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RESOLUTION 68-23 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF FOURTH AMENDMENT TO FRANCHISE AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND GREENWASTE RECOVERY, INC. WHEREAS, the Town of Los Altos Hills ("Town") and GreenWaste Recovery, Inc., a California corporation ("Franchisee") previously entered into an agreement titled "Franchise Agreement Between the Town of Los Altos Hills and GreenWaste Recovery, Inc. for Collection and Processing of Compostable Materials, Recyclable Materials and Yard Trimmings", dated June 28, 2019 and amended on July 16, 2020, November 18, 2021 and January 1, 2023 ("Franchise Agreement"); and WHEREAS, the Franchise Agreement includes a fifteen year term beginning July 1, 2019 and ending on June 30, 2034; and WHEREAS, the Town entered into an Agreement for Disposal of Municipal Solid Waste with International Disposal Corp. of California on April 11, 1989 ("Disposal Agreement") that expires on November 21, 2023. WHEREAS, the Disposal Agreement directs Franchisee to transport all Non -Recyclable and Non- Compostable items collected, materials that cannot be processed and residues to be disposed of from processing Mixed Compostable Materials, Recyclable Materials and Yard Trimmings collected by Franchisee from Service Recipients, to the Newby Island Landfill. WHEREAS, the Town would like to amend the Franchise Agreement to allow Franchisee to dispose of Mixed Compostable Materials, Recyclable Materials and Yard Trimmings collected by Franchisee from Service Recipients, to Franchisee's network of facilities. In consideration of Franchisee selecting a Designated Disposal Site pursuant to Article 1. 1, Franchisee will remit $25,000 to the Town yearly. WHEREAS, the Parties desire to amend the Franchise Agreement as described in the Fourth Amendment to Franchise Agreement between the Town of Los Altos Hills and GreenWaste Recovery, Inc. ("Fourth Amendment") effective November 21, 2023. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby resolve as follows: 1. Approve Fourth Amendment, attached hereto and incorporated herein, as Exhibit I. 2. Authorize the City Manager to execute the Fourth Amendment, subject to any minor modifications that are approved as to form by the City Attorney that do not substantially increase the City's obligations hereunder. Resolution 68-23 Page I