10B Action 2011 1017 - Laserfiche WebLink

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V. It is the City's intention to continue to impose a franchise fee on WMAC or other franchisee in the amount of 12% of total revenues generated from all solid waste /refuse collection billings within the L -3 area, through August 31, 2024. VI. The District agrees to remit to the City an amount up to 1/3 of all Measure D Fees collected by the District during the previous fiscal year on behalf of the L -3 area (currently, the City's share would be approximately $39,000), for payment or reimbursement of actual costs associated with co- sponsoring certain additional recycling programs or events, which, in the sole opinion of the City, are compatible with other cities' recycling programs or are in the best interests of the residents within the L -3 area. The District will pay vendors or release such funds to the City provided that the use of such funds is in compliance with the provisions of Measure D. VII. At least one year prior to the expiration of the franchise agreement between the District and WMAC or other franchisee, the City will advise the District in writing of any and all service level changes or enhancements for the L -3 area that they wish to include in the solid waste and recycling contract extensions with the District's existing contractor and /or included in a Request For Proposal issued pursuant to a competitive bid type process. Such request must be reasonably attainable, and reasonably consistent with similar services provided by, or scheduled to be provided by the City's solid waste /recycling contractor for City areas not encompassing the L -3 area. The City will further issue a similar letter to the District at least one (1) year prior to the expiration date of subsequent contracts negotiated by the District. VIII. City and District agree that this Agreement is in the best interests of the City, the District, and the residents and businesses in the L -3 area. Therefore, the City and the District hereby agree and endorse this Agreement as being in the best interests of their respective constituents. IX. The City and District hereby agree that each has taken the appropriate steps necessary to authorize and approve the Agreement stated herein. Specifically, the City Council took action at its meeting on and approved the terms and conditions set forth herein, and has authorized and directed the City Manager to enter into this final agreement regarding the matters stated herein. Similarly, the District Board of Directors has also taken action at its meeting on , and approved the terms and conditions set forth herein and authorized the execution of this final agreement. X. The City shall indemnify, defend and hold harmless the District and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, by (a) the willful misconduct, negligent violations of law, or negligent acts or omissions 4