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RECITALS <br />This Franchise Agreement ("Agreement") is entered into this 17th day of August, 2021, <br />by and between the City of Santa Ana ("City") and Republic Waste Services of Southern <br />California, LLC dba Republic Services. ("Contractor"), for the Collection, transportation, <br />Recycling, processing, and Disposal of Solid Waste and other services related to <br />meeting the goals and requirements of the California Integrated Waste Management <br />Act. <br />Recitals <br />WHEREAS, the Legislature of the State of California, by enactment of the California <br />Integrated Waste Management Act of 1989 (AB 939) (California Public Resources Code <br />Section 40000 et seq.), has declared that it is in the public interest to authorize and <br />require local agencies to make adequate provisions for Solid Waste handling within <br />their jurisdictions to meet the goals and requirements of AB 939; and, <br />WHEREAS, pursuant to California Public Resources Code Section 40059(a)(2), the City <br />Council of the City of Santa Ana has determined that the public health, safety, and well- <br />being require that an exclusive franchise be awarded to a qualified company for the <br />Collection, transfer and transportation, Recycling, processing, and Disposal of Solid <br />Waste and other services related to meeting the Diversion goals required by AB 939, <br />and other requirements of the California Integrated Waste Management Act; and, <br />WHEREAS, the Legislature of the State of California, in California Public Resources Code <br />Section 41780 et seq., has declared a mandatory commercial Recycling program and that <br />it is the policy goal of the state that not less than 75 percent of Solid Waste generated be <br />source reduced, recycled, or composted by the year 2020, and annually thereafter; and, <br />WHEREAS, the Legislature of the State of California, in California Public Resources Code <br />Section 41781.3 et seq., has declared that as of January 1, 2020, the use of green material <br />as landfill alternative daily cover will no longer constitute diversion through recycling <br />and will instead be considered disposal in terms of measuring a jurisdiction's annual 50 <br />percent per capita disposal rate, and, <br />WHEREAS, California Public Resources Code Section 42649 et seq., requires a mandatory <br />commercial organics waste diversion program; and, <br />August 17, 2021 1 City of Santa Ana <br />