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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 <br />this �.� day of wME, , 2017 by and between the City of Santa Ana, a charter city <br />and municipal corporation duly authorized tinder the Constitution and laws of the State of <br />California (referred to herein as "City")," mid USA Waste of California Inc., a Delaware <br />corporation dba Waste Management of Orange County, formally Great Western Reclamation, a <br />division of Waste Management Collection and Recycling, Inc, a California corporation, <br />hereinafter called, "CONTRACTOR," <br />RECITALS <br />1. The Legislature of the State of California, by enactment of the California <br />Integrated Waste Management Act of 1989, Division 30 of the California Public Resources <br />Code, commencing with Section 40000 ("CIWMA"), declares that it is within the public interest <br />to authorize and require local agencies to make adequate provisions for Solid Waste handling <br />within their jurisdictions. <br />2. In the opinion of the City Council of the City of Santa Ana, the public health, <br />safety and wellbeing require that the collection, transportation, and recycling, diversion by <br />means of composting, mulching and/or transforming, and disposal of Solid Waste, including, but <br />not limited to, the frequency and means of such collection, transportation and recycling, yard <br />waste diversion or disposal, and the charges and fees therefore, be provided by contract to a <br />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 <br />be revised to provide for Solid Waste collection, recycling and disposal of Curbside Service <br />Units by means of automated Solid Waste collection vehicles and Solid Waste collection and <br />recycling 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 <br />and/or Accumulated in the City of Santa Ana" (hereinafter referred to as "Amended Agreement' <br />to 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 Santa Ana" to clarify the responsibilities associated <br />with the collection, handling, and processing of solid waste collected by Contractor. <br />1 <br />