USA Waste of California Inc dba Waste Management of Los Angeles (Amendment No. 1) AMENDMENT NO. 1
TO THE AGREEMENT FOR NONEXCLUSIVE COMMERCIAL COLLECTION AND
DISPOSAL SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND
USA Waste of California Inc. dba Waste Management of Los Angeles
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES
("Amendment")by and between the CITY OF RANCHO PALOS VERDES("CITY")and USA
Waste of California Inc. dba Waste Management of Los Angeles, ("COLLECTOR") is
effective as of the 1st day of January, 2016.
RECITALS
A. CITY and COLLECTOR entered into that Certain Agreement for Nonexclusive
Commercial Collection and Disposal Services dated November 18, 2014 ("Agreement")whereby
COLLECTOR agreed to provide solid waste collection and disposal services from January 1,2015,
to December 31, 2015, in exchange for nonexclusive franchise rights granted by the CITY.
B. CITY and COLLECTOR now desire to amend the Agreement to extend the Term
until March 31, 2016.
TERMS
1. Contract Changes. The Agreement is amended as follows:
(a) Section A.3 "TERM OF AGREEMENT" shall be amended to read as
follows:
"TERM OF AGREEMENT: This Agreement shall become effective on January 1, 2015,
and shall remain in force through December 31, 2015 March 31, 2016. The Agreement may, in
the sole discretion of CITY,be extended for an additional one(1)year period(or any shorter period
of time, as determined by CITY), if COLLECTOR provides written notice to CITY on or before
October 31,2015,that COLLECTOR wishes to continue to provide services within the CITY,and
the CITY gives written notice of its approval of the extension to COLLECTOR no later than
December 21, 2015."
(b) Section A.6 "ACKNOWLEDGEMENTS" shall be amended to read as
follows:
"ACKNOWLEDGEMENTS: By entering into this Agreement, CONTRACTOR hereby
acknowledges and agrees that:
a) it has read and is familiar with the provisions of Chapter 8.20 of the
Municipal Code; and
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b) it has received the notice referred to in Recital I, and is aware that if the
CITY enters into an exclusive collection agreement in the future, no renewal of this Agreement
beyond December 31, 2015 March 31, 2016 may occur."
2. Continuing Effect of Agreement. Except as amended by this Agreement, all
provisions of the Agreement shall remain unchanged and in full force and effect. From and after
the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall
mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. CITY and
COLLECTOR each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective,valid,and binding
obligation.
COLLECTOR represents and warrants to CITY that, as of the date of this Amendment,
CITY is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
CITY represents and warrants to COLLECTOR that, as of the date of this Amendment,
COLLECTOR is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute
and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement,such party
is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement
does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES
All
Dyda, Mayo
r/
ATTEST.
- • 01C- Wifr
Carla Morreale, City Clerk
APPROVED AS TO FORM:
ALESHIRE& WYNDER, LLP
4(1
:
Dave Ales -, City Attorney COLLECTOR.
e
Name: Pete Demolder
Title: Vic- -resident and
sis ant Secretary
me: N oug Corcoran
Title: Vi - 'resident
ddress:9081 Tujunga Ave.
Sun Valley, CA 91352
NOTE: COLLECTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY
THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO COLLECTOR'S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CALIFORNIA
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COUNTY OF 444afirgligittlE 'Pe4.e Demo Iden
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On Mauek 31 ,2016 before me, Rbt;` ,personally appeared‘D Crtt3 CinfeAra.11 ,proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s)*/are subscribed to the within instrument and
acknowledged to me that-hellfire/ley executed the same in I ler/their authorized capacity(ies), and that by
mer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal. ——————————
t:-...-..,,, A.ANN JONES
,,,1, Commission#2056986
Signature: 0110i� ;,�;' 4 Notary Public-California
l Los Angeles County
�'�'� M Comm.E fires Feb 16,2018
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
El INDIVIDUAL
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TITLE(S) TITLE OR TYPE OF DOCUMENT
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SIGNER IS REPRESENTING: DATE OF DOCUMENT
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