AMENDMENT NO. 13 TO
AMENDED, REVISED AND RESTATED
AGREEMENT FOR SOLID WASTE HANDLING SERVICES BETWEEN
THE CITY OF PLACENTIA AND
REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, LLC
This Amendment No. 13 (the "Amendment") is made and entered into effective the 1St day of July 2022, by and between the City of Placentia, a Charter City and Municipal Corporation ("City"), and Republic Waste Services of Southern California, LLC, a wholly owned subsidiary of Republic Services, Inc. a Delaware Limited Liability Company, dba Placentia Disposal for Solid Waste Handling Services (hereinafter "Contractor"). City and Contractor are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties."
A. Recitals.
(i). Effective July 20, 2010, City and Contractor entered into the "Amended, Revised and Restated Agreement";
(ii). The Agreement has been revised nine times previously, the most recent revision being the Amendment No.12, which became effective July 1, 2021; (iii). City and Contractor have determined that this Amendment is required to provide for increased costs and expenses to be incurred in connection with solid waste handling services for City's residents and commercial, industrial and municipal entities and agencies within the City. (iv). The City and Contractor desire to amend the Franchise Agreement to provide Commercial Recycling services and to provide related educational services; (v). The Parties now seek to amend the Agreement to provide for increased costs and expenses to be incurred in connection with solid waste handling services for City's residents and commercial, industrial and municipal entities and agencies within the City (vi) All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Agreement is amended as follows:
B. Amendment to Agreement.
1. In all respects as set forth in the Recitals, Part A., above, the Recitals are incorporated into the Agreement.
2. Contractor shall continue to provide solid waste handling services for City's residents and commercial, industrial and municipal entities and agencies within the City in accordance with the Agreement.
3. Exhibit "A" of the Agreement hereby is amended to reflect the rates and charges permitted to be charged by Contractor during Fiscal Year 2022-23 as set forth in Exhibit "A" hereto captioned "City of Placentia Rate Summary — Effective July 1, 2022."
4. The "Approved Contractor Rate Schedule" in Exhibit A of the Agreement is hereby amended to include the refuse/organics collection rates shown in Exhibit 1.
5. Except as specifically modified herein, all of the remaining terms, conditions and provisions of the Agreement shall remain in full force and effect.
6. The Agreement, all amendments together with this Amendment No.13and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 13 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
7. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 13 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No.10 to the Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
By: By:
Daniel Capener Damien R. Arrula
General Manager City Administrator
ATTEST:
Robert S. McKinnell,
City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen
City Attorney