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Contract - Roto - 2001-04-23 EXHIBIT "D" TO ROTO PURCHASE AGREEMENT ( 41 INDUSTRIES, INC April 23rd, 2001 4� Robin B. Hamers Costa Mesa Sanitary District 234 17th Street, Suite 205 1 Costa Mesa, CA 92727 Dear Robin: Roto Industries, Inc. will provide at no cost to the DISTRICT a three-year container ;• management program including labor vehicles and storage area to sufficiently manage f--- the r ram and provide complete satisfactory customer service. s •7 This program will also include the tracking of serial numbers for all containers within the District. Upon request of the District Roto Industries, Inc. will provide an updated list on diskette for your review ;I Sincerely Perry Holmes. Vice President of Sales and Marketing I I ROTO Industries. Inc. 1251 N. Jefferson Street Anaheim. CA 92807 (714) 630-0272 FAX (714) 6306726 www rotoind corn .. .l ROTC PURCHASE AGREEMENT WHEREAS DISTRICT recognizes that Raul Rangel has a substantial ownership in Roto Industries, Inc. which is a family-owned corporation, and is sole shareholder in Costa Mesa Disposal, Inc. (hereinafter referred to as 'CMD"), the DISTRICT's current trash hauler which will provide smooth interaction between the product and the handler and continuity of service and a decreased workload for CMD and DISTRICT staff; and WHEREAS having related companies provide the containers and provide collection services implements a self-policing arrangement with respect to container care and truck adjustment; NOW THEREFORE, for and in consideration of the covenants contained herein, performed and to be performed, the parties hereto agree as follows: 1 The above Recitals are agreed upon by both parties to be part of and material considerations in entering into this Agreement. 2. ROTO agrees to provide containers in accordance with its base bid (not Option 1 2, or 3) for Item No. 527 and with supplemental information provided for 35 gallon containers and with other terms, conditions and specifications shown therein, El a copy of which is attached hereto as Exhibit 'B' and 'C' 3. ROTO agrees to provide the enhancements of a one-year rollout program at no cost to DISTRICT and a three-year container management program at no cost to District including manpower, vehicles and storage area to sufficiently manage the program and provide complete satisfactory customer service the details of which are set forth in Exhibit 'D' 4 ROTO agrees to use its best efforts to work with DISTRICT and its staff to provide a customer-friendly successful program. 5 ROTO and DISTRICT acknowledge the proposed program is for a semi- automated collection process (and not manual nor fully automated), and the parties agree that the goal is to provide sufficient containers for each resident so that I; excess trash (trash not fitting inside a closed container) will be minimized. ,' 6. ROTO agrees the purchase prices in Exhibit 'B' and 'C' shall be honored for the entire one-year rollout program and that subsequent price increases shall be subject to agreement and will be dependent upon the price of resin, the number of cans purchased and other relevant factors. 7 The parties agree that DISTRICT shall be notified and shall consent in fi writing to any changes in the container manufacturing process, such consent will not I ' be unreasonably withheld, and no changes shall be made that might decrease the life expectancy of the containers. 2 — -----