Headings
Captions and sections headings
contained
in this Agreement
are
for convenience
and
reference only and in no way define, describe, extend, or limit the scope or intent of this
Agreement, nor the intent of any provision hereof.
38.
9
No Waiver
No waiver of any provision
in this Agreement
shall be effective unless it is in writing,
signed by the party.. 
against whom it is asserted, and any such written waiver shall only be
applicable
to the specific instance
to which it relates and shall not be -deemed
to be
a
continuing or future waiver.
38.
10 Entire Agreement and Modification
This Agreement constitutes the entire understanding
and agreement between the parties and
may not be changed,_ altered or modified except by an instrument in writing signed by all
parties against whom enforcement of such change would be sought: - - -
38.
11 Severability
In the event that any provision of this Agreement shall, for any reason, be determined to be
invalid, illegal, or unenforceable
in any respect, the parties hereto
shall negotiate in good
faith and agree to such amendments, modifications, or supplements of or to this Agreement
or such other appropriate
actions
as shall, to the maximum extent practicable in light of
such determination, implement and give effect to the intentions of the parties
as reflected
herein, and the other provisions
of this Agreement shall, as
so amended, modified, or
supplemented, or otherwise affected by such action remain in full force and effect.
38.
12 Knowledge
Contractor agrees that it has investigated and examined all streets, alleys, overhead trees,
wires and such other conditions and requirements of the City that may affect its full and
52 of 60

complete performance of this Agreement and enters into this Agreement giving completed
such investigations
and examinations
to its full satisfaction
and solely relying
on such
investigations
and examinations.
38.
13 Appendices
All Appendices attached hereto contain additional terms of this Agreement and are
incorporated into this Agreement by reference. Typewritten provisions inserted in this
form or attached hereto shall control all printed provisions in conflict therewith.
38.
14 Governing
Law
This Agreement shall be construed and interpreted according
to the laws of the State of
Arizona and venue with respect to any litigation shall be Pinal County, Arizona.
38.
15 Attorney Fees
In the event of arbitration or litigation between
the parties regarding this Agreement, each
party shall be responsible
for their own attorney'
s fees and costs.
38.
16 Authorization
Each party hereby warrants
and represents that it has full power and authority to enter
into and perform this Agreement, and that the person signing
on behalf of each has been
properly authorized and empowered
to enter this Agreement. Each party further
acknowledges and agrees that it has read this Agreement, understands it, and agrees to be
bound by it.
38.
17 Conflicts
of Interest; Provisions
of Service
This Agreement is subject to the cancellation provisions for conflicts of interest pursuant
to the provisions of A.
R.
S. § 
38-
511, and the provisions of A.
R.
S. §§ 
41-
4401 and 23-
214
relating
to the state'
s requirement
that persons contracting
with municipalities
for the
provision -of services
uses the verify program
to verify employment eligibility).
53 of 60

IN WITNESS WHEREOF, the parties have caused this Agreement
to be signed by their duly
authorized representatives
as of the day and year first above written.
CONTRACTOR:
WASTE MANAGEMENT
OF
ARIZONA, INC.
a California corporation
ATTEST:
Celine Kidwell
City Clerk
AP ROVED AS TO FO
v*,.
Stephen Z. Cooper
City Attorney
By:
Title: / trek. 
i6_ ,44
rofec
a.-
t"
CITY OF ELOY
an Arizona municipal corporation
Andrew Sutton
Mayor
54 of 60

APPENDIX A
RATES FOR RESIDENTIAL, COMMERCIAL AND CITY SERVICES
RESIDENTIAL SERVICES
Service
Rate I
Monthly
Fee for Residential
Service
Unit
Residential Municipal Solid Waste Services
1. Solid Waste Base Rate
10.
50
2. Additional
Solid Waste Cart Base Rate
2
525
3. Non -collection
Day Solid Waste
or Recycling Cart Collection
S, 
12.
60
occurrence
IResidentialbulk'
Waste;
Services
4. Bulk Waste Rate, Monthly Collection (
12 times per year, 4 cubic yards each)
0:
69/
Month
5. Bulk Waste Rate; Quarterly
Collection (4 times per year, 4 cubic yards each)
0.
23/
Month
6. Additional
Bulk Waste Collection
55.
00/
item /
occurrence
Residential.
Recycling
Services
7. Residential Recycling Base Rate ( Once per Week)
9.
00 •,•smlote13rlow
8. Exempt
Residential
Waste Service
Units Rate 3
57.
50
Cart Maintenance Services
9. Credit for Cart Maintenance
Services
provided by City
S ( 0,
81 ) ! 
occurrence
WeeklyCollectionFrequencyforSolidWasteServices
Type
and
Size
1
2
21 O0'
3
31:
50 ' '
4
3 /A .
N/
A
atCity Facilities'
5
6
7
Cart'
1OS0
N/
A
NIA '
N/
A
2 CY
Container
64.
77
95.
25
194.
31
N/
A
NIA
NIA '
N/
A
3 CY Container" '
7239
129:
54 2.17:
17
NAT/
A
N/
A
NIA
4 CY Container
82.
55
101.
60
152.
40
177.
80
247.
65
so4.
80
392.
43
N/
A
NIA - ^
N/
A
N/
A
N/
A
N/
A
N/
A
3sT/
A-'
6 CY container
e _CY Container
130.
81
234.
95
N/
A
N/
A
N/
A
N/
A
t_ 
Proposed
lee Includes
all costs including.. btlt not limited to, collection
and disposal costs of
front-
end
loading equipment provided as 6/
Container/
Month
Weekly Collection
Frequency for Recycling Services
at City Facilities
2
Type
and
Size
1
2
3
4
5
6
7
Cart .
9,
OQ
18_
OO
27.
00
NIA;, NIA
NIA ' .
NIA-
2 CY Container
43.
30
86.
60
129:
90
N/
A
N/
A
NIA
N/
A
3 CY Container,
64.
95
129.
90
194.
85
N/
A
N/
A
N/
A
N/
A
4 CY- Container
86.
60
173.
20
259.
80
N/
A
N/
A
N/
A
N/
A
6, CY Container
129.
90
259.
80 389.
70
N/
A
N/
A
N/
A —
N/
A
8 CY Container
173.
20
346.
40
519.
60
N/
A
N/
A
N/
A
N/
A
Proposed fee.
includes-
all
costs including, but not limited to, collection
and disposal , costs of
front'
end loading equipment
provided
as S/
Container/
Month
55 of 60

Weekly Collection Frequency for Recycling Services at Neighborhood Drop-
off
Type ' and Size
2` 
3
4
5
6
7
16'
CY
Contamer
173 20
40 519 60' .
NA.
3. Neighborhood Drop-
off_ 
consists of 13 front-
end
loaded
containers.
at
the City'
s Recycling
Center that is serviced py the current contractor three times per'
tiseek.
Proposed
Fees for Solid Waste Services via Roll -off
Container
initial
Type and Size
Rental Fee '
Delivery Fee
10 CY Contamer 
12. CY Container
15 CY Container
20 'CY Container
30 CY Container
40 CY Container
Per Month)
225 o ,
225.
00
245.
00 *
v
75 OD
Collection
Fee (Per Pull)
One time
7500 :$
225:
00
75.
00 $
225.
00
5A; $
225 00'
75:
00 $
225;°
0
54t)
w $
235 00
245.
00
Disposal Fee
Per Ton)
35.
00
35 OD
35.
00.
35.
00
Disposal Services
for:; City GeneratedMaterial
Service
Proposed.
Fee
Self Haul Service $
3500,
on
Metal Recyclin9`
Fee
4 $ $
65:
00
iton
Ancillary Fees:
Note: Rental
fee will apply
after
1. month
ofzero
1) Recycle. Material - Offset_- _Current Tip
Fee $ 80.
88 (calculated
as Processing
Fee minus
Commodity Value plus Transportation Costs), Ifthe Tip fee fluctuates by $ 10.
00 on an annual
average a $ 0.
25 adjustment will be made, either up or down per recycling cart. The recycling
unit will not go below $ 8.30, adjusted annually by contractual
CPI.
2) Replacement Cart charge $
25.:
00/
cart if deemed damaged by resident and approved by City
and not because of ordinary wear and tear or Contractor damage.
3) Recycling
Contamination
charge - $ 5.
00 per -event
fee after a rollout and education period,
allowing for up to three violations within
a calendar
year before
fees
are assessed. Not to
exceed $ 20.
00 monthly.
4) Overage Charge - $ 5.
00 per -event fee after a rollout and education period, allowing for up to
three violations within a calendar year before fees are assessed. Not to exceed $ 20.
00 monthly.
5) Overweight
Containers. The Company
may refuse to collect
any Refuse, Recyclables, or
Organic Waste Container which the Company reasonably believes to be overweight. A
Container shall be considered " overweight" if the total weight of the Container and contents
exceeds two times the volume capacity of said Container ( e.g., 
192 pounds for a 96 -gallon
Cart). The Company shall provide notification
to the City regarding each instance of
noncollection.
56 of 60

APPENDIX
B
CONTRACTOR TRANSITION PLAN
Implementation meetings, coordination, and course correction
Collection vehicles
Cart and container deliveries ( as applicable to your contract)
Driver screening, hiring, and training ( if additional drivers
are needed)
Route development
Contingency planning
Implementation
Meetings and Coordination
WM'
s team will meet weekly throughout planning and implementation
with the City of Eloy. At
the onset, these meetings will include our regional team of experts. As the contract start date
approaches, the local district operations team will meet daily to review the most critical
components of service delivery.
Our team is committed to keeping the City of Eloy informed of our implementation
progress, and
we will ask for your feedback as we customize our transition efforts to reflect the needs of your
community
and the most effective communication methods. From the. onset of our transition, we
propose meeting with -the City of Eloy staff regularly to review key implementation
milestones,
our progress, and any proposed changes. We can start with monthly meetings initially, and
increase the frequency, if needed.
In addition to our internal meetings and meetings with staff, it is important for us to coordinate
closely with your outgoing service provider. From our experience, the outgoing service provider
has been cooperative and helpful during contract transitions, and we often make their exit easier
and more efficient. We :will= 
coordinate with them on the removal of their carts and containers
and
customer data exchanges.
Cart and Container Deliveries
Each City of Eloy resident will receive
a new cart one week prior to their first scheduled
collection day under the new contract. We will educate customers
on the benefits of cart -based
collection, available
cart sizes, and key cart delivery dates. Information will be communicated
at
community meetings and through direct mail, out -dials, local media, and social media outlets. At
this time, customers will also be notified of the final date they may
APPENDIX C
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RECYCLABLE MATERIALS AUDIT PROTOCOL
The Respondent, at the Respondent'
s sole expense, shall conduct a Recyclable Materials Audit of
Residential Recyclable Materials upon request by the City, but not more often than twice per year
for
one truck load of material
from the
same
subdivision/
location
as identified
by the City.
Recyclable Materials Audits shall be conducted in accordance with the following:
General Protocol
1. Each audit will be monitored by the Respondent
and the City if City desires.
2. Unless agreed to via email or other writing by the City, the City and the Respondent
shall
agree on an audit date(
s) 
a minimum of thirty (30) calendar days in advance.
3. The City and the Respondent will agree to the description of each commodity
in advance
of the Recyclable Materials Audit in written form,
4. The audit will be conducted based on a minimum of one Recycling Truck Load collected
from the same Residential Service Units identified by the City, twice annually at an interval
determined by the City.
5. The City may choose to have representation during the audit, but is not required to do so.
Manual Audit Protocol
The Respondentmay
elect to manually sort the designated samples utilizing
a sorting crew. The
Respondent,- at. the Respondent'
s
sole expense, shall conduct manual audits in accordance with the
following.
1. Random selection of subdivision/
location.
2. The =Respondent shall_
store_
the
truckload separately in a segregated
area. The segregated
area will have barriers in place to separate audit materials
from any other materials that are
delivered
to the delivery facility.
3. The Respondent will classify the materials
into the proposed material categories, but at a
minimum each commodity
and contamination
and place the materials into the individual
bins/
cans for each category.
4. The Respondent will assign a bins/
can to each material category and weigh to a tenth of a
pound and record the weight of each bin/
can empty. All weights shall be documented
and
provided to the City upon conclusion of the audit.
5. Once
all the materials from the samples have been sorted into their designated bins/
cans,
the Respondent will check all bins/
cans to confirm materials
are placed in the appropriate
bin/
can. After the Respondent has performed
a quality control check, the City shall check
all bins/
cans
to
confirm
materials
are placed
in
the
appropriate
bin/
can, if City
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representatives
are
present
during
the audit. If present
for the audit, the City
shall
immediately
communicate
any issues to the Respondent.
6. Each commodity and contamination shall be weighed to a tenth ofpound. All weights shall
be documented and provided to the City upon conclusion of the audit.
7. At the end of the audit day, tally sheets of all weights for each sample shall be provided to
City.
APPENDIX
D
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CONTRACTOR RESPONSE TO RFP
LViV. I of AZ Response to RFP.
pdf
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