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INSURANCE ON FILE <br />WORK MAY PROCEED <br />U i IL INSURANCE EXPIRES <br />C_�P.K OF COUNCIL <br />A-2020-054 <br />wu, cHr•, wray AS <br />C �tiX SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED <br />AGREEMENT FOR COLLECTION AND HANDLING <br />T3 OF SOLID WASTES GENERATED, PRODUCED AND/OR <br />ACCUMULATED IN THE CITY OF SANTA ANA <br />N <br />This SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED <br />N AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTES GENERATED, <br />o PRODUCED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA ("Second <br />Amendment") is made and entered into this 17th day of March, 2020 by and between the City <br />of Santa Ana, a charter city and municipal corporation duly organized and existing under <br />the Constitution and laws of the State of California ("CITY") and Waste Management Collection <br />and Recycling, Inc., a California corporation dba Waste Management of Orange <br />County ("CONTRACTOR"). <br />RECITALS <br />A. The Legislature of the State ofCalifornia,byenactment oftheCaliforniahttegrated <br />Waste Management Act of 1989, Division 30 of the California Public Resources Code, <br />commencing with Section 40000 ("CIWMA"), declares that it is within the public interest to <br />authorize and require local agencies to make adequate provisions for Solid Waste handling within <br />their jurisdictions. <br />B. In the opinion ofthe City Council of the City of Santa Ana, the public health, safety <br />and well-being require that the collection, transportation, and recycling, diversion by means of <br />composting, mulching and/or transforming, and disposal of Solid Waste, including, but not limited <br />to, the frequency and means of such collection, transportation and recycling, yard waste diversion <br />or disposal, and the charges and fees therefore, be provided by contract to a qualified contractor. <br />C. On June 30, 1993, CITY and CONTRACTOR entered into an agreement for such <br />Solid Waste collection and handling. <br />D. Since the execution thereof, CITY and CONTRACTOR jointly concurred that it <br />would be in the best interest of the CITY and the residents therein that the Original Agreement be <br />revised to provide for Solid Waste collection, recycling and disposal of Curbside Service Units by <br />means of automated Solid Waste collection vehicles and Solid Waste collection and recycling <br />plastic carts. <br />E. On June 1, 1996, CITY entered into an agreement entitled "Amended and Restated <br />Agreement for Collection and Handling of Solid Waste Generated and/or Accumulated in the City <br />of Santa Ana" with Great Western Reclamation, a division of CONTRACTOR, to effectuate the <br />new curbside service collection program. <br />F. On June 19, 1997, CITY entered into an Agreement entitled "Second Amended and <br />Restated Agreement for the Collection and Handling of Solid Waste Generated and/or <br />Accumulated in the City of Santa Ana" with Great Western Reclamation, a division of <br />CONTRACTOR, to clarify the responsibilities associated with the collection, handling, and <br />processing of solid waste collected by CONTRACTOR. <br />Page 1 of 4 <br />