Attachment 2
AMENDMENT NO. 3
TO AGREEMENT BETWEEN
THE CITY OF SAN CLEMENTE
AND CR&R INCORPORATED
FOR SOLID WASTE HANDLING SERVICES
AMENDMENT NO. 3
TO AGREEMENT BETWEEN
THE CITY OF SAN CLEMENTE AND CR&R INCORPORATED
FOR SOLID WASTE HANDLING SERVICES
This Amendment No. 3 to Agreement between the City of San Clemente and CR&R Incorporated for Solid Waste Handling Services ("Amendment No. 3") is made and entered into on this day of 2024, by and between City of San Clemente, a California municipal corporation (City ), and CR&R Incorporated ("Contractor").
RECITALS:
A. City and Contractor entered into that certain Amended and Restated Agreement between the City of San Clemente and CR&R Incorporated for Solid Waste Handling Services dated January 1, 2011 (the "2011 Agreement").
B. City and Contractor entered into that certain Amendment No. 1 to Agreement between the City of San Clemente and CR&R Incorporated for Solid Waste Handling Services on June 13, 2016 ("First Amendment").
C. City and Contractor entered into that certain Amendment No. 2 to Agreement between the City of San Clemente and CR&R Incorporated for Solid Waste Handling Services on November 9, 2021 ("Second Amendment"). The 2011 Agreement, as modified by the First Amendment and the Second Amendment, is hereinafter referred to as the "Agreement."
D. City issued to Contractor a Notice of Termination of the automatic renewal of the Agreement on September 26, 2022. This resulted in an Agreement termination date of June 30, 2024.
E. City and Contractor are still in negotiations over the terms of a new Amended and Restated Agreement for Solid Waste Handling Services.
F. City and Contractor will address the CPI increase that will not occur on July 1, 2024 per the existing Agreement as stated in Section 21.B. as part of the proposed future Amended and Restated Agreement and consistent with applicable law.
G. City and Contractor desire to amend the Agreement in the manner provided herein below.
COVENANTS:
Based upon the foregoing Recitals, which are true and correct and incorporated in this Amendment, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties. City and Contractor hereby agree to the following revisions to the Agreement:
1. Section 5 Term of the Agreement is hereby amended by extending the term of the Agreement four months through October 31, 2024 without a CPI increase, which will be addressed as part of a proposed future Amended and Restated Agreement.
2. This Third Amendment may be executed electronically with the same force and effect as original ink signatures.
3. Except as expressly amended by this Third Amendment, the remaining portions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be duly executed on the respective dates set forth opposite of their signatures.
CITY OF SAN CLEMENTE
By: _
Andy Hall, City Manager
ATTEST: Dated: _ 2024
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
Elizabeth A. Mitchell, City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
Finance Authorization
CR&R INCORPORATED
("CONTRACTOR")
By:_
Clifford Ronnenberg, Chief Executive Officer
_ 2024
By:
David Ronnenberg, Secretary
Dated: 6/12 _ 2024