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Accumulated in the City of Santa Ana" with USA Waste of California, Inc., a division of <br />CONTRACTOR, in order to, among other things: (i) extend the term of the Agreement to June 30, <br />2018, (ii) incorporate new programs to increase recycling and reduce illegal disposal of used oil, <br />as well as to reduce illegal dumping and litter throughout the CITY and (iii) include measures to <br />ensure continued compliance with the 50% diversion requirements as imposed by the State of <br />California. <br />H. On June 20, 2017, CITY entered into a Fourth Amended and Restated Agreement <br />with USA Waste of California, Inc., a division of CONTRACTOR, to incorporate the provisions <br />of previous amendments and to clarify, update and realign other provisions of the Agreement <br />("Fourth Amended Agreement"). The Fourth Amended Agreement remains in effect through June <br />30, 2018. <br />I. The parties now wish to extend the Fourth Amended, Agreement and include certain <br />other provisions that the parties have agreed to for the balance of the term of the Fourth Amended <br />Agreement, including clarification of CONTRACTOR's correct legal name. <br />The Parties therefore agree: <br />I . TERM OF CONTRACT: The term of the Fourth Amended Agreement shall be <br />extended through June 30, 2020. The term may be extended for one year upon mutual agreement <br />by the Parties. <br />2. CONTRACTOR'S LEGAL NAME: All references to CONTRACTOR in the <br />Fourth Amended Agreement shall mean "Waste Management Collection and Recycling, Inc., a <br />California corporation dba Waste Management of Orange County." <br />3. DEFINED TERMS: All terms that are defined terns in the Fourth Amended <br />Agreement shall have the same meaning in this Extension. <br />4, ADDITIONAL RESIDENTIAL PLASTIC CARTS: CONTRACTOR shall <br />offer additional Solid Waste collection and Recycling plastic carts beyond the minimum of three <br />required under section 14(a) of the Fourth Amended Agreement, upon request by a Curbside <br />Service Unit. Additional Recycling plastic carts for the collection of Recyclable Solid Waste (grey <br />plastic carts), and for the collection of Yard Waste (green plastic carts) shall be provided at no <br />additional charge to the Curbside Service Unit. For each additional Solid Waste collection plastic <br />cart provided to a Curbside Service Unit, CITY will pay CONTRACTOR a monthly fee of ten <br />dollars ($10.00). Gross Receipts derived from residential extra cart service shall be exempt from <br />the franchise fee. <br />5. COMMERCIAL SOLID WASTE COLLECTION PLASTIC CARTS: <br />CONTRACTOR shall offer Solid Waste collection carts to commereial/industrial locations where <br />due to limited space, a solid waste bin cannot be accommodated. CONTRACTOR shall provide <br />the CITY a listing of all commercial/industrial customers receiving Solid Waste collection cart <br />service together with account number, address, and level of service provided. CITY will pay <br />CONTRACTOR a monthly fee for each commercial Solid Waste collection plastic cart serviced <br />by the CONTRACTOR in accordance with the following table. Billing transition for commercial <br />cart service will be transitioned to CONTRACTOR, and is to occur over a period of eight weeks <br />2 <br />65A-6 <br />