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<br />. <br /> <br />. <br /> <br />INO!'~' "'lE <br />,C."""HFI<Ù"OO <br />""IlL Ir.S~~~/~CE EXPIRES <br /> <br />~ AMENDMENT TO AGREEMENT FOR COLLECTION <br />BAT., '1110 107 AND HANDLING OF SOLID WASTE GENERATED AND <br />~ :ì OR ACCUMULATED IN THE CITY OF SANTA ANA <br /> <br />C'~~ ~~ <br />l THIS FIFTH AMENDMENT, made and entered into this ¡?( day of June, 2003, by and between USA <br />ý1'^' Waste ofCalifomÎa Inc., fonnally Great Western Reclamation, a division of Waste Management Collection and <br />Recycling, Inc ("Contractor") and the City of Santa Ana, a charter city and municipal corporation duly <br />organized and existing under the Constitution and laws of the State of California ("City"), collectively <br />referred to herein as "the Parties". <br /> <br />A-2003-108 <br /> <br />RECITALS <br /> <br />1. On November 18, 2002 CITY and CONTRACTOR entered into a Fourth Amended <br />Agreement (hereinafter referred to as "Fourth Amended Agreement") to adjust rates to pay the <br />cost associated with complying with certain provisions of the Federal Clean Water Act. <br /> <br />2. Since execution of the Fourth Amended Agreement, the CITY and CONTRACTOR have met <br />and detennined an increase is needed to pay for the escalating costs associated with the <br />reduction of debris, garbage and litter etc. ("trash") into the City storm water system in order <br />to comply with the requirements of the Federal Clean Water Act. <br /> <br />3. Pursuant to requirements of the Federal Clean Water Act, in part, the City must prevent, <br />reduce, and/or clean up "trash" that is generated within the City, and not properly disposed of <br />in receptacles, to prevent said "trash" ITom reaching the state waterways and the oceans via the <br />City storm drain system. <br /> <br />4. <br /> <br />CITY and CONTRACTOR have jointly concurred that it would be in the best health and <br />safety interests of the CITY and the residents therein that a Fifth Amended Agreement be <br />executed to adjust the City's administrative fee for cwbside service in order to pay for the cost <br />associated with reducing, monitoring and preventing "trash" ITom entering into the City storm <br />drain system. <br /> <br />WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained <br />and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties <br />hereto do hereby agree as follows: <br /> <br />1. Exhibit C, of said Agreement is hereby amended to increase the City's administrative cost per curbside <br />service unit by $.09 per month to support increased costs in the storm water management program <br />effective July 1, 2003. <br />2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in <br />full force and effect. <br />