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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION N0.2009-052 (1078) RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND ALAMEDA COUNTY INDUSTRIES, INC. WHEREAS, the City of San Leandro ("City") and Alameda County Industries, Inc.("ACI"), executed that certain Franchise Agreement for Solid Waste, Recyclables, and Green Waste Services between the City of San Leandro and Alameda County Industries, Inc., dated February 1, 2000 ("Franchise Agreement"); and WHEREAS, the Franchise Agreement has been amended by the City and ACI from time to time; and WHEREAS, the City and ACI desire to amend the Franchise Agreement, by letter amendment, to modify the franchise services provided by ACI; and WHEREAS, pursuant to the letter amendment, ACI will be authorized to implement a ten percent (10%) rate increase for all rates effective July 1, 2009; and WHEREAS, pursuant to the letter amendment, the City will not approve rate increases in any future years of the Franchise Agreement until the City and ACI come to an agreement on a new rate adjustment process and such process is amended in the Franchise Agreement; and WHEREAS, said letter amendment to the Franchise Agreement, a copy of which is attached hereto, has been presented to the City Council. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: That said letter amendment is hereby approved and execution thereof by the City Manager, or his designee, is hereby authorized. Introduced by Councilmember Prola and passed and adopted this 6~' day of April, 2009, by the following called vote: