GREAT WESTERN RECLAMATION, INC.- A-2002-216

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INSURANCE NOT ON E WORK MAY NOT PROCEED A-2002-216 C' CLERK OF COUNCIL DATE: 3/7/°3 FOURTH AMENDMENT TO AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTE GENERATED AND OR ACCUMULATED IN THE CITY OF SANTA ANA "r THIS FOURTH AMENDMENT, made and entered into this /0 day of g venkr,, 2002, by and between USA Waste of California Inc., formally Great Western Reclamation, a division of Waste Management Collection and Recycling, Inc ("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". RECITALS 1. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, Division 30 of the California Public Resources Code, commencing with Section 40000 ("CIWMA"), declares that it is within the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions. 2. In the opinion of the City Council of the City of Santa Ana, the public health, safety and well being require that the collection, transportation, and recycling, diversion by means of composting, mulching and/or transforming, and disposal of Solid Waste, including, but not limited to, the frequency and means of such collection, transportation and recycling, yard waste diversion or disposal, and the charges and fees therefor, be provided by contract to a qualified contractor. 3. On June 30, 1993, CITY and CONTRACTOR entered into an agreement for such Solid Waste collection and handling (the "Original Agreement"). 4. On June 19, 1997, CITY and CONTRACTOR entered into a Second Amended and Restated Agreement (hereinafter referred to as "Second Amended Agreement"). 5. On May 20, 2002, CITY and CONTRACTOR entered into a Third Amended Agreement (hereinafter referred to as "Third Amended Agreement"). 6. Since execution of the Third Amended Agreement, the CITY and CONTRACTOR have met to develop a payment methodology for cost associated with the reduction of debris, garbage and litter into the City storm water system. 7. The City experiences debris, garbage and litter on sidewalks and alleys which makes its way into the city storm drain system when it rains. 8. Pursuant to requirements of the Clean Water Act, the City must pay additional cost to comply with obtaining a National Pollution Discharge Elimination System permit. These costs are directly related to the cost of preventing, reducing, and/or cleaning up debris, garbage and litter that is generated within the City and is not properly disposed of in trash receptacles.