25A - REFUSE COLLECTION/RECYCLING SOLID WASTE

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7. Since the execution of the "Second Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" ("Second Amended Agreement"), City and Contractor have worked together to achieve many significant advancements in environmental stewardship in the City of Santa Ana. In part, due to the joint efforts of the City and Contractor, the City has been able to consistently comply with the 50% diversion requirements as imposed by the State of California. 8. Since the execution of the Second Amended Agreement, City and Contractor have developed new programs to increase recycling and reduce illegal disposal of used oil 9. Since the execution of the Second Amended Agreement, City and Contractor have developed new programs to reduce illegal dumping and litter throughout the City. 10. Since the execution of the Second Amended Agreement City and Contractor have jointly concurred to amend the Second Amended Agreement to include the above improved environmental quality measures. 11. The parties again desire to amend the Second Amended Agreement in its entirety to incorporate the provisions of previous amendments and to extend the term of the Agreement in exchange for additional payments. Said additional payments will not affect the rates paid by Santa Ana customers. City and USA Waste agree that USA Waste will bear the entire cost of these payments to the City of Santa Ana as consideration for extending the term of the Second Amended Agreement. The City Council of the City of Santa Ana, hereby desires that CONTRACTOR be engaged to provide for both the collection of Solid Wastes within the corporate limits of the City of Santa Ana and the transportation of such Solid Wastes to appropriate places of processing, recycling, yard waste diversion, and disposal, and to perform such services on the terms and conditions set forth in this Agreement. NOW, THEREFORE, for the reasons recited above, and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. GRANT OF CONTRACT: CITY hereby grants to CONTRACTOR, for the term hereinafter set forth, the contract, right and privilege to collect, recycle, divert by means of composting, mulching, and/or transforming, dispose and transport, to appropriate facilities as set forth in this Agreement, all Solid Wastes (as herein defined and subject to the terms herein) generated, produced, kept and/or accumulated in the City of Santa Ana, and CONTRACTOR, subject to all of the terms hereof, hereby accepts and agrees to faithfully perform such contract and obligation. 2. TERM OF CONTRACT: 2 25A-1 0