USA Waste of California - A-2004-010A

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- .i!TStlf.,,;NCE NOT ON FilE WORK MAY NOT PROCEED CLERK Of COUNCIL DATE:,;J. - //-01 . A -;1,004-010 A . AMENDMENT TO AGREEMENT y\ c..: PWyI THIS AMENDMENT, made and entered into this ~ day of January 2004, by and between USA k CaJdi) Waste of California Inc., formally Great Western Reclamation, a division of Waste Management Collection V . and Recycling. hereinafter ("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 referred to herein as "the Parties". A. B. RECIIALS The Parties entered into that certain agreement entitled "AGREEMENT FOR THE COLLECTION AND HANDLING OF CONSTRUCTION AND DEMOLITION SOLID WASTE GENERATED, PRODUCED ANDIORACCUMULATED AT A TEMPORARY CONSTRUCION SITE IN THE CITY OF SANTA ANA" dated January 2, 1996, hereinafter referred to as "said Agreement", for providing the collection and removal of construction and demolition materials generated at temporary construction sites; On June 30, 2002, Parties amended said Agreement to extend the Term of said Agreement in order to provide continuous uninterrupted service under the Agreement; C. On January 6, 2003, Parties amended said Agreement to extend the Term of said Agreement and Program Surcharge of said Agreement in order to provide for increases in administrative costs and to provide continuous uninterrupted service under the Agreement; D. The Parties hereto now desire to further amend the Term and Program Surcharge of said Agreement in order to provide continuous uninterrupted service under the Agreement and to increase the percentage paid to the City as a Program Surcharge to accurately reflect the cost of services. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Section 2 of said Agreement, pertaining to Term of said Agreement, is hereby amended to change the termination date from December 31, 2003 to December 31, 2004. The Term may therafter be extended upon a writing executed by the City Executive Director of Public Works for one (1) additional year to December 31, 2005. This Agreement, as amended, may be terminated by either party upon 30 days written notice to the other party, with or without cause. 2. Section 7 of said Agreement, pertaining to Program Surcharge of said Agreement, is hereby amended to increase the program surcharge from 10.6% to 12.8%. 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written.