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Att 2 - Amendment No. 4 to the 2011 Agreement with CR&R Incorporated.docx

San Clemente City Council
October 1, 2024

Document
Att 2 - Amendment No. 4 to the 2011 Agreement with CR&R Incorporated.docx
Meeting
October 1, 2024
Body
San Clemente City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on san-clemente.legistar1.com. That file is the official record.

Attachment 2Attachment 2
Attachment 2
Attachment 2
AMENDMENT NO. 4

TO AGREEMENT BETWEEN

THE CITY OF SAN CLEMENTE

AND CR&R INCORPORATED

FOR SOLID WASTE HANDLING SERVICES
AMENDMENT NO. 4

TO AGREEMENT BETWEEN

THE CITY OF SAN CLEMENTE AND CR&R INCORPORATED

FOR SOLID WASTE HANDLING SERVICES
This Amendment No. 4 to Agreement between the City of San Clemente and CR&R Incorporated for Solid Waste Handling Services ("Fourth Amendment") 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").

R E C I T A L S:

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 (the "2011 Agreement") dated January 1, 2011.

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 (“First Amendment") on June 13, 2016.

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 (“Second Amendment") on November 9, 2021.

On September 26, 2022, City issued to CR&R a Notice of Termination of the automatic renewal of the 2011 Agreement as amended. This resulted in an Agreement termination date of June 30, 2024.

City and Contractor entered into that certain Amendment No. 3 to Agreement between the City of San Clemente and CR&R Incorporated for Solid Waste Handling Services (“Third Amendment") on July 1, 2024 to extend the term from July 1, 2024 to October 31, 2024. The 2011 Agreement, as modified by the First, Second and Third Amendments, is hereinafter referred to as the "Agreement." City and Contractor desire to amend the Agreement in the manner provided herein below.

C O V E N A N T S:

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:

Section 5 Term of the Agreement is hereby amended by extending the term of the Agreement two months through December 31, 2024 without a CPI increase which will be addressed as part of a proposed future Second Amended and Restated Agreement.

Except as expressly amended by this Fourth Amendment, the remaining portions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Fourth 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
Dated: ____________________, 2024
By:________________________________
David Ronnenberg, Secretary
Dated: ___________________, 2024

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