FIRST AMENDMENT
to the
AMENDED AND RESTATED COLLECTION SERVICES AGREEMENT FOR THE PROVISION OF RESIDENTIAL AND COMMERCIAL SOLID WASTE, RECYCLABLE MATERIALS AND ORGANIC WASTE COLLECTION, TRANSFER, PROCESSING AND DISPOSAL SERVICES This First Amendment to the Amended and Restated Collection Services Agreement for the Provision of Residential and Commercial Solid Waste, Recyclable Materials and Organic Waste Collection, Transfer, Processing and Disposal Services (“First Amendment”) is made and entered into on this ____ day of __________, 2026, by and between the City of Salinas, a California charter city and municipal corporation (“City”), and Allied Waste Services of North America, LLC, dba Republic Services of Salinas corporation (“Contractor”), a Delaware limited liability corporation with its principal place of business located at 5353 E. City North Drive, Phoenix, AZ 85054 (“Contractor”) (collectively, the “Parties”).
RECITALS
WHEREAS, the City and the Contractor entered into the Amended and Restated Collection Services Agreement for the Provision of Residential and Commercial Solid Waste, Recyclable Materials and Organic Waste Collection, Transfer, Processing and Disposal Services (“Agreement”), effective as of October 1, 2021; and WHEREAS, the Parties desire to execute minor amendments to the street sweeping provisions of the Agreement and to leave the remainder of the Agreement’s terms and provisions unchanged; and WHEREAS, the Parties desire to amend the Agreement in the manner provided herein per Article 44 of the Agreement.
TERMS
The Parties agree as follows:
Section 1: Article 3, Section 3.05.05 of the Agreement, entitled “Street Sweeping Fee” is hereby deleted and replaced in its entirety with the following:
3.05.5 Street Sweeping and Street Sweeping Fee.
A. Contractor Street Sweeping. City and Contractor agree that, until the date the City assumes responsibility for street sweeping services per subsection (B), below: (1) Contractor shall provide street sweeping services as described at Exhibit 8; and (2) Contractor has the option to subcontract with a third-party street sweeping company with City approval.
B. City Street Sweeping. The City may assume responsibility for performing street sweeping services by providing written notice to the Contractor of: (1) the specified effective date on which the City will assume responsibility for street sweeping services from the Contractor; and (2) the fixed monthly cost for the City’s street sweeping services per subsection (C), below. The City shall provide such written notice to the Contractor at least 90 days’ prior to the date upon which the City intends to assume responsibility for street sweeping services.
C. Street Sweeping Fee. Beginning from the date that the City assumes responsibility for street sweeping services per subsection (B), above, Contractor shall pay City a “Street Sweeping Fee” due by the 15th day of each month. The amount of the Street Sweeping Fee shall be based on the City’s estimated costs for street sweeping service, subject to an annual adjustment for CPI per Section 4.07.1. The Street Sweeping Fee shall be a pass-through adjustment to the Maximum Service Rates, as per Section 4.14.
Section 2: Section 11.01 of Article 11 of the Agreement, entitled “Street Sweeping Services,” is hereby deleted in its entirety, as follows:
Article 11. Street Sweeping Services
11.01 Street Sweeping Services. Subject to the provisions in Section 3.05.5, Contractor shall perform street sweeping services as described in Exhibit 8. Contractor has the option to subcontract with a third-party Street Sweeping company with City approval. Contractor has voluntarily agreed to provide Street Sweeping Services in accordance with this Article 12 as “Good Will” and is not paid for or subsidized by any other Service Recipients and does not impact the Maximum Service Rates as listed in Exhibit 1.
Section 3: This First Amendment may be executed electronically with the same force and effect as original ink signatures.
Section 4: Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective date(s) below each signature.
CITY OF SALINAS
a California charter city
and municipal corporation
ALLIED WASTE SERVICES
OF NORTH AMERICA, LLC
a Delaware limited liability corporation
Dennis Donohue, Mayor
[INSERT], [INSERT TITLE]
Dated: ________________________
Dated: _________________________
ATTEST:
Patricia M. Barajas, CMC, City Clerk
Dated: ________________________
APPROVED AS TO FORM:
Christopher A. Callihan, City Attorney
Dated: ________________________
_________________________________________________________________________________________________________ First Amendment to the Amended and Restated Collection Services Agreement for the Provision of Residential and Commercial Solid Waste, Recyclable Materials and Organic Waste Collection, Transfer, Processing and Disposal Services
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