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ACI Rate <br />July 20, 2009 <br />• Modify quarterly reports to provide the City with more detailed and useful information; <br />• Conduct annual independent accountant financial testing; <br />• Make adjustments to the Revenue Neutrality fee so that it is consistent with the fees paid <br />by the Davis Street Transfer Station; and <br />• Use a Refuse Rate Index to calculate annual rate increases to more accurately reflect cost <br />increases realized by the waste industry. <br />In addition to completing the Review and Assessment, the City entered into negotiations with <br />ACI to provide additional services and enhancements to the Agreement as part of the contract <br />extension. Modifications to the Agreement include: <br />• Extending the contract for up to five additional years contingent on the replacement of at <br />least three collection vehicles per year with natural gas-powered vehicles; <br />• Adjusting rates annually using a Refuse Rate Index (RRI) instead of the Consumer Price <br />Index (CPI) and foregoing the rate comparison process at five year intervals; <br />• Providing free solid waste, recyclables, and green waste collection services to the San <br />Leandro Unified School District at no charge to the District; <br />• Adjusting fees paid to the City annually by CPI; <br />• Providing additional curbside collection services to residents; <br />• Providing a 60% discount on debris box collection services to the City; and <br />• Sharing revenues from the sale of recyclable materials by providing a credit to ratepayers <br />in the form of annual adjustments to the rates. <br />Lastly, the City contracted with R3 a second time to verify ACI's current financial condition and <br />to assess the impact of the recent 10% rate increase and the proposed amendments on its <br />financial condition. The results of this review indicate that although there is risk associated with <br />trying to accurately project revenues from the sale of recyclable materials in the future, ACI will <br />likely be able to make its bank covenants through the term of the contract.. <br />Current City Council Policy <br />N/A <br />Previous City Council Action(s) <br />Resolution No. 2000-8 approving a Franchise Agreement for Solid Waste, Recyclables and <br />Green Waste Services between the City of San Leandro and Alameda County Industries, Inc. <br />Resolution No. 2006-141 approving a Letter Amendment to the Agreement between the City of <br />San Leandro and Alameda County Industries, Inc. for the purpose of providing additional <br />curbside collection services to businesses and residents. <br />Resolution No. 2009-052 approving a Letter Amendment to the Agreement between the City of <br />San Leandro and Alameda County Industries, Inc. for the purpose of implementing a 10% rate <br />increase as of July 1, 2009. <br />City Council Committee Review and Action <br />N/A <br />