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CONTRACT 4189A Amendment CLOSED Agreement No. 4189A Agreement No. 4189 FIRSTAMENDMENT TO AGREEMENT NO. 4189 BETWEEN THE CITY OF EL SEGUNDO AND CONSOLIDATED DISPOSAL SERVICE, L.L.C. THIS FIRST AMENDMENT ("Amendment") is made and entered into this 15th day of August 2018, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ("CITY"), and CONSOLIDATED DISPOSAL SERVICE, L.L.C., a Delaware limited liability company dba REPUBLIC SERVICES, INC. ("FRANCHISEE"). This amendment is based on the following facts: A. In 2011, the CITY awarded a franchise to FRANCHISEE for the collection of Residential Solid Waste in the City of El Segundo; the CITY and FRANCHISEE memorialized the terms of the franchise in an Agreement("Agreement No. 4189"); B. Agreement No. 4819 expires on October 31, 2018 (Section V); C. The CITY desires to issue a Request for Proposal for the collection of Residential Solid Waste, and anticipates that a new franchise will be awarded sometime after October 31, 2018; in response, FRANCHISEE has provided the CITY its proposed rates, attached hereto as Exhibit A and incorporated by this reference; D. Accordingly, the parties desire to extend the term of Agreement No. 4819 to continue the provision of collection services by FRANCHISEE until a new franchise is awarded. NOW, THEREFORE,the parties agree as follows: 1. Exhibit "C" to Agreement No. 4189 is amended so that effective November 1, 2018, the City will pay the rate of$16.55 for weekly residential solid waste collection per residential premise and per month for a maximum of six months (i.e., until April 30, 2019). 2. Section 5.01, Article V (Term) is amended so that effective November 1, 2018, the term of the Agreement will be on a month-to-month basis. The CITY can terminate the Agreement with 30 days' written notice to FRANCHISEE. 3. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 4. Except as modified by this Amendment, all other terms and conditions of the Agreement, as amended, remain the same. 1 Agreement No. 4189A Agreement No. 4189 IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first hereinabove written. CI"I"`a' F; IE " 4N ) COINS Ir'ED DISPOSAL SERVICE, L.L.C. Gr ':`aarp, ter Nam l'itle: Ci Man, ler A"I'"1"IiS"f: Taxpayer ID No. City Clerk APPROVED AS TO FORM: G for Mark D. llensley City Attorney 2 Agreement No. 4189A EXHIBIT A REPUBLIC SERVICES July 5, 2018 Ken Berkman, PE Director of Public Works City of EI Segundo 350 Main St EI Segundo, CA 90245-3813 Subject: Curbside Recycle and Waste Collection Dear Mr. Berkman, As previously discussed, and in an effort to demonstrate good faith, Republic Services proposes a month-to-month rate of$16.55 per home good for up to six(6) months beyond our current refuse collection agreement expiration date. We are happy to discuss this matter further as you wish. Please contact us with any questions. Respectfully, ILI Dawn M. Harris-Benton Municipal Services Manager Republic Services-Gardena Hauling Division Cc: Ray Grothaus, General Manager Republic Services- Gardena Hauling Division