USA Waste of California - A-2006-076

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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: PARAGRAH 2 of the Original Agreement is amended to read as follows: Y; u I I ►Y ; I ►YYI►t Y•► I F. The term of this Agreement shall begin upon execution of this Agreement and shall extend to June 30, 2018. PARAGRAPH 5 of the Original Agreement is amended by adding a new section "d" to read as follows: a. Hauling Rate CONTRACTOR shall charge rates for collection of C&D Debris that are no higher than those rates set forth in Attachment A. b. Rmcessing Rate CONTRACTOR shall pay Madison Materials for processing of C&D Debris rates that are no higher than those set forth in Attachment B. c. Adjustments The Hauling Rate and Processing Rate will be adjusted effective July 1 each year in an amount equal to 90% if the April Consumer Price Index for All Urban Consumers (base year 1982-1984 = 100) for Los Angeles -Anaheim -Riverside area, published by the United States Department of Labor, Bureau of Labor Statistics. In calculating new rates, the program surcharge and host fees shall be excluded from the rates before such adjustment (increase or decrease) is made. The CITY will take steps to ensure that the Hauling Rate and Processing Rate remain competitive with other Orange County facilities. Commencing in 2008, the CITY will conduct a rate comparison every three (3) years of surrounding Orange County facilities. The CITY will meet and confer with the Contractor to adjust rates to a level that is competitive with the market hauling and processing rates for the surrounding Orange County facilities. Except as expressly amended herein to extend the term of the agreement and to allow for a rate comparison, the Original Agreement shall remain in full force and effect. 2