Waste Management Collection & Recycling, Inc.-2017

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Accumulated in the City of Santa Ana" with USA Waste of California, Inc., a division of CONTRACTOR, 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. H. On June 20, 2017, CITY entered into a Fourth Amended and Restated Agreement with USA Waste of California, Inc., a division of CONTRACTOR, to incorporate the provisions of previous amendments and to clarify, update and realign other provisions of the Agreement ("Fourth Amended Agreement"). The Fourth Amended Agreement remains in effect through June 30, 2018. I. The parties now wish to extend the Fourth Amended Agreement and include certain other provisions that the parties have agreed to for the balance of the term of the Fourth Amended Agreement, including clarification of CONTRACTOR's correct legal name. The Parties therefore agree: 1. TERM OF CONTRACT: The term of the Fourth Amended Agreement shall be extended through June 30, 2020. The term may be extended for one year upon mutual agreement by the Parties. 2. CONTRACTOR'S LEGAL NAME: All references to CONTRACTOR in the Fourth Amended Agreement shall mean "Waste Management Collection and Recycling, Inc., a California corporation dba Waste Management of Orange County." 3. DEFINED TERMS: All terms that are defined terms in the Fourth Amended Agreement shall have the same meaning in this Extension. 4. ADDITIONAL RESIDENTIAL PLASTIC CARTS: CONTRACTOR shall offer additional Solid Waste collection and Recycling plastic carts beyond the minimum of three required under section 14(a) of the Fourth Amended Agreement, upon request by a Curbside Service Unit. Additional Recycling plastic carts for the collection of Recyclable Solid Waste (grey plastic carts), and for the collection of Yard Waste (green plastic carts) shall be provided at no additional charge to the Curbside Service Unit. For each additional Solid Waste collection plastic cart provided to a Curbside Service Unit, CITY will pay CONTRACTOR a monthly fee of ten dollars ($10.00). Gross Receipts derived from residential extra cart service shall be exempt from the franchise fee. 5. COMMERCIAL SOLID WASTE COLLECTION PLASTIC CARTS: CONTRACTOR shall offer Solid Waste collection carts to commercial/industrial locations where due to limited space, a solid waste bin cannot be accommodated. CONTRACTOR shall provide the CITY a listing of all commercial/industrial customers receiving Solid Waste collection cart service together with account number, address, and level of service provided. CITY will pay CONTRACTOR a monthly fee for each commercial Solid Waste collection plastic cart serviced by the CONTRACTOR in accordance with the following table. Billing transition for commercial cart service will be transitioned to CONTRACTOR, and is to occur over a period of eight weeks 1)