USA Waste of California - A-2009-070

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INSURANCE ON RILE WORK MAY PROCEED A-2009-070 UNTIL INSURANCE EXPIRES �� CLERK OF COUNCIL MTF. .L �i�lf hfRST AMENDMENT TO RESTATED AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTE GENERATED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA TH IS FIRST AMENDMENT, made and entered into this 1" day of June, 2009, by and between USA Waste of California hie., a Delaware corporation dba Waste Management of Orange County ('`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"), (Cg collectively referred to herein as "the Parties". " RECITALS 1. On December 5, 2005, the Santa Ana City Council authorized the City to enter into Agreement A-2206-071, Third Amended and Restated Agreement with Waste Management of Orange County (hereinafter referred to as "said Agreement") for collection and handling of solid waste generated and/or accumulated in the City. 2. Said Agreement provides for an Administrative Cost to be paid to CITY. Since the execution of said Agreement the CITY's costs in administering the refuse program have increased over the CPI adjustment provided in said Agreement. 3. Said Agreement imposes an NPDES cost for which the parties inadvertently failed to provide a CPI adjustment. 4. Said Agreement identifies services provided by CONTRACTOR and fees for those services. The parties desire to amend said Agreement to include fees for services currently provided by CONTRACTOR but not identified in the rate schedule. 5. Section 18(g) of said Agreement provides that CONTRACTOR shall be compensated for the collection of used oil filters and containers. 6. Since execution of said Agreement, the California Integrated Waste Management Board has varied the funding level of the Used Oil Grant program from year to year. 7. The Parties hereto now desire to amend said Agreement in order to adjust the Administrative Cost, include a CPI adjustment for the NPDES cost, provide compensation for all services provided by CONTRACTOR and provide a fluctuating level of funding for used oil and filter curbside pickup. 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: I. Section 18, of said Agreement, " PUBLIC EDUCATION SERVICES", is amended to revise section 18(g), to read in full as follows: