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ATTY/RESO.0108/CC RESO APPROVING AMENDMENT NO. 2 TO RECOLOGY SAN MATEO FRANCHISE AGREEMENT – EXHIBIT B REV: 11-04-25 MI Page 5 of 11 2.2 Franchise Fee. Section 10.02 shall be amended to read as follows: “In consideration of the exclusive franchise granted to Contractor by this Agreement, the fair market value of the public property used by Contractor for services under this Agreement, and to reimburse Agency for costs incurred in administering this Agreement or providing solid waste services, Contractor shall pay to Agency a Franchise Fee, which shall be established and may be amended from time to time by resolution adopted by the Agency’s City Council. The Franchise Fee currently in effect, or which is expected to be in effect as of January 1, 2026, is set forth in Attachment M. Any changes to the Franchise Fee shall be incorporated into the Revenue Requirement for the next Rate Year.” 2.3 Other Fees. Section 10.03 shall be amended to read as follows: “Agency may establish and amend from time to time other fees, by resolution adopted by the Agency’s City Council, which are intended to recover the Agency’s costs of services related to Solid Waste management, Recycling, and ensuring the cleanliness of public streets and/or the removal of public litter, through inclusion of such fees in the Maximum Rates. The other fees currently in effect, or which are expected to be in effect as of January 1, 2026 are listed in Attachment M. Any changes to the other fees shall be incorporated into the Revenue Requirement for the next Rate Year.” 2.4 Time and Method of Payment. Section 10.04 shall be amended to read as follows: “On or before the twentieth (20th) Day of each month, Contractor shall pay to Agency (i) one- twelfth of the annual amount of the Franchise Fee, and (ii) any other fees due, including one- twelfth of any other annual fee established by Agency, unless Agency directs a different payment schedule for such other fees. It is understood that, after an adjustment to Franchise Fees or other fees effective January 1, the adjusted fee will begin to be paid with the payment due on February 20. Contractor shall provide, concurrently with the payments of fees, a statement showing the calculation of each fee, including the Gross Revenues Billed from Customers in each Service Sector for that month. The statement shall be in a format, and contain the level of detail, specified by Agency. Payments from Contractor to Agency shall be made by a method mutually acceptable to Agency and Contractor. If a fee is not paid on time, Contractor shall pay a late payment charge to the Agency equal to two percent (2%) of the fees due for that month. In addition, Contractor shall pay an additional two percent (2%) on any unpaid balance for each thirty (30) Day period a portion of the fee due remains unpaid. Late payment charges are not included in Contractor's Compensation and may not be recovered through Rates. Changes to Contractor’s Compensation to reflect increases or decreases in fees, or the addition of new fees, are not subject to the Special Compensation Review provisions in Section 11.05.” 2.5 Adjustments to Fees; Additional Fees. Section 10.05 shall be amended to read as follows: