25F - AGMT EXTENSION OF THE SOLID WASTE SERVICES

Home Browse Search

for each applicable period, provided that the actual amount payable to the CITY under this Agreement remains unchanged from the Fourth 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 Fourth Amended Agreement between the parties. This amount may be increased or decreased by resolution of the City Council and, whenever said franchise fee is increased or decreased by resolution of the City Council, CONTRACTOR shall be required to pass through to all Customers one hundred (100%) percent of the amount of such increase or decrease, and CITY shall pass through one hundred (100%) percent of the amount of such increase or decrease to its Residential Curbside Service Units. 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. Gross Receipts derived from charges for residential extra cart service shall be exempt from franchise fee. (b) Failure of CONTRACTOR to make any of the payments provided for in section (a) above on or before the dates due will result in a penalty of ten (10%) percent per month to CONTRACTOR. (c) The parties agree that because of the unpredictability of costs required to develop and implement an organic materials recycling program that meets the requirement of State law under AB 1826, the City will institute an AB 1826 surcharge to create a fund from which to compensate the CONTRACTOR for the actual services provided toward AB 1826 compliance. This surcharge will be applied to gross receipts derived from all billed services, inclusive of franchise fee, to commercial and roll -off customers, excluding recycling services. Beginning in July 1, 2018, the AB 1826 surcharge will be 1.12%. The percentage amount will be adjusted to 2.64% effective July 1, 2019. After July 1, 2019, the organic material recycling program will be evaluated to determine the most effective and efficient method to continue to fund and meet this State mandate. CONTRACTOR agrees to collect and pay the City all revenues collected under this provision on a monthly basis and shall be due and payable together with the franchise fee as required under section 10(a). 11. AUTOMATED SYSTEM: (a) -(f) Intentionally Omitted (g) REPLACEMENT OF RESIDENTIAL AND COMMERCIAL COLLECTION VEHICLES: When any collection vehicles used by CONTRACTOR to provide services under this Agreement, have reached the end of their useful lives, the CONTRACTOR will provide at its expense, new low -emission collection vehicle replacements which meet or exceed the emission requirements of all Federal, State or Local air quality laws or regulations. All residential collection vehicles will display the City's recycling logo. The CONTRACTOR will also replace the Solid Waste collection and Recycling plastic carts as described in Exhibit A with new carts as needed. All replacement vehicles and carts provided shall be owned and operated by the CONTRACTOR. 25FL19