GREAT WESTERN RECLAMATION, INC.- A-2003-001

Home Browse Search

AMENDMENT TO AGREEMENT A-2003-001 THIS AMENDMENT, made and entered into this day of January 2003, by and between USA Waste of California, Inc. formally, Great Western Reclamation, a division of Waste Management Collection and Recycling, Inc. hereinafter ("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 CktZ A. The Parties entered into that certain agreement entitled "AGREEMENT FOR THE v COLLECTION AND HANDLING OF CONSTRUCTION AND DEMOLITION SOLID WASTE GENERATED, PRODUCED AND/OR ACCUMULATED AT A TEMPORARY � uu CONSTRUCION SITE IN THE CITY OF SANTA ANA" dated January 2, 1996, "e id hereinafter referred to as "said Agreement", for providing the collection and removal of 6 tc =\ construction and demolition materials generated at temporary construction sites; bir ®0.}N. ®I .'Y) B. On June 30, 2002, Parties amended said Agreement to extend the Term of said Agreement r,7 in order to in order to provide continuous uninterrupted service under the Agreement; vl U gee v 0 C. Since the execution of the First Amendment to said Agreement, Parties have met to discuss m extending the Term of said Agreement and updating the Program Surcharge of said Agreement to accurately reflect the current program surcharge; D. The Parties hereto now desire to amend the Term and Program Surcharge of said Agreement in order to in order to provide continuous uninterrupted service under the Agreement and to increase the percentage paid to the City as a Program Surcharge to accurately reflect said amount. 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: 1. Section 2, of said Agreement, pertaining to Term of said Agreement is hereby amended to change the termination date of December 31, 2002, to January 31, 2003 with 11 one month options to extend, to be authorized by the Executive Director of the Public Works Agency in order to provide necessary continuous uninterrupted service to the City. 2. Section 7 of said Agreement, pertaining to Program Surcharge of said Agreement is hereby amended to increase the program surcharge from 6%to 10.6%. 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. /TtST: CITY O.+ SANT, X 'ATRICIA E. HEALY DAVID N. REAM Clerk of the Council City Manager