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AMENDMENT NO. 3 TO RESIDENTIAL REFUSE AND RECYCLING AGREEMENT
BY AND BETWEEN THE CITY OF ARCADIA AND WASTE MANAGEMENT. INC.
This Amendment No. 3 ( "Amendment') is hereby entered into by and between
the City of Arcadia, a municipal corporation of the State of California, and Waste
Management with respect to that certain Residential Refuse and Recycling Agreement
between the parties dated August 19, 1999 ( "Agreement').
The parties agree as follows:
1. Section G - Collection Rates and Bills — Information and Process, Item 2
of the Agreement is hereby amended by changing the index used to
calculate rate adjustments from March through March of the previous year
of the Consumer Price Index (CPI) to January through December.
2. All of the terms and provisions of the Agreement are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 3 on the date
set forth below.
CITY OF ARCADIA
By: `:I7�,C?P� r Akei< '714t7
William R. Kelly Date
City Manager
(SEAL)
ATTEST: 1 -
APPROVED AS TO FORM:
City Attorney
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Waste Ma
In
ager
Pat Malloy
Public Works Services Director
ORIGINAL
AMENDMENT NO. 2 TO THE CITY OF ARCADIA
EXCLUSIVE RESIDENTIAL
REFUSE AND RECYCLABLES AGREEMENT
WITH WASTE MANAGEMENT
COLLECTION AND RECYCLING, INC.
THIS AMENDMENT NO. 2 TO THE CITY OF ARCADIA EXCLUSIVE
�t)RESIDENTIAL REFUSE AND RECYCLABLES AGREEMENT WITH WASTE
�4p MANAGEMENT, INC. ( "Second Amendment') is entered into this /�, day of
- ,Deceuib4r, 20011. between the City of Arcadia ( "City "), a California municipal
corporation, and Waste Management Collection and Recycling, Inc., a California
corporation ("WMI"). City and WMI are sometimes herein referred to
collectively as the "Parties."
RECITALS
WHEREAS, City and Newco Waste Systems ( "Newco ") entered into that
certain Exclusive Residential Refuse and Recyclables Agreement dated August 6,
1996 ( "Original Agreement') wherein the City granted Newco an exclusive
franchise to collect residential refuse within the City; and
WHEREAS, on August 20, 1999, the City entered into a Transfer
Agreement Regarding Refuse and Recycling Agreement with Newco Systems, Inc
and U.S.A. Waste of California ( "USA Waste "), whereby USA Waste, a wholly -
owned subsidiary of WMI, would become the successor in interest to Newco; and
WHEREAS, on August 17, 1999, City and WMI executed Amendment
No.l to the Residential Refuse and Recycling Agreement amending certain
provisions in the Original Agreement relating to long term access to disposal
capacity and bulky items; and
WHEREAS, City and WMI desire to amend the Original Agreement once
again to provide for a contract extension, an automated greenwaste collection
program and to impose certain requirements for multi - family residential waste
collection.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENTS
Section 1. Amendment of Section B of the Original Agreement. Section B of the
Original Agreement is hereby amended by rewording Section B.1.(a) of the
agreement to read as follows:
"Green Waste. The Contractor agrees to treat green waste as
recyclable materials as defined or sanctioned by State law or
regulation. Yard waste will be placed curbside in contractor-
provided greenwaste containers and shall be picked -up once a week
by customer selected level of service as identified in: Exhibit A.
Only yard waste is to be placed in the greenwaste containers.
Bundled brush and clippings not placed in greenwaste containers
may be picked -up as a bulky -item pick -up."
Section 2. Amendment of Section C of the Original Agreement. Subsection 4 of
Section C is hereby deleted in its entirety.
Section 3. Amendment of Section R of the Original Agreement. Section R of the
Original Agreement is hereby amended to read as follows:
1. This Agreement shall expire on June 30, 2009.
2. Beginning no later than July 1, 2008 both parties shall begin
good faith negotiations with the intent of revising or drafting a new agreement.
Such negotiations shall last for a period not to exceed six (6) months, unless an
extension is mutually agreed upon in writing. However, the decision to extend or
adopt any future agreement resulting from said negotiations shall be entirely up to
the City Council.
Section 4. Amendment of Section A of the Original Agreement. Subsection 23 is
hereby added to Section A of the Original Agreement to read as follows:
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"Transformation shall mean the burning of 50% of the total solid
waste collected from all multi - family complexes that is taken to the
Commerce Refuse -to- Energy Facility (CREF) `transforming' the
solid waste to energy and the by product into ash."
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Section 5. Amendment of Section B of the Original Agreement. Subsection 7 is
hereby added to Section B of the Original Agreement to read as follows:
"The contractor shall transport 50% of all the solid waste collected
from multi - family complexes to the Commerce Refuse -to- Energy
Facility (CREF), "transforming" the solid waste to energy and the by
product into ash."
Section 6. Except as specifically amended by the terms of this Amendment No.
2, all other provisions of the Original Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the Parties hereto have executed this
Amendment No. 2 on the date first herein above written.
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[SIGNATURES ON FOLLOWING PAGE]
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CITY
CITY OF ARCADIA
a California Municipal Corporation
By: Vl -�
City Manager
Dated: III , 2002
ATTEST:
By: 'ty
Ci lerk =of the Cit 15fArcadial
APPROVED AS TO FORD:
CONTRACTOR
Waste Management, Inc.
a California Corporation
By:
Its:
CONCUR:
City Attorney of the City of Arcadia Departure t Head Date
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OMIN
L
AMENDMENT NO. 1 TO THE RESIDENTIAL REFUSE AND `
RECYCLING AGREEMENT BY AND BETWEEN THE CITY OF
ARCADIA AND WASTE MANAGEMENT COLLECTION AND
RECYCLING, INC.
This Amendment No. 1 ( "Amendment No. 1 ") is entered into by and
between the City of Arcadia, a municipal corporation of the state of California, and
Waste Management Collection and Recycling, Inc. with respect to that certain
Residential Refuse and Recyling Agreement between the parties dated August 17,
1999 ( "Agreement ").
The parties agree as follows:
Section 1. Amendment of Section B of the Agreement. Section B of the
Agreement is amended by adding Subsection 7 to read as follows:
"Contractor shall guarantee long term access to disposal capacity necessary
to meet the mandate identified in State of California Assembly Bill 939.
This guarantee will be provided by Contractor for the term of this
Agreement, including any and all extensions."
Section B. 1.(b) of the Agreement is amended to read:
"Bulky Items collected by Contractor on a reservation basis, shall be limited
to household objects deemed reasonable, including, but not limited to, all
large, bulky or difficult to handle objects such as couches, refrigerators,
rugs, water heaters, washing machines and other items. Contractor further
agrees to bear the full cost and expense of collecting bulk waste four (4)
times per year at any residence upon the resident's request and at no charge
to the resident. Additional pick -ups shall be charged pursuant to the rates
established by the City."
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In witness whereof the parties have executed this Amendment No. 1 on the
date set forth below.
CITY OF ARCADIA
(SEAL)
ATTEST:
Clerk
APPROVED AS TO FORM:
City Attorney
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CONTRACTOR
By
Title