THIRD AMENDMENT TO AGREEMENT WITH RECOLOGY OF THE COAST This THIRD AMENDMENT to the Franchise Agreement (“Third Amendment”) hereinafter referenced is entered into and effective as of November 25, 2024 between the City of Pacifica, a California municipal corporation (“City”), and Recology of the Coast, a California corporation (“Contractor”). City and Contractor may be referred to individually or collectively referred to as “parties.”
WHEREAS, in February, 2010, the City and Contractor entered into a Franchise Agreement Between the City of Pacifica and Recology of the Coast for Recyclable Materials, Organic Materials and Solid Waste Collection Services (“Agreement”); and WHEREAS, on March 11, 2013, the City and Contractor entered into a First Amended Franchise Agreement for Recyclable Materials, Organic Materials, and Solid Waste Collection Services; and
WHEREAS, on October 24, 2016 the City Council adopted Resolution No. 69- 2022, extending the term of the Agreement for an additional five years until December 31, 2022; and
WHEREAS, on October 10, 2022 the City and Contractor entered into a Second Amendment to Franchise Agreement, extending the term of the Agreement for an additional ten years until December 31, 2032 and making certain other mutually agreed upon changes; and
WHEREAS, the parties wish to amend the Agreement as set forth herein to make certain revisions to the services provided by Contractor.
NOW, THEREFORE, in consideration of the mutual promises contained in this Third Amendment and for other good and valuable consideration, City and Contractor agree as follows:
1. The foregoing recitals are true and correct and are incorporated as terms into this Third Amendment.
2. Section 5.02.D.5 of the Agreement is hereby amended to read in its entirety as follows:
“5. Grit and Screenings. Contractor shall Collect grit and screenings from the City’s sewage treatment plant and pump stations and Dispose of the materials on a not less than weekly basis at the Ox Mountain Sanitary Landfill. Contractor shall provide, at its own cost, two grit boxes suitable for the collection and hauling of the grit and screenings.
Notwithstanding anything else in this Agreement, Contractor shall charge and City shall pay Contractor an initial rate per haul of $353.00 plus the actual disposal costs incurred by Contractor for the disposal of the grit and screenings. Effective January 1, 2025 and each January 1 thereafter during the term of the Agreement, the per haul rate shall be adjusted using the index-based adjustment methodology set forth in Section 3 of Attachment K. At the end of the Term of the Agreement, Contractor shall transfer ownership of the grit boxes to City at no additional cost to City. In the event Contractor is no longer able to deliver grit to the Ox Mountain Sanitary Landfill (due to changes in acceptance standards or other reasons), the parties agree to adjust the per haul rate over and above the index-based adjustment amount in an amount sufficient to compensate Contractor for any increased transportation costs or tip fees associated with the change in disposal facility.”
3. Section 6.01.A of the Agreement shall be amended to add the following paragraph at the end of subsection A:
“Notwithstanding the foregoing, the Designated Disposal Facility for residential organic materials shall be South Valley Organics and commercial organic materials shall be South Bay Waste Management Authority.”
4. The definition of “Designated Disposal Facility” in Attachment A of the Agreement shall be deleted and replaced with the following:
““Designated Disposal Facility” means (i) the Ox Mountain Sanitary Landfill located at 12310 San Mateo Road, Half Moon Bay California, which is owned and operated by Republic Waste Services, or (ii) any other permitted landfill selected by Contractor pursuant to Section 6.01, or (iii) for Residential organic materials the Designated Disposal Facility shall be South Valley Organics and for commercial organic materials the Designated Disposal Facility shall be South Bay Waste Management Authority.”
5. Except as expressly modified by this Third Amendment, all terms and conditions of the Agreement shall remain unchanged and in full force and effect. Capitalized terms used but not defined herein shall have the meanings given to them in the Agreement. All references in this Third Amendment to Articles, Sections and Exhibits refer to articles, sections and exhibits of the Agreement.
IN WITNESS WHEREOF, the duly authorized representatives of the parties have executed this Third Amendment to Franchise Agreement as of the date first written above.
City of Pacifica
By:
Kevin Woodhouse, City Manager
Recology of the Coast
By:
Salvatore M. Coniglio
Chief Executive Officer
ATTEST:
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Sarah Coffey, City Clerk
APPROVED AS TO FORM
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Michelle Marchetta Kenyon, City Attorney