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THIRD AMENDED AND RESTATED <br /> AGREEMENT FOR COLLECTION AND HANDLING <br /> OF SOLID WASTE GENERATED AND/OR <br /> ACCUMULATED IN THE CITY OF SANTA ANA <br /> This THIRD AMENDED AND RESTATED AGREEMENT, made and entered into <br /> this day of , 2005 by and between the City of Santa Ana, a charter city and <br /> municipal corporation duly authorized under the Constitution and laws of the State of California <br /> (referred to herein as "City")," and USA Waste of California Inc., a Delaware corporation dba Waste <br /> Management of Orange County, formally Great Western Reclamation, a division of Waste <br /> Management Collection and Recycling, Inc, a California corporation, hereinafter called, <br /> "CONTRACTOR," <br /> RECITALS <br /> 1. The Legislature of the State of California, by enactment of the California Integrated Waste <br /> Management Act of 1989, Division 30 of the California Public Resources Code, commencing with <br /> Section 40000 ("CIWMA"), declares that it is within the public interest to authorize and require local <br /> agencies to make adequate provisions for Solid Waste handling within their jurisdictions. <br /> 2. In the opinion of the City Council of the City of Santa Ana, the public health, safety and well <br /> being require that the collection, transportation, and recycling, diversion by means of composting, <br /> mulching and/or transforming, and disposal of Solid Waste, including, but not limited to, the frequency <br /> and means of such collection, transportation and recycling, yard waste diversion or disposal, and the <br /> charges and fees therefore,be provided by contract to a qualified contractor. <br /> 3. On June 30, 1993, CITY and CONTRACTOR entered into an agreement for such Solid <br /> Waste collection and handling(the "Original Agreement"). <br /> 4. Since the execution thereof, CITY and CONTRACTOR jointly concurred that it would be in <br /> the best interest of the CITY and the residents therein that the Original Agreement be revised to provide <br /> for Sold Waste collection, recycling and disposal of Curbside Service Units by means of automated <br /> Solid Waste collection vehicles and Solid Waste collection and recycling plastic carts. <br /> 5. On June 1, 1996, CITY and CONTRACTOR entered into an agreement entitled "Amended <br /> and Restated Agreement for Collection and Handling of Solid Waste Generated and/or Accumulated in <br /> the City of Santa Ana" (hereinafter referred to as "Amended Agreement" to effectuate the new <br /> curbside service collection program. <br /> 6. On June 19, 1997, CITY and Contractor entered into an Agreement entitled "Second <br /> Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or <br /> Accumulated in the City of Santa Ana" to clarify the responsibilities associated with the collection, <br /> handling, and processing of solid waste collected by Contractor. <br /> 1 <br />