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HomeMy WebLinkAbout2014-015-A3 Atascadero Waste Alternatives (Approved 2021)CITY OF ATASCADERO CONT13ACT NU BER: cWj q -012A 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. 1 Or _t.:"AIC)YTIO 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 aQQcC (V( C) Rachelle Rickard City Manager APPROVED AS ) FORM Brian A.t t irz City Attorney USA WASTE OF CALIFORNIA, INC. Title: Vice President 2