AMENDMENT TO THE FRANCHISE AGREEMENT FOR SOLID WASTE AND RECYCLING
COLLECTION SERVICES BETWEEN THE CITY OF FORTUNA AND
RECOLOGY EEL RIVER
This Amendment (this “Amendment”) amends that certain Solid Waste and Curbside Recycling Franchise Agreement, effective as of July 1, 1995, between the City of Fortuna and Recology Eel River (as successor in interest to Eel River Disposal Company, Inc.) and is made and entered into as of May 18, 2026 by and between the City of Fortuna (“City”), and Recology Eel River (“Contractor”). The City and Contractor are collectively referred to herein as the “Parties” and individually as “Party”).
RECITALS
This Amendment is entered into with reference to the following facts and circumstances:
WHEREAS, the City and Recology Eel River are parties to that certain Solid Waste and Curbside Recycling Franchise Agreement, effective as of July 1, 1995, as amended (the “Franchise Agreement”);
WHEREAS, the Franchise Agreement expires on September 30, 2026; WHEREAS, the City and Recology Humboldt County, an affiliate of Contractor, are currently negotiating a new franchise agreement (the “2026 Franchise Agreement”) to, among other things, ensure compliance with new state mandate Senate Bill (SB) 1383; WHEREAS, the Parties previously anticipated that the 2026 Franchise Agreement would commence on October 1, 2026 and amended the Franchise Agreement to provide for a shortterm extension of the Franchise Agreement from July 1, 2026, through September 30, 2026.
WHEREAS, the 2027 Franchise Agreement will now commence no earlier than July 1, 2027 which will therefore require a short-term extension of the Franchise Agreement from October 1, 2026, through June 30, 2027.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein, the City and Contractor do hereby agree as follows:
1. This Amendment shall extend the term of the Franchise Agreement through June 30, 2027.
2. Except as set forth in this Amendment, all of the terms and conditions of the Franchise Agreement will remain unmodified and in full force and effect.
IN WITNESS WHEREOF, the City and Contractor have approved and executed this Amendment as of the date set forth above.
RECOLOGY EEL RIVER
By:
Printed Name: Salvatore M. Coniglio
Title: Chief Executive Officer
THE CITY OF FORTUNA
By:
Printed Name: Amy Nilsen
Title: City Manager