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FOURTH 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 FOURTH AMENDED AND RESTATED AGREEMENT, made and entered into this <br />I9`h day of April, 2017 by and between the City of Santa Ana, a charter city and municipal <br />corporation duly authorized under the Constitution and laws of the State of California (referred to <br />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 <br />Waste Management Act of 1989, Division 30 of the California Public Resources Code, <br />commencing with Section 40000 ( "CIWMA "), declares that it is within the public interest to <br />authorize and require local agencies to make adequate provisions for Solid Waste handling within <br />their jurisdictions. <br />2. In the opinion of the City Council of the City of Santa Ana, the public health, safety <br />and wellbeing require that the collection, transportation, and recycling, diversion by means of <br />composting, mulching and/or transforming, and disposal of Solid Waste, including, but not limited <br />to, the frequency and means of such collection, transportation and recycling, yard waste diversion <br />or disposal, and the 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 <br />Solid Waste collection and handling (the "Original Agreement "). <br />4. Since the execution thereof, CITY and CONTRACTOR jointly concurred that it <br />would be in the best interest of the CITY and the residents therein that the Original Agreement be <br />revised to provide for Solid Waste collection, recycling and disposal of Curbside Service Units by <br />means of automated Solid Waste collection vehicles and Solid Waste collection and recycling <br />plastic carts. <br />5. On June 1, 1996, CITY and CONTRACTOR entered into an agreement entitled <br />"Amended and Restated Agreement for Collection and Handling of Solid Waste Generated and /or <br />Accumulated in the City of Santa Ana" (hereinafter referred to as "Amended Agreement" to <br />effectuate the new curbside service collection program. <br />6. On June 19, 1997, CITY and Contractor entered into an Agreement entitled <br />"Second Amended and Restated Agreement for the Collection and Handling of Solid Waste <br />Generated and /or Accumulated in the City of Sauna Ana" to clarify the responsibilities associated <br />with the collection, handling, and processing of solid waste collected by Contractor, <br />7. On April 3, 2005, CITY and CONTRACTOR entered into an Agreement entitled <br />"Third Amended and Restated Agreement for the Collection and Handling of Solid Waste <br />1 <br />65A -12 <br />