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Memorandum of Understanding between the City of San Leandro and Oro Loma Sanitary District for Refuse, Green Waste and Recycling Services in the L3 Area This Memorandum of Understanding ( "Agreement ") is made and entered into as of the day of , 2011 by and between the City of San Leandro ( "City ") and Oro Loma Sanitary District ( "District "). RECITALS WHEREAS, the City and the District wish to extend an existing mutual Agreement regarding refuse and recycling services within the City, presently provided by the District through its franchise agreement with Waste Management of Alameda County (WMAC), by entering into a new Agreement. The District has designated the portion of the City that receives residential, commercial and industrial refuse and recycling services by WMAC as the "L -3" area; and WHEREAS, the City and District desire to enter into this Agreement to provide for the terms of service and the continuation of the Franchise Fee for the privilege of providing refuse services in the L -3 area; and WHEREAS, this Agreement will represent the entire and integrated Agreement between the City and District and, except as expressly set forth herein, will supersede all prior negotiations, representations, agreements or approvals, either written or oral; and WHEREAS, State law requires the City to be responsible for establishing and monitoring recycling programs to achieve defined goals for reducing the amount of refuse material that is placed in landfills. The City has the legal responsibility for recycling activities, in order to comply with the provisions of AB 939. The City has authorized the District to provide a recycling program in the L -3 area until September 1, 2012; WMAC presently provides this service for residents and businesses as part of its refuse franchise agreement with the District. The District is currently negotiating a new exclusive franchise agreement with WMAC for refuse service for an anticipated term of January 1, 2012 to August 31, 2024; and WHEREAS, the District wants to continue to provide refuse and recycling services in the L -3 area whether through an exclusive franchise with WMAC or another service provider; and WHEREAS, the City has the legal authority pursuant to its City Charter and the provisions of Chapter 5 -5 of the San Leandro Municipal Code to require payment of a franchise fee for the privilege of providing refuse collection services within the L -3 area; and 1