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<br />d. PV/} <br />h¡¡'"",-,- <br /> <br />INSURANCE NOT ON8E <br />WORK MAY NOT PROGr'ED <br />CLERK OF COUNCIL <br />DATE: 3/7/03 <br /> <br />FOURTH AMENDMENT TO AGREEMENT FOR COLLECTION <br />AND HANDLING OF SOLID WASTE GENERATED AND <br />OR ACCUMULATED IN THE CITY OF SANTA ANA <br /> <br />. . ,ç{11., r Z,b db <br />THIS FOURTH AMENDMENT, made and entered mto thIs JI,L day of r~",""!)I¡; 200 y an etween <br />USA Waste of California Inc., fonnally Great Western Reclamation, a division of Waste Management <br />Collection and Recycling, Inc ("Contractor") and the City of Santa Ana, a charter city and municipal <br />corporation duly organized and existing under the Constitution and laws of the State of California <br />("City"), collectively refelTed to herein as "the Parties". <br /> <br />. <br /> <br />A-2002-216 <br /> <br />RECIIALS <br /> <br />1. The Legislature of the State of California, by enactment of the California Integrated Waste <br />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 <br />to authorize and require local agencies to make adequate provisions for Solid Waste <br />handling within their jurisdictions. <br /> <br />2. In the opinion of the City Council of the City of Santa Ana, the public health, safety and <br />well being require that the collection, transportation, and recycling, diversion by means of <br />compo sting, mulching and/or transfonning, and disposal of Solid Waste, including, but not <br />limited to, the frequency and means of such collection, transportation and recycling, yard <br />waste diversion or disposal, and the charges and fees therefor, be provided by contract to a <br />qualified contractor. <br /> <br />3. On June 30, 1993, CITY and CONTRACTOR entered into an agreement for such Solid <br />Waste collection and handling (the "Original Agreement"). <br /> <br />4. On June 19, 1997, CITY and CONTRACTOR entered into a Second Amended and <br />Restated Agreement (hereinafter refelTed to as "Second Amended Agreement"). <br /> <br />5. On May 20, 2002, CITY and CONTRACTOR entered into a Third Amended Agreement <br />(hereinafter refelTed to as "Third Amended Agreement"). <br /> <br />6. Since execution of the Third Amended Agreement, the CITY and CONTRACTOR have <br />met to develop a payment methodology for cost associated with the reduction of debris, <br />garbage and litter into the City stonn water system. <br /> <br />7. The City experiences debris, garbage and litter on sidewalks and alleys which makes its <br />way into the city stonn drain system when it rains. <br /> <br />8. Pursuant to requirements of the Clean Water Act, the City must pay additional cost to <br />comply with obtaining a National Pollution Discharge Elimination System pennit. These <br />costs are directly related to the cost of preventing, reducing, and/or cleaning up debris, <br />garbage and litter that is generated within the City and is not properly disposed of in trash <br />receptacles. <br />