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AMENDMENT NO. 1 <br /> TO NON-EXCLUSIVE FRANCHISE AGREEMENT <br /> FOR PROVISION OF SOLID WASTE HANDLING SERVICES <br /> THIS AMENDMENT TO THE NON-EXCLUSIVE FRANCHISE AGREEMENT <br /> ("Amendment") by and between the CITY OF RANCHO PALOS VERDES ("City") USA <br /> Waste of California, Inc. DBA Waste Management of Los Angeles, a California Corporation <br /> ("Contractor") is effective as of the 5T14 day of 4J e ceM eel; 2017. <br /> RECITALS <br /> A. City and Contractor entered into that certain Non-Exclusive Franchise Agreement <br /> For Provision Of Solid Waste Handling Services dated April 1,2016("Agreement")whereby City <br /> granted Contractor a non-exclusive franchise to provide solid waste handling services to <br /> commercial premises, and on-call box and bin services to residential and commercial premises. <br /> B. City and Contractor now desire to amend the Agreement to extend the term for <br /> three(3) years, and to make other miscellaneous changes. <br /> TERMS <br /> 1. Contract Changes.The Agreement is amended as provided herein.Deleted text is <br /> indicated in strilethr-eugh and added text in bold italics. <br /> (a) Section 2.3, Term & Extended Term, is hereby amended to read as <br /> follows: <br /> "Unless earlier terminated in accordance with Article XI of this Agreement, this <br /> Agreement shall continue in full force and effect from the Effective Date until <br /> December 31, 204-7 2020. If contractor provides written notice to City of its <br /> willingness to extend the Agreement not later than six(6)calendar months prior to <br /> expiration of the term or any extended term of the Agreement, City may, in its sole <br /> and unfettered discretion,extend the term of this Agreement,under its then-existing <br /> terms and conditions, for a maximum of three (3) years (or any shorter period of <br /> time, as may be determined by City). City may waive the six-month notice <br /> requirement in its sole discretion." <br /> (b) Section 3.3.3,Payment Protocol,is hereby amended to read as follows: <br /> "All such Franchise Fees and AB 939 Fees required pursuant to this Section 3.3 <br /> shall be made to City within thirty (30) Days of the conclusion of each calendar <br /> quarter during the Term hereof, including any extension thereof. Upon the <br /> expiration of any such thirty (30) Day period, a delinquent assessment of twenty- <br /> five percent (25%) of the amount due per month, or Two Hundred Dollars Even <br /> ($200.00), whichever is higher, shall be levied against any unpaid balance. Each <br /> payment of the Franchisee Fee and AB 939 Fee shall be accompanied by a <br /> statement setting forth the Gross Receipts collected by Franchisee and the <br />