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68-23
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68-23
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Last modified
8/22/2023 11:05:48 AM
Creation date
8/22/2023 10:32:43 AM
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Resolutions
Number
68-23
Date
08/17/2023
Description
Approving and Authorizing Execution of Fourth Amendment to Franchise Agreement Between the Town of Los Altos Hills and GreenWaste Recovery, Inc.
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2. Amendments to Franchise Agreement. The following portions and sections of the <br />Franchise Agreement, as amended, are hereby amended as follows, with additions in bold italics and <br />deletions in st-Fi eg r ough tex : <br />a. Amendment to Article 1.18 <br />Designated Disposal Site — "Designated Disposal Site" means a permitted disposal <br />facility. The Town approves all permitted disposal facilities as Designated Disposal <br />Sites, including but not limited to the Monterey Peninsula Landfill. the Now -by <br />Agr-eefnent for- Disposal of Mtmieipal Selid Waste between the Town and h4emational <br />Disposal C;eFp. of fe errter-ed-ifAo as of A01 11, 1999, s eet to the } e inions <br />in Seetion 8. 1.1 of the Agfeemetll. <br />b. Amendment to Article 8. 1.1 <br />Delivery of Materials — Franchisee shall transport all Non -Recyclable and Non- <br />Compostable items collected, materials that cannot be processed and residues to be <br />disposed of from processing Mixed Compostable Materials, Recyclable Materials and <br />Yard Trimmings collected by Franchisee from Service Recipients, to a Designated <br />Disposal Site. the No.,, y Island Landfill r nt to the to,.ms of the n goo i# f <br />Dispesa4 of Mtmieipal Solid Waste between the Town a*d Latemationai Disposal <br />Island Landfill is not -a le, the Town feserwes- the right -t e Fr chile <br />disposal at an altemative leeation if sueh now laeation results in iner-eased rates to <br />per-eepA (3.17 l <br />c. Additions to Section 12.4 <br />Payments to Town — Beginning July 1, 2019 and through June 30, 2023, Franchisee <br />shall not charge nor be required to remit any Franchisee Fee to Town. Unless otherwise <br />directed by the Town and authorized by the City Council, beginning on July 1, 2023 <br />and annually thereafter, Franchisee shall, in partial consideration for granting the <br />exclusive franchise granted to Franchisee, add to all then current rates a Franchise Fee <br />that will permit Franchisee to remit to the Town a seven and fifty-two percent (7.52%) <br />Franchise Fee, then adjust the rates set forth in EXHIBIT B based on the formula <br />provided in Section 13.2 of this Agreement. Franchisee shall remit to Town, within <br />ten (10) days of the end of each month, a Franchise Fee in the amount of seven and <br />fifty-two percent (7.52%) of all revenues received in the prior month relating to the <br />performance of this Agreement, including but not limited to Service Rates and Extra <br />Services fees. This payment to Town shall be accompanied by sufficient <br />documentation to identify the source of all revenues. This documentation shall <br />include, at a minimum, specifics for each account, the amount billed, the amount <br />collected, a listing of accounts which received Extra Services and the amount of Extra <br />Services provided, and a listing of accounts which are delinquent. <br />Resolution 68-23 Page 4 <br />
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