Common use of Contractor’s Statements Clause in Contracts

Contractor’s Statements. CONTRACTOR’S proposal and other supplemental information submitted to the Town, which the Town has relied on in awarding and 3186 entering this Agreement, do not: 3187 61.07.1 (i) contain any untrue statement of a material fact, or 3188 61.07.2 (ii) omit to state a material fact that is necessary in order to make the 3189 statements made, in light of the circumstances in which they were made, not misleading. 3190 61.08 CONTRACTOR’S Investigation. CONTRACTOR has made an independent 3191 investigation (satisfactory to it) of the conditions and circumstances surrounding the Agreement 3192 and the work to be performed hereunder. 3193 61.08.1 CONTRACTOR has taken such matters into consideration in entering 3194 this Agreement to provide services in exchange for the compensation provided for under the terms 3195 of this Agreement. 3196 61.09 Ability to Perform. CONTRACTOR possesses the business, professional, and 3197 technical expertise to collect, transport, and process the Garbage, Recyclable Material, Organic 3198 Waste, and Large Items generated in the TOWN, and to provide Street Sweeping Services. 3199 61.09.1 CONTRACTOR possesses the ability to secure equipment, facility(ies), 3200 and employee resources required to perform its obligations under this Agreement. 3201 61.10 Recognizing Labor Rights. CONTRACTOR recognizes, and agrees to continue to 3202 recognize, the right of its employees to peacefully organize and to file a valid petition seeking a 3203 lawful election conducted by the National Labor Relations Board. Such secret ballot election 3204 would determine if a majority of the subject employees want a labor organization to be their 3205 exclusive representative in collective bargaining with the CONTRACTOR. 3206 61.10.1 CONTRACTOR agrees to engage in good faith negotiations with any 3207 current and duly elected labor organization of the subject employees, and to meet at reasonable 3208 times to discuss wages, hours and other terms and conditions of employment. CONTRACTOR 3209 also represents that during negotiations with such duly elected labor organization, if necessary, it 3210 would support the use of a federal mediator and a reasonable cooling off period, if requested in 3211 writing by either party. 3212 ARTICLE 62. Effective Date 3213 This Agreement shall become effective at such time as it is properly executed by the TOWN and 3214 the CONTRACTOR and the CONTRACTOR shall begin Collection Services, as covered herein, 3215 as of October 1, 2017. 3216 IN WITNESS WHEREOF, the TOWN and the CONTRACTOR have executed this Agreement on 3217 the day and year first written above. 3218 3219 3220 3221 3222 3223 3224 3225 3226 3227 ▇▇▇▇▇ ▇▇▇▇▇▇ Date ▇▇▇▇▇ ▇ ▇▇▇▇▇▇ Date Town Manager Secretary / Chief Operating Officer 3228 3229 3230 3231 3232 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Date Assistant Town Manager 3233 3234 3235 3236 3237 3238 3239 3240 3241 3242 3243 3244 3245 3246 3247 3248 3249 Name Date Administrative Services Director 3250 3251 3252 3253 3254 3255 3256 ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Date Town Attorney Disposal/Transfer Facility Sonoma County Landfill/Transfer System $130.57 Per Ton Processed Organic Waste (Yard Trimmings & Food Waste) Sonoma County Landfill/Transfer System $76.16 Per Ton Processing/Sale of Recyclable Material GreenWaste Recovery MRF ($10.00) Collection Element $9.23 $10.11 $18.27 $26.72 Disposal Element $5.06 $7.78 $11.32 $14.57 Organic Waste Processing Element $3.22 $3.22 $3.22 Recyclable Material Processing/Expense Element ($0.41) ($0.41) ($0.41) Franchise Fee Element (10% of Total Rate) $1.90 $2.30 $3.60 $4.90 Monthly Service Recipient Rate – ON- PREMISE (additional service by Service Recipient request) 20 Gal 32 Gal 64 Gal 96 Gal Collection Element $25.00 Disposal Element $5.06 $7.78 $11.32 $14.57 Organic Waste Processing Element $3.22 $3.22 $3.22 $3.22 Recyclable Material Processing/Sales Element ($0.41) ($0.41) ($0.41) ($0.41) Franchise Fee Element (10% of Total Rate) $6.43 $1.18 $1.57 $1.93

Contractor’s Statements. CONTRACTOR’S proposal and other 3261 supplemental information submitted to the Town, which the Town has relied on in awarding and 3186 3262 entering this Agreement, do not: 3187 61.07.1 3263 49.07.1 (i) contain any untrue statement of a material fact, or 3188 61.07.2 3264 49.07.2 (ii) omit to state a material fact that is necessary in order to make 3265 the 3189 statements made, in light of the circumstances in which they were made, not misleading. 3190 61.08 3266 49.08 CONTRACTOR’S Investigation. CONTRACTOR has made an independent 3191 3267 investigation (satisfactory to it) of the conditions and circumstances surrounding the Agreement 3192 3268 and the work to be performed hereunder. 3193 61.08.1 3269 49.08.1 CONTRACTOR has taken such matters into consideration in 3270 entering 3194 this Agreement to provide services in exchange for the compensation provided for 3271 under the terms 3195 of this Agreement. 3196 61.09 3272 49.09 Ability to Perform. CONTRACTOR possesses the business, professional, and 3197 3273 technical expertise to collect, transport, and process the Garbage, Recyclable Material, Organic 3198 3274 Waste, and Large Items generated in the TOWN, and to provide Street Sweeping Services. 3199 61.09.1 3275 49.09.1 CONTRACTOR possesses the ability to secure equipment, 3276 facility(ies), 3200 and employee resources required to perform its obligations under this Agreement. 3201 61.10 3277 49.10 Recognizing Labor Rights. CONTRACTOR recognizes, and agrees to continue 3278 to 3202 recognize, the right of its employees to peacefully organize and to file a valid petition seeking 3279 a 3203 lawful election conducted by the National Labor Relations Board. Such secret ballot election 3204 3280 would determine if a majority of the subject employees want a labor organization to be their 3205 3281 exclusive representative in collective bargaining with the CONTRACTOR. 3206 61.10.1 3282 49.10.1 CONTRACTOR agrees to engage in good faith negotiations with 3283 any 3207 current and duly elected labor organization of the subject employees, and to meet at 3284 reasonable 3208 times to discuss wages, hours and other terms and conditions of employment. 3285 CONTRACTOR 3209 also represents that during negotiations with such duly elected labor 3286 organization, if necessary, it 3210 would support the use of a federal mediator and a reasonable 3287 cooling off period, if requested in 3211 writing by either party. 3212 3288 ARTICLE 6250. Effective Date 3213 3289 This Agreement shall become effective at such time as it is properly executed by the TOWN and 3214 3290 the CONTRACTOR and the CONTRACTOR shall begin Collection Services, as covered herein, 3215 3291 as of October 1, 2017. 3216 3292 IN WITNESS WHEREOF, the TOWN and the CONTRACTOR have executed this Agreement 3293 on 3217 the day and year first written above. 3218 3219 3220 3221 3222 3223 3224 3225 3226 3227 3294 3295 3296 3297 3298 3299 3300 3301 3302 3303 ▇▇▇▇▇ ▇▇▇▇▇▇ Date ▇▇▇▇▇ ▇ ▇▇▇▇▇▇ Name, Title Date Town Manager Secretary / Chief Operating Officer 3228 3229 3230 3231 3232 3304 3305 3306 3307 3308 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Date Assistant Town Manager 3233 3234 3235 3236 3237 3238 3239 3240 3241 3242 3243 3244 3245 3246 3247 3248 3249 3309 3310 3311 3312 3313 3314 3315 3316 3317 3318 3319 3320 3321 3322 3323 3324 3325 Name Date Administrative Services Director 3250 3251 3252 3253 3254 3255 3256 ▇3326 3327 3328 3329 3330 3331 3332 Name Date Town Attorney 3333 Exhibit 1 Town of Windsor, CA SERVICE RECIPIENT RATES To be inserted with CONTRACTOR’s final negotiated rates. ▇▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇▇▇ Date Town Attorney Disposal/Transfer Facility Sonoma County Landfill/Transfer System $130.57 Per Ton Processed Organic Waste ▇▇ ▇▇▇▇▇▇▇, ▇▇ COLLECTION ELEMENT ADJUSTMENT METHODOLOGY Refuse Rate Index (Yard Trimmings & Food WasteRRI) Sonoma County Landfill/Transfer System $76.16 Per Ton Processing/Sale of Recyclable Material GreenWaste Recovery MRF ($10.00) Financial Statement Format Operating Costs Labor: List all administrative, officer, operation and maintenance salary accounts. List payroll tax accounts directly related to the above salary accounts. Diesel Fuel: List all diesel fuel costs. CNG Fuel: List all CNG fuel costs. Vehicle Replacement: List all collection and collection related vehicle depreciation accounts. List all vehicle lease or rental accounts related to collection or collection related vehicles. Vehicle Maintenance: List all collection or collection related vehicle parts accounts. All Other: List all other expense accounts related to the services provided under this Agreement. This category includes all insurance including general liability, fire, truck damage, extended coverage and employee group medical and life; rent on property, truck licenses and permits; real and personal property taxes; telephone and other utilities; employee uniforms; safety equipment; general yard repairs and maintenance; office supplies; postage; trade association dues and subscription; advertising; employee retirement or profit sharing contributions; and miscellaneous other expenses. The "Refuse Rate Index" adjustment to the Collection Element $9.23 $10.11 $18.27 $26.72 Disposal Element $5.06 $7.78 $11.32 $14.57 Organic Waste Processing Element $3.22 $3.22 $3.22 Recyclable Material Processing/Expense Element ($0.41) ($0.41) ($0.41) Franchise Fee Element (10% of Total Rate) $1.90 $2.30 $3.60 $4.90 Monthly the Service Recipient Rates shall be calculated in the following manner: 1. The expenses of providing Collection Services in the Service Area for the designated fiscal period shall be prepared in the format set forth in the RRI Financial Statement Format on the previous page of this Exhibit. 2. The expenses of providing Collection Services in the Service Area shall be broken down into one of the following six cost categories: Labor; Diesel Fuel; CNG Fuel; Vehicle Replacement; Vehicle Maintenance and All Other. Each cost category is assigned a weighted percentage factor on that cost category's proportionate share Exhibit 2 Town of Windsor, CA COLLECTION ELEMENT ADJUSTMENT METHODOLOGY of the total of the costs shown for all cost categories. 3. The following indices are used to calculate the adjustment for each cost category. The percentage change in each index is calculated based on the percentage change in twelve-month annual averages as set forth in the Agreement. Cost Category Index Labor: Series ID: cis201s000000000i Service-Producing Industries Diesel Fuel: California No 2 Diesel Ultra Low Sulfur (0-15 ppm). Currently provided at the following web address: <▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/dnav/pet/hist/LeafHandler.ashx? n=pet&s=emd_epd2dxl0_pte_sca_dpg&f=m> CNG Fuel: PG&E Schedule G-NGV2 – Compressed Gas for Motor Vehicles. Currently provided at the following web address: <▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/nots/rates/tariffs/GRF.SHTML> Vehicle Replacement: Series ID: pcu336211336211 Truck, bus, car and other vehicles bodies, for sale separately Vehicle Maintenance: Series ID: pcu3339243339243 Parts and attachments for Industrial work trucks All Other: Series ID: cuura422Sa0 Not Seasonally Adjusted, All Items, All Urban Consumers (CPI-U) for San Francisco- Oakland-San Jose, California. The percentage weight for each cost category is multiplied by the change in each appropriate index to calculate a weighted percentage for each cost category. The weighted percentage changes for each cost category are added together to calculate the Refuse Rate – ON- PREMISE (additional service by Service Recipient request) 20 Gal 32 Gal 64 Gal 96 Gal Collection Element $25.00 Disposal Element $5.06 $7.78 $11.32 $14.57 Organic Waste Processing Element $3.22 $3.22 $3.22 $3.22 Recyclable Material Processing/Sales Element ($0.41) ($0.41) ($0.41) ($0.41) Franchise Fee Element (10% Index. 3335 3336 3337 Exhibit 3 Town of Total Rate) $6.43 $1.18 $1.57 $1.93Windsor, CA Detailed Rate Review Methodology