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HomeMy WebLinkAboutStaff Report 2511-5409CITY OF PALO ALTO CITY COUNCIL Monday, December 01, 2025 Council Chambers & Hybrid 5:30 PM     Agenda Item     11.Approval of Amendment No. 2 to Contract C09124501A with GreenWaste of Palo Alto to Extend the Term for an Additional Four Years Through June 30, 2030, for an Estimated Average Annual Compensation of $24,840,211, including an Estimated $1,400,589 in Additional Expenses; Approval of Replacement of Aging Collection Vehicles for an Estimated $5,900,000 in Additional Expenses; Approval of a Budget Amendment in the Refuse Fund; and Approval of Amendment No. 1 to the Revocable Non-Exclusive License For Use of a Portion of the Former Los Altos Treatment Plant Located at 1237 San Antonio Road by GreenWaste of Palo Alto Through June 30, 2030; CEQA Status - Not a Project​ City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: December 1, 2025 Report #:2511-5409 TITLE Approval of Amendment No. 2 to Contract C09124501A with GreenWaste of Palo Alto to Extend the Term for an Additional Four Years Through June 30, 2030, for an Estimated Average Annual Compensation of $24,840,211, including an Estimated $1,400,589 in Additional Expenses; Approval of Replacement of Aging Collection Vehicles for an Estimated $5,900,000 in Additional Expenses; Approval of a Budget Amendment in the Refuse Fund; and Approval of Amendment No. 1 to the Revocable Non-Exclusive License For Use of a Portion of the Former Los Altos Treatment Plant Located at 1237 San Antonio Road by GreenWaste of Palo Alto Through June 30, 2030; CEQA Status - Not a Project RECOMMENDATION The Finance Committee and staff recommend that City Council: 1. Approve Amendment No. 2 to Contract No. C09124501A with GreenWaste of Palo Alto to extend the term for an additional four years to end June 30, 2030, for an estimated average annual compensation of $24,840,211, including an estimated additional cost of $1,400,589 for additional expenses in vehicle repairs and maintenance, and container replacements; 2. Approve and authorize the replacement of aging collection vehicles for an estimated total of $5,900,000; 3. Amend the Fiscal Year 2026 Budget Appropriation for the Refuse Fund (requires a 2/3 majority vote) by: a. Decreasing the Refuse Fund balance by $2,610,000; and b. Increasing the Collection, Hauling, Disposal appropriation for Refuse Collection by $2,610,000; and 4. Approve Amendment No. 1 to the revocable non-exclusive license for GreenWaste of Palo Alto to continue using a portion of the Former Los Altos Treatment Plant, located at 1237 San Antonio Road, for an additional four years to end June 30, 2030. EXECUTIVE SUMMARY Staff recommends that the contract with GreenWaste of Palo Alto be amended to extend its term by an additional four years through June 2030. In addition, staff requests that the Finance Committee review and consider the GWPA requests for 1) replacing aging collection vehicles and 2) providing additional compensation for vehicle repairs and incrementally increasing maintenance on the remaining fleet vehicles, and container replacements during the extended term. Extending the contract will ensure continuity of essential waste collection services for the community and enable a long-term strategy to consolidate the currently separate collection and processing contracts. This alignment will also position the City to explore its post-2030 zero waste goals and implement further sustainability enhancements aimed at reducing greenhouse gas emissions. On November 4, 2025, the Finance Committee reviewed and unanimously recommended that Council adopt the staff recommendations1. BACKGROUND GreenWaste of Palo Alto (GWPA) is the City’s exclusive contractor for the collection and processing of recyclable, compostable, deconstruction, and construction and demolition materials, as well as the collection of landfill waste. The processing of landfill materials is handled through a separate contract with GreenWaste Recovery, approved by City Council in May 2021.2 GWPA was awarded the contract as the City’s waste collector in 20093 after a competitive solicitation process, and the contract now has been extended and amended multiple times. The previous waste collector, Waste Management, purchased the local company, PASCO, in 1998 which had provided services to the City for the prior 50+ years. Long-term contracts for waste collection and processing services are very common in the waste industry and are often extended due to key factors that provide benefits and stability for both the service provider and the municipality receiving the services. For the City, the GWPA contract has locked in an efficient, stable, and consistent high-quality service, innovative processing facilities, predictable pricing, and the ability to expand on services to achieve the City’s zero waste and sustainability goals. This has helped with long- term budgeting and protected the City from volatile market prices, and the cost volatility and risks associated with competitive bidding processes. GWPA benefited and strategizes on how 1 Finance Committee, November 4, 2025; Agenda Item #2 SR# 2508-5141 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83791 2 City Council, May 24, 2021; Agenda Item #7 SR# 11632 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=2264 3 City Council, August 4, 2008 SR # 329:08 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=71349 best to manage the waste collected and processed through its specialized collection vehicles, containers, and the materials processing facilities. Long-term contracts provide service providers the financial security to make large investments in equipment, and the predictable revenue stream allows them to secure financing and amortize the cost over many years. GWPA has also benefited in helping the City implement ground-breaking services and pilot programs that have helped the City achieve its current diversion rate of 88%.7 The contract was amended and extended in 2019, which extended the contract through June 30, 20268, added new services (including an enhanced Clean Up Day collection and deconstruction services), added new staffing to help the City achieve increased compliance with zero waste requirements, and included vehicle replacements to the GWPA fleet including electric vehicles. The contract was most recently amended on December 12, 20229 to implement domestic recycling of mixed paper and mixed rigid plastics. Another development is that as of February 2024 the GWPA drivers are unionized. The City Council approved a limited-term site license agreement for the Los Altos Treatment Plant (LATP) in 201610 providing GWPA the use of the site for the storage of containers. In January 2024, the Revocable Non-Exclusive License for the Use of Real Property (License) was approved for GWPA to remain at LATP, located at 1237 San Antonio Road, through June 30, 2026.11 ANALYSIS GWPA’s past amendments and term extensions have mutually benefited both the City and GWPA. Similarly, this next (and final), term extension leverages the experience and trust for this contract to continue an additional four years from July 1, 2026 to June 30, 2030, with a vetted contractor that has allowed competitive rates in comparison to neighboring jurisdictions, and provided high quality performance and consistent service reliability and responsiveness to the City and the community. The 2019 contract extension8 anticipated the possibility of the City taking action on extending the contract term with GWPA and included the ability for the City to extend the term up to four additional years without altering any of the terms or provisions in the agreement. Staff considered multiple options and alternatives to extending the term, from 7 Zero Waste Progress Report; https://www.paloalto.gov/Departments/Public-Works/Zero-Waste/About-Us/Progress-Report#section-2 8 Special Meeting, January 22, 2019; Agenda Item #6 SR# 9752 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=2037 9 City Council, December 12, 2022; Agenda Item #1 SR# 14834 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82083 10 City Council, August 15, 2016; Agenda Item # 6 SR# 7082 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=79687 considering conducting a formal solicitation process to exploring various lengths of time to extend the contract and ultimately determined its recommendation that the option that most benefits and provides the best contract flexibility to the City is the last option listed in Table 1, which is to extend the GWPA contract for four years and accommodate some contract requests from GWPA that provides the continuity of services to the community while minimizing financial impacts to both the City and GWPA. Table 1: Summary of Options Considered for the Contract Amendment Options Considered Challenges Extend contract 2 years and initiate new solicitation Most costly to the City due to procurement process, transition, and less advantages to the City Estimated cumulative additional increased costs of 15 to 20% No economies of scale of combining solid waste contracts Less time to align with City goals with innovation and improvement to the waste industry from artificial intelligence Extend contract 4 years with current services (no compensation changes) Financially beneficial to the City since it would minimize expenses Increased risk of collection service issues with aging vehicles Increased risk of operational difficulties vehicle breakdowns, potential unsafe conditions, increased maintenance needs, and environmental violations Extend agreement 4 years, use the 10-year industry standard for vehicle replacements and create specific parameters to determine which vehicles should be replaced by GWPA (Recommended) Process for vehicle replacements is described in the current agreement Compromise approach for both City and GWPA Increased expenses on vehicle replacement, and container replacements Ensure the continuity and reliability of essential services, control expenses to the City, and lessen disruptions to residents and businesses; Maintain price stability by continuing a predictable compensation amount; further protects the City from the current market, tariffs, and labor volatility; Continue to benefit from the local processing facilities with close proximity to Palo Alto as well as the current structure for materials processing expenses. It maintains and continues the processing commitments for recyclable, compostables, and construction and demolition materials at the GreenWaste processing facilities located in San Jose; Provide staff more time to develop a long-term vision and strategy for solid waste management services beyond 2030 and enable the consolidation of all the solid waste collection and processing services into one new future contract. This would combine the services that are currently provided by GWPA and the GreenWaste Recovery contract that handles the processing of landfill materials and will end on June 30, 2030.17 In addition, it will provide staff the opportunity to strategize into the future solicitation process the benefits from artificial intelligence being developed in the solid waste field. Enable staff to explore post-2030 zero waste goals and determine how best to enhance sustainability efforts to further reduce greenhouse gas emissions. Staff held multiple discussions with GWPA over numerous months, and continues to work with GWPA with the mutual goal of a contract term extension and continuing existing services while minimizing increased expenses to the City and managing the financial impacts to GWPA operations and services. The recommendations reflect a strategy to reduce the frequency of vehicle replacements and align it with solid waste industry standards of a ten-year replacement schedule instead of using an eight-year replacement schedule. Initial discussions contemplated the eight-year replacement lifespan of approximately 50 vehicles, which would have led to additional expenses to the City above $21 million over the extended term. The current recommendations significantly reduce these costs for the City in the final extended term of the contract. The initial GWPA contract was for an eight-year term starting in 2009 and included both newly purchased vehicles as well as nine used vehicles obtained from the previous hauler. The replacement of collection vehicles is allowed in the current agreement with GWPA and has been approved in the past by the City both administratively through an approval letter from the Public Works Director as well as through City Council action as was last done through the contract amendment in 2019. At the end of the GWPA contract term, the City will have the option to either acquire the vehicles from GWPA or to instruct them to sell the vehicles and provide the City with the amount received for the sale. The contract requires that GWPA obtain from the City approval to use any vehicles that exceed eight years of age. Given that the additional four-year term impacts the current fleet vehicle lifespan, and with the industry standard being ten years, staff recommends replacing the vehicles reaching ten years of age during the additional term and proposes one exception, which is to replace the rear loader electric vehicle sooner than the ten-year standard life. For the remaining fleet vehicles, both for collection and support, it is recommended to address potential repairs and maintenance issues by allocating some additional expenses for vehicle repair and maintenance during the extended term. The following sections describe the estimated proposed GWPA additional compensation for Fiscal Year 2026 and during the four-year term extension, which are also summarized in Table 2: 17 GreenWaste LATP License 2024 Replacement of Nine Collection Vehicles – Estimated Total Expense of $5,900,000, with approximately $2,610,000 in current Fiscal Year 2026, and $3,290,000 in the Extended Term Table 2: Summary of Options Considered for Vehicle Replacement Expenses Options Considered Advantages & Disadvantages Use Refuse Fund rate stabilization reserves (Recommended) Advantages: GWPA has an open vehicle order and the initial four vehicles could be put into operation as early as Spring 2026; Refuse Fund reserves are able to sustain the expense Estimated total cost impact, in addition to direct vehicle costs, of $600,000 considering foregone investment income from Refuse Fund reserves Payment based on invoices as vehicles are received by GWPA Disadvantages: Large impact to the Refuse Fund with an estimated $5,900,000 expense over the extended term that reduces the rate stabilization reserves as vehicles are ordered and expenses are incurred Amortization or smoothing the cost of vehicles over the term Advantages: Spreads the cost and depreciation of the expensive specialized collection vehicles across the 4.25 years of the proposed term, Fiscal Years 2026 through 2030 Reduces the expense impact on the Refuse Fund rate stabilization reserves Enables a predictable and consistent operating budget for the Refuse Fund Disadvantages: Adds the complexity of requiring GWPA to obtain a loan with interest which would be a pass-through expense to the City Estimated total cost impact, in addition to direct vehicle cost, of $1,100,000 considering interest payments on 7% loan and foregone investment income from Refuse Fund reserves Staff recommends the first option presented in Table 2, which would compensate GWPA for the vehicle replacements based on the invoice price as the vehicles are received into the fleet over the proposed extended term of the contract (some in Fiscal Year 2026 plus some during the proposed recommended extended 4-year term to end in Fiscal Year 2030). This option reduces the City’s overall expenses that would be incurred with the amortizing option of spreading the interest and financing debt over the extended term, with an estimated difference in total cost impact of approximately $500,000. This approach aligns the replacement timing with the vehicle 10-year lifecycle, offers a consistent and manageable framework for expenses that is similar to the recent process used for the vehicle replacements approved in 2019, and uses the Refuse Fund reserves to minimize the financial strain on the Refuse Fund and ratepayers. The proposed estimated expenses would be incurred by the City in Fiscal Years 2026, 2027, and 2028. The following requests for additional compensation to GWPA require City Council approval: Vehicle Repair and Maintenance for the Aging Fleet – Estimated Total Expense of $1,400,589 with $82,688 in current Fiscal Year 2026 and $1,317,900 in the Extended Term Table 3: GWPA Additional Compensation Requests Distributed by Fiscal Year Items Estimated Additional Expenses FY2026 FY2027 FY2028 FY2029 FY2030 Total Vehicle repair & maintenance $82,688 $213,500 $222,100 $277,300 $373,000 $1,168,589 Bin replacements $58,000 $58,000 $58,000 $58,000 $232,000 Vehicle replacements $2,610,000 $570,000 $2,720,000 $5,900,000 Total $2,692,688 $841,500 $3,000,100 $335,300 $431,000 $7,300,589 GWPA utilizes the site at LATP for charging electric vehicles, storing containers, and serving as a transitional yard to temporarily hold illegally disposed items collected by staff. On June 12, 2023, the City Council approved a HomeKey Lease Agreement with LifeMoves for the use of the LATP site.19 The project required GWPA to relocate to a different area of the LATP site and a new license agreement was approved for the relocation while HomeKey is under construction.20 Once the HomeKey project is finalized, GWPA will relocate to a new, approximately 52,246 square foot premise adjacent to the HomeKey Project. New EV chargers for the GWPA electric vehicles have been installed and will be used by GWPA. Staff proposes extending the license agreement (Attachment C) on substantially the same terms as the current agreement, to expire in 2030 concurrently with the agreement. During the Finance Committee discussion, there were questions about the square footage of the LATP Area C needed by Greenwaste, and whether there could be space for parking or storage of oversized vehicles. Greenwaste does need to fully use the Area C location included in the license agreement. However, approval of the license agreement extension does not foreclose the possibility of using part of the former LATP site for oversized vehicle program needs. Although there are challenges around environmental remediation, wetlands mitigation, and costs due to the half-ownership of LATP by the Refuse Fund, the potential use of Area B, where Greenwaste has been temporarily operating during the Homekey construction, can be considered as part of staff and the City Council’s efforts to address oversized vehicles issues and has been referred to that team’s work. Zero Waste Services and Future Major Projects Timeline Extending the GWPA agreement term to end in June 2030 will ensure continuity of essential waste collection services for the community and enable a long-term strategy to consolidate the currently separate collection and processing contracts. Table 4 is an estimated timeline and plan for upcoming major projects for the Refuse Fund. Table 4: Timeline of Major Projects for the Refuse Fund Projects Timeline Refuse Fund Cost of Service Study update to Finance Committee.January/February 2026 Engagement with the community and City Council on considerations for changes to the future solid waste contract service and to develop a new zero waste vision post-2030 (the current Zero Waste Plan,21 as established in Staff Report 8988, sets targets through 2030). January to September 2027 19 Special Meeting, June 12, 2023; Agenda Item #14 SR #2308-1895 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=2316 21 GreenWaste LATP License 2024 https://paloalto.gov/files/assets/public/v/1/public-works/staff-reports-all/2025/greenwaste-license-final.pdf Begin solicitation process for new consolidated contract for collection, processing and disposals services for landfill, recyclable, compostable, deconstruction, and construction and demolition materials. New Zero Waste vision post 2030 is approved. January to June 2028 Finance Committee and City Council review and approve finalized and negotiated consolidated agreement for solid waste services. January to June 2029 Current solid waste contracts with GreenWaste Recovery for garbage processing and disposal ends. June 30, 2030 Proposed amended contract with GWPA ends.June 30, 2030 New consolidated solid waste contract begins.July 1, 2030 FISCAL/RESOURCE IMPACT Table 5 provides the estimated proposed additional GWPA compensation for current Fiscal Year 2026 and the extended 4-year term. Table 5: Proposed GWPA Compensation for the Extended Term FY 2026 (Current contract term) FY 2027 FY 2028 FY 2029 FY 2030 GWPA estimated annual compensation for current services (without additional new expenses) $22,900,000 $23,701,500 $24,531,053 $25,389,639 $26,278,277 Additional vehicle repair and maintenance and bin replacements (also included in Table 3) $82,688 $271,500 $280,100 $335,300 $431,000 Additional vehicle replacements (also included in Table 3)$2,610,000 $570,000 $2,720,000 Subtotal of Estimated additional compensation $2,692,688 $841,500 $3,000,100 $335,300 $431,000 Total $25,592,698 $24,543,000 $27,531,153 $25,724,939 $26,709,277 In Fiscal Year 2026, the additional one-time compensation recommendation of $2,692,688, can be accommodated using Refuse Fund reserves, but requires a budget amendment for the additional expense. Appropriations for subsequent contract years will be determined through the annual budget development process and are subject to Council approval. The Refuse Fund beginning Fiscal Year 2026 rate stabilization reserve (RSR) balance is $15.5 million and exceeds the recommended guideline range of ten to twenty percent of sales, which is estimated at $6.8 million. The Fund has not implemented residential rate increases since Fiscal Year 2018 and commercial rate increases since Fiscal Year 2017. A cost-of-service study is being conducted, and staff expects to bring the results to the Finance Committee at the beginning of calendar year 2026. The current contract, which staff proposes to extend, has resulted in competitive rates for Palo Alto ratepayers. Table 6 provides a summary of FY 2025 residential rates for Palo Alto and neighboring cities. Approximately 88% of Palo Alto residential ratepayers are under the 20 or 32 gallon cart rates. The comparison does not capture any FY 2026 rate increases implemented in other cities, while Palo Alto did not have a FY2026 rate increase. Additionally, Palo Alto funds its exceptional Household Hazardous Waste program and street sweeping services through its refuse rates, while many other cities have alternative funding sources for these programs. Given the current Refuse Fund RSR balance, the recommended contract amendment and vehicle replacement are not expected to be a near-term driver for rate increases, although the cost-of-service-study underway and planning for anticipated cost increases under a new 2030 contract will incorporate any appropriate adjustments and/or increases. Table 6: Fiscal Year 2025 Refuse/Solid Waste Rates Supersaver (20-24 gallon) Small (32-35 gallon) Medium (65-65 gallon) Large (95-96 gallon) Palo Alto $27.81 $50.07 $100.15 $150.22 Hayward $31.20 $45.59 $81.31 $116.99 Los Altos $47.58 $51.26 $102.49 $153.76 Los Gatos $42.72 $53.22 $97.15 $141.09 Menlo Park $50.31 $58.64 $73.93 $92.21 Mountain View $34.90 $46.55 $93.10 $139.65 Redwood City $30.87 $52.86 $80.20 $107.31 San Jose N/A $53.45 $106.90 $160.35 Santa Clara $43.61 $51.51 $75.83 $100.05 Saratoga $44.95 $55.81 $101.81 $147.80 Sunnyvale $40.00 $46.43 $54.56 N/A Average $39.40 $51.40 $87.95 $130.94 STAKEHOLDER ENGAGEMENT Stakeholder engagement for the LATP license included meetings with GWPA as the Homekey project progresses. ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Vers.: Aug. 5, 2019 Page 1 of 5 AMENDMENT NO. 2 TO CONTRACT NO. C09124501A BETWEEN THE CITY OF PALO ALTO AND GREENWASTE OF PALO ALTO This Amendment No. 2 (this “Amendment”) to Contract No. C09124501A (the “Contract” as defined below) is entered into as of ________________, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and GreenWaste of Palo Alto, a California limited liability company, located at 610 E. Gish Road, San Jose, CA 95112 (“CONTRACTOR”). CITY and CONTRACTOR are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The City of Palo Alto and GreenWaste of Palo Alto entered into Contract No. C09124501A, entitled "the Second Amended and Restated Agreement for Solid Waste, Recyclable Material, and Compostable Materials Collection and Processing Services" on January 22, 2019. B. Contract No. C09124501A is set to expire on June 30, 2026. That contract gives the City the unilateral option to extend the term for up to four additional years, through June 30, 2030. C. The Parties now wish to amend the Contract in order to memorialize the extension of term through June 30, 2030 and provide for additional compensation for vehicle repair and maintenance and commercial bin replacements for the term of the Contract as extended. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. C09124501A between CONSULTANT and CITY, dated January 22, 2019, as amended by: Amendment No. 1, dated December 12, 2022. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2.02 of the Contract is amended to read as follows: Vers.: Aug. 5, 2019 Page 2 of 5 2.02 Term. The initial Term of the Agreement shall commence on the Effective Date and shall end at midnight on June 30, 2017 (“Term”). Contractor’s obligation to collect Solid Waste and Recyclable Materials and provide other services to customers as required by this Agreement shall commence July 1, 2009. The Term has been extended through June 30, 2021 as provided in Section 2.03. Pursuant to City Council action on January 22, 2019, the Parties now further agree to extend the Term for an additional five years through midnight on June 30, 2026. Pursuant to City Council action and as provided in Section 2.03 Option to Extend Term, the parties agree to extend the Term for an additional four years through midnight on June 30, 2030. SECTION 3. Section 9.01 of the Contract is hereby amended to read as follows (bracketed ellipses indicate text that is unchanged but omitted for brevity): 9.01 General. […] In subsequent years, for rate periods 12, FY 2020/21, through 21, FY 2029/30, Base Compensation will be adjusted annually, based on the application of specified indices produced by the U.S. Department of Labor, Bureau of Labor Statistics to specified cost pools and to the profit allowance, which together comprise Base Compensation. […] SECTION 4. Section 9.04 of the Contract is hereby amended to read as follows: 9.04 Compensation for Subsequent Rate Periods. Contractor’s Base Compensation for all Rate Periods following Rate Period Ten shall be determined using the index-based adjustment method presented in Attachment N-2. The method involves use of specified cost adjustment factors (the percentage change in various consumer price indices) to calculate changes in the Contractor’s Base Compensation. The percentage change in the applicable indices is applied to the calculated cost pools and calculated net revenues from sale of materials collected that comprise the Contractor’s Base Compensation for the then-current Rate Period to determine the Contractor’s Base Compensation for the coming Rate Period. For example, in January 2012 when calculating Contractor’s Base Compensation for Rate Period Four (FY 2012/2013), the percentage change in cost indices will be applied to the calculated Rate Period Three cost pools to calculate Rate Period Four costs. The revised N-1 details this for Rate Periods Ten and Eleven. The Contractor’s Total Annual Compensation for all Rate Periods following Rate Period Eleven, FY 2019/20, shall equal the sum of the following: • Base Compensation calculated using the formula presented in Attachment N-2 and one-time costs identified on Attachment N-1 (including, but not limited to, Vers.: Aug. 5, 2019 Page 3 of 5 compensation for new vehicles received during the Rate Period as approved by the City based on the invoiced purchase price paid by Contractor, subject to the profit allowance in Attachment N-2, Section 3.B); and • Extra Service Compensation for extra services performed during the Rate Period; and • Adjustment (reduction) for revenues/fees collected by Contractor from on-call service provided to Customers. Additionally, for rate periods 17 (FY 2025/26) through 21 (FY 2029/30), Contractor’s Total Compensation shall also include the following: • Rate Period 17: o $82,688 for vehicle repair and maintenance • Rate Period 18: o $213,500 for vehicle repair and maintenance o $58,000 for additional bin replacements • Rate Period 19: o $222,100 for vehicle repair and maintenance o $58,000 for additional bin replacements • Rate Period 20: o $277,300 for vehicle repair and maintenance o $58,000 for additional bin replacements • Rate Period 21: o $373,000 for vehicle repair and maintenance o $58,000 for additional bin replacements For vehicles received in Rate Period 17 or later, either depreciation on the new vehicles shall be included in Contractor’s Compensation as described in Section 9.13, or compensation for new vehicles received during the Rate Period as approved by the City shall be included in Contractor’s base compensation for that Rate Period based on the invoiced purchase price paid by Contractor. City and Contractor shall agree in writing on the method of compensation. SECTION 5. The following attachment to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: a. ATTACHMENT “G” entitled “Vehicle Specifications and Quantities” AMENDED, REPLACES PREVIOUS. SECTION 6. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. Vers.: Aug. 5, 2019 Page 4 of 5 SECTION 7. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. SECTION 8. Due Execution. The person(s) executing this Amendment on behalf of a Party hereto warrant(s) that (i) such Party is duly organized and existing; (ii) such person(s) are duly authorized to execute and deliver this Amendment on behalf of said Party; (iii) by so executing this Amendment, such Party is formally bound to the provisions of this Amendment; and (iv) entering into this Amendment does not violate any provision of any other agreement to which said Party is bound. SECTION 9. Counterparts. This Amendment may be executed in counterparts, each of which shall be considered an original. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 5 of 5 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or designee GREENWASTE OF PALO ALTO, LLC Officer 1 By: Name: Title: Officer 2 By: Name: Attachments: Attachment G, Vehicle Specifications and Quantities, AMDENDED, Replaces Previous - Amended The amended GWPA Vehicle Inventory and Replacement Plan included in this Attachment G is current as of October 2025. It reflects GWPA's vehicle inventory and the parties' agreed-upon schedule for replacing the vehicles in use during the remaining term of the agreement. To the extent that this amended replacement schedule requires GWPA to use vehicles that exceed 8 years of age to perform services under this agreement, the adoption of this amended Vehicle Inventory and Replacement Plan constitutes written approval of the Director to do so, as described in this Attachment G. GWPA Vehicle Master List YEAR MAKE MODEL VEHICLE TYPE TRUCK ID ROUTE VIN #TYPE FUEL Replacement Year 2009 GMC Sierra C3500 Service Truck PA321 642 1GDJC34688E175280 Non Collection Diesel 2009 GMC Sierra C3500 Scat Truck PA320 SPARE 1GDJC34648E198250 Non Collection Diesel 2009 TCM FG30T3L Forklift PA402 PA402 A2H901329 Non Collection PROPANE 2015 GMC Sierra Pick-up PA104 (K. Navarro)OUTREACH 3GTP1UEC5FG275163 Non Collection Unleaded 2016 Peterbilt COE 320 ASL PA228 R1 3BPZX20X2GF104738 Collection CNG 2016 Peterbilt COE 321 ASL PA220 SPARE 3BPZX20X0GF104737 Collection CNG 2016 Peterbilt COE 322 ASL PA221 SPARE 3BPZX20X9GF104736 Collection CNG 2016 Peterbilt COE 323 ASL PA224 R3 3BPZX20X7GF104735 Collection CNG 2016 Peterbilt COE 324 ASL PA225 M1 3BPZX20X4GF104739 Collection CNG 2016 Peterbilt COE 320 ASL PA222 R3 3BPZX20X0GF104740 Collection CNG 2026 2016 Peterbilt COE 320 ASL PA223 R4 3BPZX20X1GF104732 Collection CNG 2026 2016 Peterbilt COE 320 ASL PA226 R2 3BPZX20X5GF104734 Collection CNG 2026 2016 Peterbilt COE 320 ASL PA227 M4 3BPZX20X3GF104733 Collection CNG 2026 2018 Dodge Ram 1500 Pick-up PA700 (J. Lopez)640 1C6RR7NM7JS351678 Non Collection Unleaded 2018 Peterbilt 348 Roll Off - Rail PA921 SPARE 2NP3L20X7JM479639 Collection CNG 2018 Peterbilt 520 Side Loader PA212 SPARE 3BPDK29X4JF160702 Collection CNG 2028 2018 Peterbilt 520 Front Load PA560 SPARE 3BPDX20X2JF160700 Collection CNG 2028 2018 Peterbilt 520 Front Load PA561 322 3BPDX20X4JF160701 Collection CNG 2028 2018 Peterbilt 348 Roll Off - Rail PA920 534 2NP3L20X5JM479638 Collection CNG 2028 2019 Toyota Prius-Prime Sedan PA101 (K.Shanda)OUTREACH JTDKARFPXK3106598 Non Collection Unleaded 2019 Toyota Prius-Prime Sedan PA102 (A. Cushing)OUTREACH JTDKARFP5K3106105 Non Collection Unleaded 2019 BYD 8RT9M ASL PA230 M3 LA9CCBD8XK1LC0041 Collection Electric 2019 Peterbilt 337 Flat bed PA300 400 2NP2H26X5MM734071 Non Collection CNG 2019 BYD T7MA Electric Flat bed PA302 401 LA95B65EXL1LC0047 Non Collection Electric 2019 Ram 3500 Scat Truck PA312 SPARE 3C7WRSBL8LG242069 Non Collection Diesel 2019 Peterbilt 520 Front Load PA562 123 3BPDX20X4KF102976 Collection CNG 2019 Peterbilt 520 Front Load PA563 120 3BPDX20X6KF102977 Collection CNG 2019 Peterbilt 520 Front Load PA564 320 3BPDX20X6KF104289 Collection CNG 2019 Ram 3500 Service Truck PA641 641 3C7WRSBL4KG597688 Non Collection Diesel 2019 Toyota RAV4 SUV PA701 (E. Cissna)746 JTMDWRFV0KD500503 Non Collection Unleaded 2019 Ram 1500 Pick-up PA705 (A. Legrande)440 1C6RR7NMXKS749274 Non Collection Unleaded 2019 Peterbilt 348 Roll Off-Hook PA904 533 2NP3L20X1JM498915 Collection CNG 2019 8FG35U-187FSV Forklift PA403 PA403 SPR25071471-R3 Non Collection PROPANE 2019 BYD T9M Electric Rear Loader PA305 405 LA95B6D84L1LC0041 Collection Electric 2026 2020 Peterbilt 520 ASL PA201 C1 3BPDL20X5LF108332 Collection CNG 2020 Peterbilt 520 ASL PA202 C2 3BPDL20X3LF108331 Collection CNG 2020 Peterbilt 520 ASL PA203 C3 3BPDL20X5LF108329 Collection CNG 2020 Peterbilt 520 ASL PA204 C4 3BPDL20X1LF108330 Collection CNG 2020 Peterbilt 520 Front Load PA565 323 3BPDX20X5LF108335 Collection CNG 2020 Peterbilt 520 Front Load PA566 321 3BPDX20X1LF108333 Collection CNG 2020 Peterbilt 520 Front Load PA567 122 3BPDX20X7LF108336 Collection CNG 2020 Peterbilt 520 Front Load PA568 121 3BPDX20X9LF108337 Collection CNG 2020 Peterbilt 520 Front Load PA569 SPARE 3BPDX20X3LF108334 Collection CNG 2020 BYD T7M Electric Wash Truck PA603 603 LA95B65E8L1LC0032 Non Collection Electric 2020 Ram 1500 Quad Pick-up PA706 SPARE 1C6SRFBM6LN239682 Non Collection Unleaded 2020 Peterbilt 348 Roll Off-Hook PA905 531 1NP3L20X7LD709916 Collection CNG 2020 Peterbilt 348 Roll Off-Hook PA906 532 1NP3L20X9LD709917 Collection CNG 2020 Peterbilt 348 Roll Off-Hook PA907 SPARE 1NP3L20X5LD709915 Collection CNG 2020 Hyundai Kona Sedan PA707 (C. Soper)n/a KM8K53AGXLU063350 Non Collection Electric 2021 Ford Escape SUV PA100 (E. Torres)OUTREACH 1FMCU9CZ2MUA19191 Non Collection Unleaded 2021 Ford Escape SUV PA103 (M. Wong)OUTREACH 1FMCU0CZ8MUA08109 Non Collection Unleaded 2021 Peterbilt 520 ASL PA205 C5 3BPDL20X2NF112633 Collection CNG 2021 Peterbilt 520 ASL PA211 360 3BPDK29X6MF109769 Collection CNG 2021 Ram Ram 1500 Pick-up PA702 (J. Ramirez)340 1C6RREJTXMN631177 Non Collection Unleaded 2021 GMC Sierra Pick-up PA703 (M. Hill)745 3GTU9CED7MG277184 Non Collection Unleaded 2021 Toyota Tacoma Pick-up PA704 (M. Guillen)140 3TMDZ5BN2MM112895 Non Collection Unleaded 2023 Peterbilt 520EV Fully-Auto PA231 M2 3BPDHL0X8RF115243 Collection Electric 2024 Ford F350 Scat Truck PA311 260 1FDRF3GT3REE58117 Non Collection Unleaded 2025 Peterbilt 520EV Roll Off-Hook PA900 SPARE 3BPDHL0X9SF117900 Collection Electric 2025 Peterbilt 520EV ASL PA232 3BPDHL0X6SF117899 Collection Electric GWPA Vehicle Inventory and Replacement Plan - October 2025 Month and date, 2025 Eric Cissna Kelley Johannsen GreenWaste of Palo Alto 2765 Lafayette Street Santa Clara, CA 95050 Re: Purchase of Replacement Collection Vehicles Dear Mr. Cissna and Mr. Johannsen: Pursuant to Section 7.02 B Purchase of Vehicles and Section 12.16 Right of City to Make Changes of Contract No. C09124501A (the Contract) between GreenWaste of Palo Alto (GWPA) and the City of Palo Alto (the City), the City authorizes GWPA to purchase five (5) new CNG Peterbilt collection vehicles in Fiscal Year 2026 and four (4) new CNG Peterbilt collection vehicles in Fiscal Year 2028, for a total estimated cost of $5.9 million. The parties understand that while the rear loader (PA305) is authorized to be replaced as soon as 2026, the replacement vehicle may not be available until 2027. These vehicles will operate on CNG fuel and will replace the older collection vehicles listed in Attachment A to this letter. The City will compensate GWPA for the vehicles based on the invoiced purchase price paid by GWPA, pursuant to Section 9.04 Compensation for Subsequent Rate Periods. As required in the Contract, all details for the new vehicles, including specifications, size, color and location of text, identification numbers and logo will need to be pre-approved by my staff. Sincerely, Brad Eggleston Director of Public Works City of Palo Alto CC: Karin North Paula Borges Fujimoto Attachment A: GWPA Vehicles Approved for Replacement Attachment A - GreenWaste of Palo Alto Vehicle Replacements for Extension Term YEAR MAKE Replacement Year MODEL VEHICLE TYPE TRUCK ID ROUTE VIN #TYPE FUEL GreenWaste Replacement Cost City of Palo Alto Replacement Cost [Including markup and applicable tariffs] 2016 Peterbilt 2026 COE 320 ASL PA222 R3 3BPZX20X0GF104740 Collection CNG $581,834.22 $651,654.33 2016 Peterbilt 2026 COE 320 ASL PA223 R4 3BPZX20X1GF104732 Collection CNG $581,834.22 $651,654.33 2016 Peterbilt 2026 COE 320 ASL PA226 R2 3BPZX20X5GF104734 Collection CNG $581,834.22 $651,654.33 2016 Peterbilt 2026 COE 320 ASL PA227 M4 3BPZX20X3GF104733 Collection CNG $581,834.22 $651,654.33 2018 Peterbilt 2028 520 Side Loader PA212 SPARE 3BPDK29X4JF160702 Collection CNG $728,828.19 $816,287.57 2018 Peterbilt 2028 520 Front Load PA560 SPARE 3BPDX20X2JF160700 Collection CNG $609,224.88 $682,331.87 2018 Peterbilt 2028 520 Front Load PA561 322 3BPDX20X4JF160701 Collection CNG $609,224.88 $682,331.87 2018 Peterbilt 2028 348 Roll Off - Rail PA920 534 2NP3L20X5JM479638 Collection CNG $479,794.64 $537,370.00 2019 BYD 2027 T9M Electric Rear Loader PA305 405 LA95B6D84L1LC0041 Collection CNG $440,000.00 $566,720.00 AMENDMENT TO LICENSE AGREEMENT This Amendment to the Existing License as described below (this “Amendment”) is made and entered into as of _______________, by and between the City of Palo Alto, a California chartered municipal corporation (“City”), and GreenWaste of Palo Alto, a California limited liability company (“Licensee”). City and Licensee are parties to that certain license, dated January 4, 2024, (the “Existing License”). Pursuant to the Existing License, City has licensed to Licensee a portion of the old Los Altos Treatment Plant located at 1237 San Antonio Road, Palo Alto (the “Premises”). The term of the Existing License expires on June 30, 2026. The parties desire to extend the term of the Existing License, all on the following terms and conditions. Now, therefore, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Licensee agree as follows: The original term is hereby extended to and shall expire on June 30, 2030, unless sooner terminated in accordance with the terms of the Existing License and Licensee shall have no right to extend the extended term. Recital F is amended to read: “Licensee desires to obtain from the City, and the City desires to grant to Licensee, this License to provide Licensee the right to initially access and use an approximate 1.2-acre portion of the Property as depicted in more detail in “Exhibit A”, attached hereto and incorporated by reference (“Initial Premises”) for the purpose of container storage, temporary storage and sorting of construction and deconstruction waste, dedicated debris box for illegally dumped items collected by City crew, and temporary charging location for electric vehicles, pursuant to the terms of this License and as provided in the Second Amended and Restated Agreement for Solid Waste, Recyclable Materials, and Compostable Materials Collection and Processing Services between City and Licensee executed in February 2019 (“Second Amended and Restated Agreement”).” . Section 5 is amended to read: “Description of Premises Licensed. The Initial Premises consist of approximately 1.2 acres of land on the Property, as shown on Exhibit “A” attached hereto. Upon 90 days’ prior written notice provided by City to Licensee towards the completion of the Project, Licensee shall surrender the Initial Premises to City and relocate to the New Premises that is to be determined, but currently anticipated to be the approximate 53,249 square foot area shown on Exhibit “B”, attached hereto. Prior to the notice to relocate described in this Section, the City may grant Licensee written approval to access the New Premises for the purpose of accessing EV chargers and trailer on the New Premises.” Section 11.4 is amended to read: “Responsibilities. Unless otherwise agreed to by the Parties in writing, Licensee shall be solely responsible for all costs, fees, liabilities, and obligations solely resulting from its use of the Premises, including but not limited to, parking management, security (including installation of construction fencing to separate Licensee’s portion of the Property from other contractors’ portions), maintenance, clean-up, traffic management, excessive noise (excluding any noise associated with Licensee's business) management, response to enforcement of violations, labor, materials, equipment, and liability insurance. Licensee agrees to adhere to the terms of the “Good Neighbor Agreement LifeMoves Palo Alto” between Licensee and LifeMoves and to take reasonable affirmative steps to investigate and/or address any noise complaints. Licensee shall not be responsible for maintaining or repairing any stormwater management devices installed by City or LifeMoves.” 5. Miscellaneous. 5.1 This Amendment sets forth the entire agreement between the parties with respect to the matters set forth herein. There have been no additional oral or written representations or agreements. 5.2 Except as herein modified or amended, the provisions, conditions and terms of the Existing License shall remain unchanged and in full force and effect. In the case of any inconsistency between the provisions of the Existing License and this Amendment, the provisions of this Amendment shall govern and control. The capitalized terms used in this Amendment shall have the same definitions as set forth in the License to the extent that such capitalized terms are defined therein and not redefined in this Amendment. 5.3 Submission of this Amendment by City is not an offer to enter into this Amendment but rather is a solicitation for such an offer by Licensee. City shall not be bound by this Amendment until City has executed and delivered the same to Licensee. 5.4 Licensee hereby represents to City that Licensee has dealt with no broker in connection with this Amendment. Licensee agrees to indemnify and hold City harmless from all claims of any brokers claiming to have represented Licensee in connection with this Amendment. [Signature Page Follows] IN WITNESS WHEREOF, City and Licensee have entered into and executed this Amendment as of the date first written above. CITY: LICENSEE: CITY OF PALO ALTO, GreenWaste of Palo Alto,