WASTE MANAGEMENT COLLECTION AND RECYCLING, INC. (DBA WASTE MANAGEMENT OF ORANGE COUNTY)

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G. On April 3, 2005, CITY entered into an Agreement entitled "Third Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" with USA Waste of California, Inc., a division of CONTRACTOR, in order to, among other things: (i) extend the term of the Agreement to June 30, 2018, (ii) incorporate new programs to increase recycling and reduce illegal disposal of used oil, as well as to reduce illegal dumping and litter throughout the CITY and (iii) include measures to ensure continued compliance with the 50% diversion requirements as imposed by the State of California. H. On June 20, 2017, CM entered into a Fourth Amended and Restated Agreement with USA Waste of California, Inc., a division of CONTRACTOR, to incorporate the provisions of previous amendments and to clarify, update and realign other provisions of the Agreement, No. A-2006-071-01 ("Fourth Amended Agreement") I. Effective December 5, 2017, the Parties entered into an extension of the Fourth Amended Agreement, No. A-2017-342, and added certain other provisions, including new programs to increase recycling throughout the CITY, measures to ensure continued compliance with state diversion requirements, and clarification of CONTRACTOR's correct legal name. The Fourth Amended Agreement remains in effect through June 30, 2020 and may be extended through June 30, 2021 by mutual agreement of the Parties. J. The Parties now wish to further amend the Fourth Amended Agreement to include additional provisions that the Parties have agreed to for the balance of the term of the Fourth Amended Agreement, including any extension period, if any. The Parties therefore agree: 1. REDUCED RATE COMMERCIAL ORGANIC WASTL RECYCLING SERVICES: Effective January 1, 2019, CONTRACTOR shall offer commercial organic recycling services to each business within City, as the term "business" is defined by California Public Resources Code section 42649.8, at a reduced rate of fifty percent (50%) of the solid waste collection service rates for equivalent service levels, as depicted by Exhibit I and as thereafter established in accordance with the Fourth Amended Agreement. On a monthly basis, CONTRACTOR shall provide the CITY a listing of all businesses receiving organics recycling service together with account number, address, size of containers serviced, number of containers serviced, and level of service provided. For each such business, CITY will pay CONTRACTOR a monthly stun equal to the actual total monthly cost of providing organics waste recycling service less the reduced monthly rate paid by the business to CONTRACTOR. 2. Except as modified by this Amendment, all terms and conditions of the Fourth Amended Agreement, as extended, remain in full force and effect. N N Page 2 of 4