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<br />an expiration date of August 31, 2007 to September 1, 2012. From the date of <br />signing this agreement to September 1, 2012, the District will make "best efforts" <br />to amend certain provisions of its existing franchise agreement with WMAC to <br />make the service level compatible with the services provided by the City's solid <br />waste, green waste and recycling services contractor, ACI. The District is <br />currently able to provide unlimited recycling. However, it may not be possible <br />for the District to economically achieve additional service levels that are totally <br />compatible with the City's until the District's current franchise agreement with <br />WMAC expires on August 31,2012. <br /> <br />IV. Beginning with a new service contract on or about September 2012, the District <br />will include all City-requested provisions such as collection of used automobile <br />oil filters, collection of food waste, collection of solid waste from street cans, <br />public buildings and parks, etc. <br /> <br />V. It is the City's intention to consider adoption of a "municipal service fee" equal to <br />10% of all garbage, green waste and recycling collection billings within the L3 <br />area. If the City adopts this fee, the District will: <br /> <br />i. Effective September 1, 2006, amend its current residential, multi- <br />family, commercial and industrial qarbaqe fee schedules to include a <br />10% "municipal service fee" for the L3 area. The District will within 30 <br />days of collection, either remit this fee either directly to the City or, at <br />the District's option, instruct WMAC to remit this fee, and to include in <br />the initial customer billing (L3 area only) a notation indicating an <br />increase in rates based on annual CPI increases and the imposition of <br />a "municipal service fee" by the City, to cover the cost of refuse service <br />at City facilities, trash containers on arterials, street maintenance and <br />repairs. The City will provide the District with a written explanation that <br />describes the purpose of the new fee and provide a City contact <br />telephone number for customers with questions, and; <br />II. Effective July 1, 2006, add a 10% "municipal services fee" to the AB <br />939 recyclinq fee (L3 area residents only) that is collected with the tax <br />bill in December and April of each year. The District will remit the fee <br />directly to the City within 30 days of receipt from the Alameda County <br />Tax Collector. <br /> <br />VI. The District agrees to remit to the City an amount up to 1/3 of all Measure D <br />Fees collected by the District during the previous fiscal year on behalf of the L3 <br />area (currently, the City's share would be approximately $43,000), for payment <br />or reimbursement of actual costs associated with co-sponsoring certain <br />additional recycling programs or events, which, in the sole opinion of the City, <br />are compatible with other city recycling programs and are in the best interest of <br />the residents within the L3 area. The District will pay vendors or release such <br />funds to the City provided that the use of these funds is in compliance with the <br />provisions of Measure D. <br />810887-1 3 <br />