HomeMy WebLinkAbout2014-015-A3 Atascadero Waste Alternatives (Approved 2021)CITY OF ATASCADERO
CONT13ACT NU BER:
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THIRD AMENDMENT TO
SOLID WASTE COLLECTION FRANCHISE AGREEMENT
This Third Amendment to Solid Waste Collection Franchise Agreement (this "Third
Amendment") is entered effective on the lst day of January, 2021 by and between the City of
Atascadero, a political subdivision of the State of California ("City") and USA Waste of
California, Inc., d/b/a Atascadero Waste Alternatives, a Delaware corporation ("Contractor") for
Contractor to provide garbage, commingled recycling, greenwaste, food waste and organic waste
services within the incorporated limits of City.
RECITALS
WHEREAS the City and Contractor are parties to that certain Solid Waste Collection
Franchise Agreement (the "Existing Agreement") dated July 15, 2014, which was approved by a
Resolution of the City Council; and
WHEREAS the Existing Agreement was amended on December 18, 2017 (the "First
Amendment") to include the collection of food waste; and
WHEREAS the Existing Agreement was amended on May 1, 2019 (the "Second
Amendment") to address container overage and contamination issues; and
WHEREAS the City's July 15, 2014 agreement with North San Luis Obispo County
Recycling, Inc. for the processing of Recyclable Materials expires on December 31, 2020, and the
City desires that Contractor make arrangements for the processing of Recyclable Materials
commencing on January 1, 2021; and
WHEREAS City and Contractor desire to amend the Existing Agreement, as amended, to
extend the term of the Existing Agreement by one year; and
WHEREAS this Amendment has been developed by and is satisfactory to the parties.
NOW, THEREFORE, for and in consideration of the mutual promises herein contained,
the adequacy of which is hereby acknowledged, it is hereby agreed by and between the City and
Contractor as follows:
1. The first paragraph of Section 3.2 is deleted in its entirety and replaced with the following:
"3.2 The term of the Agreement shall expire on December 31, 2021, unless extended by
the patties as provided in Article 3.3 (Option to Extend)."
2. The third paragraph of Section 4.6 is deleted in its entirety.
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3. The third and fourth sentences of Section 5.7.H are deleted in their entirety.
4. The second sentence of Section 5.16 is amended to read:
"Monthly residue shall not exceed twenty-five (25) percent of the monthly Recyclable
Materials delivered to the Materials Recovery Facility."
5. The third sentence of Section 5.16 is deleted in its entirety.
6. Except as provided in this Third Amendment, the terms and conditions of the Existing
Agreement, First Amendment and Second Amendment remain in full force and effect.
IN WITNESS WHEREOF, City and Contractor have executed this Third Amendment as of the
day and year first above written.
Cl OF ATAS �O
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Rachelle Rickard
City Manager
APPROVED AS ) FORM
Brian A.t t
irz
City Attorney
USA WASTE OF CALIFORNIA, INC.
Title: Vice President
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