USA Waste of California - A-2002-082

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. . A-2002-082 THIRD AMENDMENT TO AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTE GENERA TED AND OR ACCUMULATED IN THE CITY OF SANTA ANA THIS THIRD AMENDMENT, made and entered into this 1J}!day of J~~~O02, by and between USA Waste of California, Inc, fonnally Great Western Reclamation, a division of Waste Management Collection and Recycling, Inc ("Contractor") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), collectively re rred to herein as "the Parties". RECIIALS I. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, Division 30 of the California Public Resources Code, commencing with Section 40000 ("CIWMA"), declares that it is within the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions. In the opinion of the City Council of the City of Santa Ana, the public health, safety and well being require that the collection, transportation, and recycling, diversion by means of composting, mulching and/or transforming, and disposal of Solid Waste, including, but not limited to, the frequency and means of such collection, transportation and recycling, yard waste diversion or disposal, and the charges and fees therefore, be provided by contract to a qualified contractor. 3. On June 30, 1993, CITY and CONTRACTOR entered into an agreement for such Solid Waste collection and handling (the "Original Agreement"). 4. On June 19, 1997, CITY and CONTRACTOR entered into a Second Amended and Restated Agreement (hereinafter referred to as "Second Amended Agreement"). 5. Since execution of the Second Amended Agreement the CITY and CONTRACTOR have met to develop alternatives for improving the cleanliness of the City. 6. The City experiences a substantial increase in debris/garbage and litter on parkways and alleys on days following garage sales as well as the first day of each month when move-outs generally occur. 7. CITY and CONTRACTOR have jointly concurred that it would be in the best health and safety interests of the CITY and the residents therein that the Second Amended Agreement be revised to provide for additional solid waste collection, recycling and disposal to remove excess trash and debris after garage sales and after the first day of each month when move- outs generally occur. 8. In order to remove additional garbage and debris introduced into the parkways and alleys, CONTRACTOR will be required to expend additional resources. 9. The CITY expends substantial amounts of money and resources in order manage the