Agmt 2009 Alameda County Industies Inc ACI (2)

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Tenth Amendment to Franchise Agreement Page 2 4. Effective July 1, 2010, the Revenue Neutrality payment specified in Section 3.5 of the Agreement, shall be adjusted on July 1 of each year to be equal to the sum of the per ton franchise fee and the per ton business license fee to be paid by the Davis Street Transfer Station on July 1 of that year. 5. Effective July 1, 2010, the MRF Permit Fee and the Residue Fee paid by ACI shall be adjusted by the Consumer Price Index (CPI) on July 1 of each year of the Agreement. ACI shall use the average change in CPI for the previous calendar year to calculate the adjustment. 6. Effective July 1, 2010, ACI shall collect household batteries from all recycling cart customers. To insure collection, customers shall place batteries in a sealed bag on top of their cart for weekly collection. The City of San Leandro shall pay for the cost to recycle Alkaline and Pile Lithium batteries. In addition, ACI shall collect latex paint, electronic waste and appliances containing freon from single-family and multi-family households as part of the Annual Bulky Goods service as specified in Sections 4.6 and 4.7 of the Agreement. 7. ACI shall design and print an informational brochure that identifies all of the services available to single-family households. The City and ACI will share the cost equally of mailing the brochure to every single-family household by August 1, 2010. 8. Effective February 1, 2010, ACI shall provide debris box service for garbage to the City at a 60% discount from the published debris box rates. 9. Effective July 1, 2010, and each July 1 thereafter, ACI shall share revenues on the sale of recyclable materials with ratepayers in the form of a ratepayer credit. Revenue from the sale of all recyclable materials processed at the 610 Aladdin facility, as identified from the Contractor's audited financial statements far the previous fiscal year, will be divided by the total tons of such materials during the same period, to determine the average price per ton. The average price per ton shall then be multiplied by those tons attributable to the City to establish the total dollar amount of revenue ("San Leandro Revenue") shared by ACI and ratepayers. If the average price per ton exceeds $26, then the ratepayer credit will equal 25% of the San Leandro Revenue. If the average price per ton exceeds $80, then the ratepayer credit will equal 75% of the San Leandro Revenue. The ratepayer credit will then be determined by taking the dollar value of the ratepayer share and dividing it by the total dollar value of all franchised revenue for the previous fiscal year to determine a percentage decrease in rates for the subsequent fiscal year. The ratepayer credit is not cumulative and will be recalculated each year. The annual revenue share shall be contingent upon all bank covenant calculations being met. In the event bank covenants are not met, the revenue share for that rate year shall be forgone. 10. Except as amended, the Agreement and all of its previously approved amendments, and unamended terms and provisions shall remain in full force and effect.