65B - INITIATION OF NEW SOLID WASTE SRVS CONTRACT PROCESS

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7. On April 3, 2005, CITY and CONTRACTOR entered into an Agreement entitled "Third Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" ("Third Amended Agreement'), in order to, among other things: (i) extend the term of the Agreement to June 30, 2018, (ii) incorporate new programs to increase recycling and reduce illegal disposal of used oil, as well as to reduce illegal dumping and litter throughout the City and (iii) include measures to ensure continued compliance with the 50% diversion requirements as imposed by the State of California. 8. The parties again desire to amend the Third Amended Agreement in its entirety to incorporate the provisions of previous amendments and to clarify, update and realign the financial provisions of the Agreement. The City Council of the City of Santa Ana, hereby desires that CONTRACTOR be engaged to provide for both the collection of Solid Wastes within the corporate limits of the City of Santa Ana and the transportation of such Solid Wastes to appropriate places of processing, recycling, yard waste diversion, and disposal, and to perform such services on the terms and conditions set forth in this Agreement. NOW, THEREFORE, for the reasons recited above, and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. GRANT OF CONTRACT: CITY hereby grants to CONTRACTOR, for the term hereinafter set forth, the contract, right —and Privileg e to collect f Ycle divert by mens of coinPosfng> mulcri ,- and/r transforming, dispose and transport, to appropriate facilities as set forth in this Agreement, all Solid Wastes (as herein defined and subject to the terms herein) generated, produced, kept and/or accumulated in the City of Santa Ana, and CONTRACTOR, subject to all of the terms hereof, hereby accepts and agrees to faithfully perform such contract and obligation. 2. TERM OF CONTRACT: The term of this Agreement shall begin upon execution of this Agreement and shall extend to June 30, 2018. 3. As used in this Agreement, the following words and phrases shall have the meaning assigned in this section, unless the context at the point of usage clearly requires a different meaning. (1) Agreement shall mean this Amended and Restated Agreement, including the exhibits thereto and the documents incorporated herein by reference. (2) Auditor shall mean the certified public accountant firm retained by City for auditing services. 65B-12