Agmt 2000 Alameda County Industries Inc ACI

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Remittance under Article 7.3. This compensation reimburses the City for franchise fees and tax revenue it would otherwise receive pursuant to Ordinance No 80-58 and Title II Chapter 2 of the San Leandro Municipal Cade (Business License). That portion of the compensation paid hereunderwhich represents the payments the City would have otherwise received under Section 6 of Ordinance $0-58, shall be adjusted upwards only on February 1 of each five year period of this Franchise Agreement, in the same manner and by the same formula as set forth in Section 6 of Ordinance 80-58, it being the intent of the Parties that the choice of Disposal site or facility by the Contractor shall be revenue neutral as th the City. Should Contractor choose to divert only a portion of Solid Waste and Green Waste then in such eventthe parties shall meet and confer on the calculation ofthe revenue neutrality payment with the intent to ensure no loss of revenue to the City. D. Measure D Revenue. Should Contractor not use the County System far Disposal, it shall make revenue neutrality payments to the Alameda County Waste ManagementAuthority in the amount and manner described by the City Representative. 3.6 GROWTH IN ACCOUNTS The Contractor shall provide service to all new Customers within the City requiring service during the Term of the Agreement 3.7 ANNEXATION The City shall promptly provide written notice to the Contractor regarding any geographic area that has been or will be annexed to the City. If such notice is given the provisions of the Agreement shall apply to the area of annexation, and the Contractor shall if legally permitted offer Franchise Services in the geographic area no later than ninety (90) days after receiving the written notice, unless otherwise directed by the City. 3.8 TITLE TO SOLID WASTE, RECYCLA6LES, AND GREEN WASTE It is expressly understood that all Solid Waste, Recyclables and Green Waste collected under this Franchise becomes the property of the Contractor at the point of collection, subject to the requirement of delivery of Solid Waste to a Disposal Site, Recyclables to a Recyclables Processing Facility and Green Waste to a Green Waste Processing Facility. 3.9 OFFER OF EMPLOYMENT The Contractor shall make a goad faith effortto offer employmentto displaced workers employed by the City's Solid Waste enterprise as of the Effective Date who desire employment with the Contractor. However, the Contractor is not required to (a) displace any of its currentemployees, (b) to modify its current job performance requirements or employee selection standards, (c) to alter its currentwage and employment conditions, except to the extent the Contractor and its Union(s) may agree to amend their collective bargaining agreement(s) far the purposes of offering employment to City Solid Waste enterprise workers and any subsequent transitional issues arising out of that employment with the Contractor; (d) to offer employment to more City workers than are needed to perform Franchise Services. The City has met and conferred with its Solid Waste enterprise r:~~~a~~~~~,z.~a ovoiioo Page 14 of 59