Agmt 2009 Alameda County Industies Inc ACI (2)

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City of San Leandro Civic Center, 835 E. 14th Street San Leandro, California 94577 July 20, 2009 Mr.,Louie Pellegrini Vice President Alameda County Industries, Inc. 601 Aladdin Avenue San Leandro, CA 94577 RE: TENTH AMENDMENT TO FRANCHISE AGREEMENT Dear Mr. Pellegrini: This letter is the Tenth Amendment (the "Amendment") to the Franchise Agreement for Solid Waste, Recyclables, and Green Waste Services between the City of San Leandro ("City") and Alameda County Industries, Inc. ("ACI"),, dated February 1,-2000 (the "Agreement"). For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and ACI hereby agree as follows: Effective February 1, 2010, the Agreement shall renew for an additional 10 years. The Agreement maybe extended beyond the 10 year term contingent upon ACI's vehicle replacement schedule, as follows: For every three (3) current collection vehicles that are replaced with natural gas- powered vehicles, the Agreement shall be extended one (1) additional year beyond the original term, Under no circumstances shall the Agreement be extended beyond January 31, 2025 unless approved by the City Council and amended only in writing, signed by the parties, The rate adjustment process as specified in Section 6.2 of the Agreement shall be modified so that rates will be adjusted annually using a Refuse Rate Index (RRI) (as enumerated in Appendix B) in lieu of the Consumer Price Index, provided that the adjustment does not exceed ten (10) percent per annum. If an increase exceeds 10% per annum, ACI must request a Special Rate Review pursuant to the procedures in Section 6.4 of the Agreement, The parties shall no longer compare rates at five years as specified in Section 6.3 of the Agreement. 3. Upon approval of the governing board of the San Leandro Unified School District (SLUSD or District), as early as August 3, 2009, but no later than August 24, 2009, ACI shall provide garbage, recycling and organics collection to SLUSD facilities within the ACI service area at no charge to the District, Representatives from the City, the District and ACI will conduct waste audits at each facility prior to the start of service and again within three months of the start of service to establish waste generation rates at each facility site. Garbage service levels shall not exceed levels identified in Appendix A. Recyclables, and green waste service levels shall be determined by ACI Tony San~otlstl~a District and approved by the City. City Council: Michael J. Gregory; Jim Prola; Ursula Reed; Diana M. Souza; Joyce R. Starosciak; Bill Stephens