WASTE MANAGEMENT, INC. (NOW USA WASTE OF CA, FORMERLY GREAT WESTERN RECLAMA

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the person may not pay the buyer or the donee any sums, consulting fees or other fees in lieu of charging for collection, or other tangible consideration for collecting, Processing or transporting such segregated Recyclable Solid Wastes. A person who simply receives a discount of, or reduction in, the collection and disposal service rates of its unsegregated Solid Waste shall not be deemed to be selling or donating Recyclable Solid Wastes for purposes of this exception. (d) This Agreement shall not prohibit a gardener, tree trimmer or person engaged in landscape maintenance who has a business license to operate in the CITY from collecting yard waste or other organic Solid Wastes which it generates as an incidental portion of providing its licensed services. Any yard waste or other organic Solid Waste collected pursuant to the exception provided by this subsection must be transported by the gardener, tree trimmer or person to a composting facility permitted by the California Integrated Waste Management Board in accordance with all laws and regulations. (e) This Agreement shall not prohibit collectors of Solid Waste originating outside the CITY from hauling such Solid Waste over CITY streets, provided such collectors comply with any governing laws or ordinances. (f) CONTRACTOR's right to collect and/or dispose of Solid Waste shall not be exclusive in the event of a failure to collect under Section 34 of this Agreement during which CONTRACTOR fails to maintain substantially complete regular collection services pursuant to this Agreement and the collection schedules then in effect, for any reason, including a strike by CONTRACTOR's employees or similar labor dispute. The CITY may provide for collection and/or disposal by persons other than CONTRACTOR during such periods and may permit the public to obtain collection and/or disposal services from persons other than CONTRACTOR during such periods, including CONTRACTOR's Bin and/or Roll -Off Service Customers. (g) CONTRACTOR shall not have the exclusive right to collect and dispose of Solid Waste by providing Bin and/or Roll -Off Service if the conditions stated in Section 28(c) are applicable. 10. SOLID WASTE FRANCHISE FEE: (a) CONTRACTOR shall pay to the CITY, as a franchise fee, twenty-six and fifteen - hundredths percent (26.15%) of the Gross Receipts received by CONTRACTOR for each applicable period, provided that the actual amount payable to the CITY under this Agreement remains unchanged from the Third Amended Agreement. The parties agree that this franchise fee is intended to compensate the CITY in the same amount and in the same manner as in the Third Amended Agreement between the parties. This amount may be increased by resolution of the City Council and, whenever said franchise fee is increased by resolution of the City Council, CONTRACTOR shall be permitted to pass through to its Bin Service Customers and Roll -Off Service Customers one hundred (100%) percent of the amount of such increase. Payments to the CITY of said franchise fee shall be made to the CITY on a monthly basis and shall be due and payable on or before the last calendar day of the following month. Accompanying each payment will be a listing of the Gross Receipts for that corresponding month. CONTRACTOR shall, whenever requested to do so, make available such records to the Executive Director at any reasonable time. 0