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HomeMy WebLinkAbout2014-015-A4 Atascadero Waste Alternatives (Approved 2021)CITY OF ATASCADERO CONT TACT NUMBER: of - 015 a FOURTH AMENDMENT TO SOLID WASTE COLLECTION FRANCHISE AGREEMENT This Fourth Amendment to Solid Waste Collection Franchise Agreement (this "Fourth Amendment") is entered effective on the 1st day of January, 2022 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 So4d Waste Collec ion Franchise Agreement (the "Existing Agreement") dated July 15, 2014, which. was a-proved`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 Existing Agreement was amended on January 1, 2021 (the `"third Amendment") to address the termination of the Third Party Processing Agreement and extend the term of the Existing Agreement; 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, 2022, unless extended by the parties as provided in Article 3.3 (Option to Extend)." 2. Except as provided in this Fourth Amendment, the terms and conditions of the Existing Agreement, First Amendment, Second Amendment and Third Amendment remain in full force and effect. 1 IN WITNESS WHEREOF, City and Contractor have executed this Fourth Amendment as of the day and year first above written. CITY OF Rachelle Rickard City Manager_ AT:FL'CT dLLfpLCl41�J1 , APPROVE FORM L Brian A. Pierik City Attorney USA nWASTE JOF CALIFORNIA, INC. By: � `�6 l (% Title: Vice President 2