CITY AGREEMENT. ¥

Rev. /_

SUBJECT TO CHANGES UNTIL CONTRACT EXECUTION

SAMPLE AGREEMENT

Garbage, Recycling, Green Waste and Trash Collection and Hauling Services

FOR THE COMMUNITY REINVESTMENT AGENCY OF SALT LAKE CITY

THIS AGREEMENT is between COMMUNITY REINVESTMENT AGENCY OF SALT LAKE CITY, (“Agency”) a separate entity of SALT LAKE CITY CORPORATION (“City”), and Ø, a _ (“Contractor”), and is dated as of the date the City Recorder attests the applicable City signature (which date shall be the recordation date).

RECITALS

1. Contractor desires to provide certain garbage, recycling, green waste and trash collection and hauling services for Agency.

2. Agency desires to engage Contractor for such services.

AGREEMENT

In consideration of the promises and covenants hereinafter contained, the parties agree as follows:

1. Contractor shall provide certain garbage, recycling, green waste and trash collection and hauling services for Agency as described in Exhibit “A” for a term of five (5) years commencing on the recordation date.

Agency shall have the right to extend this Agreement for an additional term of up to four (4) months by giving Contractor written notice at least ten (10) days before the expiration of the original term, provided, however, that Agency may terminate such additional term by giving Contractor at least five

(5) days prior written notice of such termination. This is a non-exclusive contract and Agency reserves the right to acquire the services or equipment, at its discretion, from other sources during the term of this Agreement. All financial commitments by Agency shall be subject to the appropriation of funds approved by the City Council and the limitations on future budget commitments provided under applicable Utah law, including the Utah Constitution.

2. For services provided to Agency, Contractor shall be paid as specified under Exhibit “B” (Price Schedule).

3. For such consideration, Contractor shall furnish all materials, supervision, labor, and equipment to complete the requirements of this Agreement.

4. The following indemnification requirements apply to this Agreement:

A. Contractor shall indemnify, save harmless, and defend Agency and City to have been required to indemnify Agency, then in addition to any other remedies Agency may have, Contractor shall pay Agency’s reasonable costs, expenses, and attorney's fees incurred in proving such indemnification, defending itself, or enforcing this provision. Nothing herein shall be construed to require Contractor to indemnify the indemnitee against the indemnitee's own negligence. The provisions of this section 4 shall survive the termination of this Agreement.

B. Agency assumes no responsibility for any damage or loss that may occur to

Contractor's property, except the obligation Agency assumes that it will not willfully or intentionally damage the property of Contractor. Agency has no responsibility for any equipment maintenance, or for Contractor's employees. Nothing in this Agreement shall be construed to create a partnership, joint venture, or employment relationship.

C. Contractor’s acts and omissions, for purposes of subsections A and B, above, shall include, without limitation, any violation of federal, state, or local environmental laws or requirements by contractor or contractor’s officers, directors, agents, subcontractors or suppliers of any tier, and Contractor’s indemnification, hold harmless and defense obligation shall include, but not be limited to, all cleanup and remedial costs, diminution in the value of Agency or City property, fines, judgments, actions, penalties, administrative proceedings, demands, damages, mitigation, as a result of Contractor's acts or omissions pursuant to this Agreement, and reasonable legal fees and costs incurred by Agency in connection with any such violation or the enforcement of this provision.

5. The following insurance requirements apply to this Agreement:

A. GENERAL INSURANCE REQUIREMENTS FOR ALL POLICIES.

(1) Any insurance coverage required herein that is written on a “claims made” form rather than on an “occurrence” form shall (i) provide full prior acts coverage or have a retroactive date effective before the date of this Agreement, and (ii) be maintained for a period of at least three (3) years following the end of the term of this Agreement or contain a comparable “extended discovery” clause. Evidence of current extended discovery coverage and the purchase options available upon policy termination shall be provided to City.

(2) All policies of insurance shall be issued by insurance companies licensed to do business in the state of Utah and either:

(a) Currently rated A- or better by A.M. Best Company;

—OR—

(b) Listed in the United States Treasury Department’s current Listing of Approved Sureties (Department Circular 570), as amended.

(3) Contractor shall furnish certificates of insurance, acceptable to City, verifying the foregoing matters concurrent with the execution hereof and thereafter as required.

(4) In the event any work is subcontracted, Contractor shall require its subcontractor, at no cost to City, to secure and maintain all minimum insurance coverages required of Contractor hereunder.

(5) All required certificates and policies shall be endorsed as needed to provide that coverage thereunder shall not be canceled or modified without providing, in a manner approved by the City Attorney, 30 days’ prior written notice to City or 10 days’ prior written notice for cancellation due to non-payment of premiums.

B. REQUIRED INSURANCE POLICIES. Contractor, at its own cost, shall secure and maintain during the term of this Agreement, including all renewal terms, the following minimum insurance coverage:

(Note: Unless other limits, types of insurance, or terms are agreed to by the City

Attorney’s Office, the following are the insurance requirements that will be required for this Agreement.)

(1) Workers’ compensation and employer’s liability insurance sufficient to cover all of Contractor’s employees pursuant to Utah law, unless a waiver of coverage is allowed and acquired pursuant to Utah law. In the event any work is subcontracted, Contractor shall require its subcontractor(s) similarly to provide workers’ compensation insurance for all of the latter’s employees, unless a waiver of coverage is allowed and acquired pursuant to Utah law.

(2) Commercial general liability (CGL) insurance with a policy endorsement naming Salt Lake City Corporation as an additional insured on a primary and non-contributory basis in comparison to all other insurance including City’s own policy or policies of insurance, in the minimum amount of $1,000,000 per occurrence with a $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate. The policy shall include contractual liability insurance for the indemnity provided under this Agreement. These limits can be covered either under a CGL insurance policy alone, or a combination of a CGL insurance policy and an umbrella insurance policy and/or a CGL insurance policy and an excess insurance policy. The policy shall protect City, Contractor, and any subcontractor from claims for damages for bodily injury, including accidental death, and property damage that may arise from Contractor’s operations under this Agreement, whether performed by Contractor itself, any subcontractor, or anyone directly or indirectly employed by either of them. Such insurance shall provide coverage for premises operations, acts of independent contractors, products and completed operations.

(3) Commercial automobile liability insurance that provides coverage for owned, hired, and non-owned automobiles used in connection with this Agreement in the minimum amount of a combined single limit of $1,000,000 per occurrence or $500,000 liability per person, $1,000,000 liability per occurrence, and $250,000 property damage. These limits can be reached either with a commercial automobile liability insurance policy alone, or with a combination of a commercial automobile liability insurance policy and an umbrella insurance policy and/or a commercial automobile liability insurance policy and an excess insurance policy. If the policy only covers certain vehicles or types of vehicles, such as scheduled autos or only hired and non-owned autos, Contractor shall only use those vehicles that are covered by its policy in connection with any work performed under this Agreement.

(4) Professional liability insurance in the minimum amount of $1,000,000 per occurrence with a $1,000,000 annual aggregate limit.

6. Contractor shall obey all federal, state, county, and municipal laws, ordinances, regulations, and rules applicable to its operations. Said laws include, but are not limited to, the Equal Employment Opportunity laws, the Fair Labor Standards Act, Occupational Safety & Health Administration (OSHA) laws, Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and the Utah Immigration Accountability and Enforcement Act. Any violation of applicable law shall constitute a breach of this Agreement and Contractor shall hold Agency harmless from any and all liability arising out of, or in connection with, said violations including any attorney's fees and costs incurred by Agency as a result of such violation.

7. Agency may terminate this Agreement for any reason, and without any liability therefor, upon giving Contractor 30 days prior written notice. Such notice shall be sent to the last known address of Contractor.

8. Agency may, without prejudice to any right or remedy, and without the necessity of giving the 30 day notice provided in paragraph 7 above, terminate this Agreement for cause in the event Contractor fails to fulfill, in a timely or satisfactory manner, any of the terms and conditions set forth in this Agreement and fails to cure such failure within seven days after written notice from Agency of such failure.

9. If this Agreement is terminated as provided herein, Agency shall pay Contractor on the basis of actual services satisfactorily performed as calculated by Agency.

10. Contractor, for itself, its successors and assigns, as part of the consideration provided under this agreement, covenants that no person shall be excluded from participation in, denied the benefits of, or be otherwise subject to unlawful discrimination in the furnishing of services hereunder on the grounds of race, color, national origin, age, sex, religion, disability, sexual orientation or gender identity, unless the characteristic in question is a bona fide occupational qualification.

11. REPRESENTATION REGARDING ETHICAL STANDARDS FOR AGENCY

OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES.

Contractor represents that it has not: (1) provided an illegal gift or payoff to a City or Agency officer or employee or former Agency or City officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or

(4) knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code.

12. GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT. Agency is subject to the requirements of the Government Records Access and Management Act, Chapter 2, Title 63G, Utah Code Annotated or its successor (“GRAMA”). All materials submitted by Contractor pursuant to this Agreement are subject to disclosure unless such materials are exempt from disclosure pursuant to GRAMA. The burden of claiming an exemption from disclosure shall rest solely with Contractor. Any materials for which Contractor claims a privilege from disclosure shall be submitted marked as “Business Confidential” and accompanied by a concise statement of reasons supporting Contractor's claim of business confidentiality. Agency will make reasonable efforts to notify Contractor of any requests made for disclosure of documents submitted under a claim of business confidentiality. Contractor may, at Contractor’s sole expense, take any appropriate actions to prevent disclosure of such material. Contractor specifically waives any claims against Agency related to disclosure of any materials required by GRAMA.

13. Contractor shall at all times comply with all Federal, State, and local environmental laws and regulations as the same may apply to Contractor's acts and responsibilities, in connection with this Agreement, and use due care with respect to such acts or responsibilities. Upon occurrence or discovery of any matter having adverse environmental impacts, which matter is the act or within the responsibility of Contractor, Contractor shall immediately notify City’s Sustainability Program Director, and promptly take at its sole expense all necessary actions to comply with all relevant environmental laws.

13. Contractor is not an employee of Agency for any purpose whatsoever. Contractor is an independent contractor at all times during the performance of the services specified herein.

14. All notices shall be directed to the following addresses:

City: Salt Lake City Corporation Attn.: City Contracts Administrator, Purchasing

(For U.S. Postal Service delivery) P.O. Box 145455 Salt Lake City, UT 84114-5455

With a copy to:

City: Salt Lake City Corporation

Attn.:

(For U.S. Postal Service delivery) P.O. Box 14____ Salt Lake City, UT 84114-____

-OR-

(For hand delivery or express courier delivery)

Contractor: Ø

Attention:

15. This Agreement may be assigned by either party but only with the prior written consent of the other party.

16. Contractor's obligations are solely to Agency and Agency’s obligations are solely to

Contractor. This Agreement shall confer no third party rights whatsoever.

17. Contractor certifies that it is not presently nor has ever been debarred, suspended, proposed for debarment, or declared ineligible by any governmental department or agency, whether international, national, state, or local. Contractor must notify City’s Contracts Administrator within thirty (30) days if Contractor has been debarred, suspended, proposed for debarment, declared ineligible, or involuntarily excluded from participation in any contract by any governmental entity during this Agreement.

18. This Agreement embodies the entire Agreement between the parties relating to the subject matter of this Agreement and shall not be altered except in writing signed by both an authorized representative of Contractor and by City’s Mayor or the Mayor’s designee. The terms of this Agreement shall supersede any additional or conflicting terms or provisions that may be set forth or printed on Contractor’s work plans, cost estimate forms, receiving tickets, invoices, or any other related standard forms or documents of Contractor that may subsequently be used to implement, record, or invoice services hereunder from time to time, even if such standard forms or documents have been signed or initialed by a representative of Agency. The intent of the parties is that the terms of this Agreement shall prevail in any dispute between the terms of this Agreement and the terms printed on any such standard forms or documents, and such standard forms or documents shall not be considered written amendments of this Agreement.

19. This Agreement shall be enforced in and governed by the laws of the state of Utah.

20. Contractor shall ensure that any information or materials developed for public access pursuant to this Agreement conforms to the standards set forth in the Salt Lake City Communications & Engagement Guide for Consultants, and such information or materials shall not be released until approval is received in writing from both the City Communications Team and the department project manager.

(Signature page follows)

The parties are signing this Agreement as of the date stated in the introductory clause.

SALT LAKE CITY CORPORATION

By _______________________________

Title ______________________________

ATTEST AND COUNTERSIGN:

Office of the City Recorder

APPROVED AS TO FORM

Salt Lake City Attorney’s Office

Date _______________________________

Sign _______________________________

Print name: __________________________

Ø

By ________________________________

Title _______________________________

CITY AGREEMENT. ¥

EXHIBIT “A”

SCOPE OF WORK

I. GENERAL

A. Contractor, if doing business under an assumed name, i.e. an individual, association, partnership, corporation, or otherwise, shall be registered with the Utah State Division of Corporations and Commercial Code.

NOTE: Forms and information on how to get registered may be obtained by calling

(801) 530-4849 or by accessing www.corporations.utah.gov .

B. Contractor shall assume full responsibility for damage to Agency property caused by

Contractor's employees or equipment as determined by designated Agency personnel.

C. Contractor shall be solely responsible for the safety of Contractor's employees and others relative to Contractor's work, work procedures, material, equipment, transportation, signage, and related activities and equipment.

D. Contractor shall possess and keep in force all licenses and permits required to perform services under this Agreement.

E. No guarantee of the actual service requirement is implied or expressed by this

Agreement. Service requirements shall be determined by actual need.

F. Before notice to proceed, Contractor shall submit its company safety program to the

Public Utilities Department’s Safety Program Manager addressing specific work activities and associated hazards. The safety program shall be in compliance with Utah Occupational Safety and Health Administration (UOSH) regulations, Environmental Protection Agency (EPA) regulations, National Fire Protection Association (NFPA) regulations, Utah Department of Transportation (UDOT) regulations and any other federal, state, or local regulations. The safety program shall include requirements applicable to the scope of its work, the protection of its employees, employees and owners of buildings and property adjacent to the work area. The safety program shall include the operations of Contractor’s sub-contractors, at any tier, and include environmental protection, safety, occupational health, respiratory protection, hearing conservation, fire prevention protection, and hazardous materials handling requirements as applicable. The safety program documents shall be reviewed and approved by the Public Utilities Department’s Safety Program Manager prior to notice to proceed.

II. RESPONSIBILITIES OF CONTRACTOR

The responsibilities of Contractor include, but shall not be limited to, the following.

SAMPLE LANGUAGE

A. Contractor shall provide garbage, recycling, green waste and trash collection and hauling services for Agency on an “as needed” basis.

B. Contractor's Personnel.

1. Contractor shall provide sufficient personnel to accomplish the required services as scheduled. All personnel shall be skilled in the various tasks assigned to them and shall at all times be in safe and suitable clothing that is clean and presentable.

2. Contractor shall provide a competent, well-trained and experienced supervisor who shall be availabe during the length of each shift. Contractor shall provide Agency with the name of on-duty supervisors and where they may be contacted.

3. Contractor shall be responsible for proper personal conduct of all of

Contractor’s personnel while they are on the premises or providing services hereunder. All City and Agency buildings are smoke-free and Contractor and Contractor's employees shall adhere to this policy. Contractor shall not employ any person(s) on or about the premises that, while on the premises, use improper language, act in a loud or boisterous manner, abuse controlled substances, consume alcoholic beverages, or use tobacco products. Contractor shall remove any employee whose conduct Agency believes to be detrimental to the best interest of Agency. No family members or friends of Contractor’s employees who are not also employed by Contractor shall be in or around the building while the janitorial work is being performed. Employees shall leave the premises immediately at the conclusion of their shift.

C. Agency may, at any time, audit invoices for purchases made by Agency from

Contractor under this Agreement.

III. DELIVERABLES

Contractor shall provide Agency with the following:

A. Task 1 Operations and Management

Bidder is responsible for all operations and management of services. These responsibilities include but are not limited to:

1. Collection Schedule- Work with Agency and location designee to create a collection schedule.

a. Bidder must provide clear and detailed instruction for locations to follow which shall ensure efficient collection and hauling and minimizing issues that result in failure to collect and refusal of items.

b. Bidder’s plan must account for holidays, local events that may require additional collections and weather conditions.

2. Staff Management-Bidder shall secure adequate staff be available for all routine collections, and special events yet to be named.

a. Bidder shall designate a coordinator who shall be accessible 24-hours per day, 7-days per week in the event of an emergency. Bidder shall provide Agency with phone numbers for Bidder’s coordinator, dispatch center, billing department, and the 24-hour emergency service.

3. Invoicing- Bidder must submit monthly program reports with monthly invoices to Agency’s designee for this Agreement within ten (10) working days after the end of each month. For each Agency site receiving service hereunder, Bidder’s monthly program report must, at a minimum, report the following:

a. Location serviced

b. Size and type of container

c. Detail of service dates or number of pickups provided during billing month

d. Actual or estimated tonnage or volume of material collected, by type (green waste, corrugated cardboard, single stream mixed recycling, and refuse.)

4. Annual Report - Submit an annual calendar year report to Agency’s designated contract administrator for this Agreement by the last working day of February of each year, to be used for City’s carbon inventory. The following shall be reported annually:

a. Total approximate miles traveled while performing services for City hereunder for each vehicle.

b. Total amount of fuel used to travel such miles while performing services for City hereunder, by type of fuel.

c. Actual or estimated weight of material, by material type (garbage, green waste, cardboard, or mixed recyclables) collected from each City facility.

d. Description of any vehicle accidents, property damage, or infractions.

B. Task 2

Acceptable Types of Refuse for Collection

The following materials shall be accepted in all the provided program services. Agency and City shall work with Bidder to update this list of accepted items on an annual basis.

1. Acceptable Recyclable Materials- Recycling shall go to a recyclable material recovery facility (“MRF”) approved by the City.

The following recyclable materials shall be accepted in all the recycling program services. It shall be in violation of this Agreement for Bidder to deposit recyclable or compostable materials collected through any of the recycling collection services provided in a sanitary landfill, without the prior written approval of City’s contract administrator and Agency designee. City and Bidder shall cooperate to reduce or eliminate non-recyclable or non-compostable waste being placed in the containers.

a. All paper, paper-based, and cardboard products including, but not limited to, newspapers, including all paper inserts, corrugated and non-corrugated cardboard, paper grocery bags, magazines, office paper (any color), cereal boxes, shoe boxes, cards (all kinds), egg cartons, toilet paper and paper towel cores, advertising flyers, posters, and similar junk mail-type items, including those with glossy and color finishes.

b. Aluminum cans.

c. Tin cans.

d. PET bottles with the symbol #1 – with screw tops only – empty

e. HDPE plastic bottles with the symbol #2 (milk, water bottles detergent, and shampoo bottles, etc.) – empty

f. Plastic containers with symbols #4 or #5 – empty (no expanded polystyrene)

2. Garbage and Refuse - The City is joint owner of the Salt Lake Valley Solid Waste Management Facilities (“SLVSWMF”) including a transfer station, landfill, and composting operation. Bidder shall haul and deliver garbage and refuse (non-recyclables and non-green waste/compostables). Refuse may go to Salt Lake Valley Transfer Station, Salt Lake Valley landfill, or Ace Intermountain Recycling Center (AIRC).

3. Green Waste and Compostables - All green waste may only go to Salt Lake Valley landfill, or other organic material processing facility approved by City.

C. Task 3

Collection and Hauling

Bidder is expected to make progress towards the City’s waste diversion goals. Failure to acknowledge and advance City’s waste diversion goals will be grounds for termination of resulting Agreement by City and/or Agency.

1. Recycling - Deliver recyclable material to a recyclable material recovery facility (“MRF”) approved by Cit. and/or Agency. It is a violation of this Agreement for Contractor to deposit recyclable materials separated for collection in a sanitary landfill or any other facility unless approved by City and/or Agency.

2. Refuse - Dispose of refuse at the Salt Lake Valley Transfer Station located at 502 West 3300 South or the Salt Lake Valley Landfill located at 6030 West California Avenue. Dispose of refuse in front-load containers at either of these locations or Ace Intermountain Recycling Center (AIRC) located at 1240 Wallace Rd, Salt Lake City, UT 84104.

3. Green Waste - Deliver vegetative debris to the Salt Lake Valley Landfill, or an organic material processing facility approved by City and/or Agency. It is a violation of this Agreement for Contractor to deposit recyclable materials separated for collection in a sanitary landfill or any other facility unless approved by City and/or Agency.

4. Collection Containers –

a. Provide pick-up and delivery of containers during Bidder’s normal business hours. However, Bidder shall also provide pick-up and delivery of containers at any time of day, any day of the week, during emergency situations (as determined by City) when Agency requests emergency service.

b. Keep the ground area next to each container free of refuse and dispose of all refuse at Agency approved locations.

c. Maintain containers in good working condition throughout the term of this Agreement. Containers shall be steam cleaned as required by Agency designee. This work shall be accomplished off Agency property, with containers to be picked up, cleaned, and returned to Agency by Bidder.

d. Keep all collection equipment and containers in working order. Repair, repaint and refurbish all containers on as needed basis at Bidder’s expense.

e. Submit monthly program reports with your monthly invoices to City’s designated contract administrator for this Agreement within ten (10) working days after the end of each month. For each City site receiving service hereunder, Contractor’s monthly program report must, at a minimum, report the following:

i. Location serviced

ii. Size and type of container

iii. Detail of service dates or number of pickups provided during billing month

iv. Actual or estimated tonnage or volume of material collected, by type (green waste, corrugated cardboard, single stream mixed recycling, and refuse.)

f. If any situation arises that causes Bidder to temporarily deviate from its normal pick-up schedule, Bidder shall promptly report such deviation and the temporary revised schedule to Agency designee. Contractor shall use its best efforts to avoid such situations and deviations from its normal pick-up schedule.

5. Meetings - Bidder shall meet quarterly with Agency designee to ensure efficiency of operation and discuss matters relating to the agreement. Agency designee may alter the frequency of such meetings at its discretion if it determines that service conditions require either more frequent or less frequent meetings.

D. The data used in compiling, and the results of, any tests, surveys or inspections, as well as all photographs, drawings, renderings, schedules, data processing output, computations, studies, audits, reports, models, and other items of like kind prepared by Contractor, its employees and consultants, shall be the property of Agency on which Agency shall own the copyright. Contractor may retain reproducible copies of all of the foregoing documents for information and reference and customary marketing and public relations. The originals of all of the foregoing documents shall be delivered to Agency upon completion of the work and before final payment is made. This provision may be enforced by an order of specific performance and is independent of any other provision of this Agreement.

IV. DISCLOSURE OF CITY RECORDS

Because Agency shall own the documents generated by Contractor pursuant to this Agreement, Contractor shall not, without written approval by Agency, disclose publicly said records.

Contractor understands that the information obtained in the performance of this Agreement is confidential and may be shared with employees of Agency or others only on a need to know basis.

CITY AGREEMENT- ¥

EXHIBIT “B”

PRICE SCHEDULE

I. GENERAL

A. Prices stated include all costs associated with the performance of the services specified, including materials, supervision, labor, insurance, transportation, delivery, fuel or other surcharges, demurrage, and related costs. No other charges shall be allowed. All prices and fees are stated in U.S. dollars.

B. Agency is exempt from sales, use, and federal excise taxes on these products and services. Exemption certificates shall be furnished upon request.

C. Prices stated shall be firm for the first two (2) years of this Agreement. Requests for price adjustment thereafter shall follow the requirements specified in Paragraph III, Price Adjustment. Any stated discount percentages shall be firm for the full term of this Agreement, including any renewal terms.

II. PRICING FEES

A. The total combined price to be paid for all services provided by Contractor pursuant to this Agreement shall not exceed $___________.

B. Early payment discount: (Complete if applicable)

III. PRICE ADJUSTMENT.

Prices stated are firm for the initial 2-year term of this Agreement. If this Agreement is extended for additional periods, price adjustments may be made; however, any request for a price adjustment shall be made at least 30 days before the beginning date of the contract renewal period. Contractor may calculate and make a written request to Agency that the prices for the next renewal year be increased by the lesser of three percent (3%) or the percentage increase, if any, in the latest published Consumer Price Index, All Urban Consumers (CPI-U), “US City Average” published by the Bureau of Labor Statistics of the US Federal Government for the most recent twelve (12) month period, and Agency shall respond to such request. Price adjustment requests received at least 30 days before the beginning date of any subsequent contract year may become effective on the beginning date of the next contract year and price adjustment requests received fewer than 30 days before the beginning date of the next contract year may, at Agency’s discretion, become effective 30 days after Agency’s receipt of the price adjustment request. If publication of said CPI index should cease, such percentage increase shall be determined by reference to a similar index, or as agreed upon by the parties.

Contractor shall send all requests for price adjustment to the City Contracts Administrator at the address listed in Section 14 (Notices) of this Agreement.

IV. INVOICING AND PAYMENT

Agency shall pay Contractor for all products and services provided by Contractor pursuant to this Agreement. Contractor shall submit a written invoice, for services rendered and Agency shall pay the invoiced fee within thirty (30) days after receipt of the invoice by Agency.

Contractor shall list the Agency contract number on all invoices, quotes, correspondence, and documentation relating to this contract.

Agency prefers a paperless invoice and payment process. Include the contract number on all invoices and email invoices for this agreement to: ______________________@slcgov.com

(eft payment setup forms may be requested using this email address: ap.payments@slcgov.com)

If unable to email invoices, mail the paper invoice to:

Salt Lake City Corporation

£, Attn.:

P.O. Box ______ Salt Lake City, UT 84114-____ mailto:ap.payments@slcgov.com