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collection of Solid Waste within the City. Currently, the Second Amended Agreement <br /> provides for an administrative fee that the City may recover from CONTRACTOR to pay <br /> for the City's cost to administer the Solid Waste Collection program. <br /> 10. CITY and CONTRACTOR have jointly concurred that the City's administrative costs to <br /> manage the Solid Waste Collection program have risen. Currently, there are no provisions <br /> in the Second Amended Agreement that allow the City to increase its administrative fee. <br /> 11. CITY and CONTRACTOR have jointly concurred that it would be in the best health and <br /> safety interests of the CITY and the residents therein that the Second Amended Agreement <br /> be revised to provide for a mechanism whereby the CITY may increase its administrative <br /> fee to follow the CPI. <br /> WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter <br /> contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, <br /> the parties hereto do hereby agree as follows: <br /> 1. Section 7, the "FREQUENCY OF COLLECTIONS"" term of said SECOND AMENDED <br /> AGREEMENT is hereby amended to include: "CONTRACTOR shall provide additional collection <br /> services as set forth in Exhibit G and incorporated herein by reference." <br /> 2. Section 14, the "COLLECTION, RECYCLING, YARD WASTE DIVERSION AND DISPOSAL <br /> REQUIREMENTS" term of said SECOND AMENDED AGREEMENT is hereby amended as <br /> follows: <br /> (e) PARKWAY CLEAN-IIP FOTT,OWING GARAGE SATES: CONTRACTOR shall in <br /> addition to the aforementioned services, provide 2 employees in a front-loader vehicle that will <br /> devote 60 hours each six working days following the quarterly garage sales to canvass Santa Ana <br /> neighborhoods in order to identify and remove debris left in the parkways after garage sales. <br /> (f) AT J FY CT PAN-T TP FOT J OWING THE l st OF EACH MONTH: CONTRACTOR shall in <br /> addition to the aforementioned services, provide 2 employees in a front-loader vehicle that will devote <br /> 60 hours each six working days following the 1st day of each month to canvass Santa Ana <br /> neighborhoods identified in Exhibit G attached hereto and incorporated herein by reference in order to <br /> remove debris left in alleyways following tenants relocating. <br /> (g) DTSPOSAT; CONTRACTOR shall be required to dispose of any and all Solid Waste <br /> which is not recycled or diverted by means of composting,mulching and/or transforming pursuant to <br /> the terms of this Agreement, at a legally authorized Disposal Site(s) as designated by the CITY. If <br /> CONTRACTOR is directed to dispose of said Solid Waste at a location other than the County of <br /> Orange's Disposal Sites, both parties agree to meet and confer regarding any potential rate <br /> adjustments which may be necessitated thereby. Should Disposal Sites become unavailable in <br /> Orange County at any time during the term of this Agreement, CONTRACTOR hereby guarantees <br /> disposal at its Los Angeles County landfill. Additionally, CONTRACTOR hereby agrees and <br /> guarantees to the CITY that the CITY will be indemnified for CERCLA liability for any Solid <br /> Waste collected by the CONTRACTOR in the CITY which is delivered to CONTRACTOR'S <br /> landfill. <br /> (h) CONTRACTOR will act as the contracting body and lead agency with the MRF and <br /> 2 <br />