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FIRST AMENDMENT TO COLLECTION SERVICES AGREEMENT
FOR THE PROVISION OF RESIDENTIAL AND COMMERCIAL GARBAGE,
RECYCLABLE MATERIALS AND ORGANIC WASTE COLLECTION SERVICES
This First Amendment To Collection Services Agreement For The Provision Of Residential And
Commercial Garbage, Recyclable Materials And Organic Waste Collection Services (the "First
Amendment"), dated as of the latter of the signature dates below ("Effective Date"), is by and between
The City of Beaumont, a general law city and California municipal corporation ("City") and USA Waste
of California Inc., as Delaware Corporation, doing business in California as Waste Management of the
Inland Empire ("Contractor").
WHEREAS, on May 7, 2019, the City Council of the City of Beaumont unanimously approved a
Collection Services Agreement for the Provision of Residential and Commercial Garbage, Recyclable
Materials and Organic Waste Collection Services between the City and Contractor ("Agreement"); and
WHEREAS, the Agreement requires the City to assist in the collection of delinquent fees or
charges for single family residential Solid Waste Handling Services, by placing those fees on the property
tax roll; and
WHEREAS, the Agreement does not permit the City to assist in the collection of delinquent fees
or charges for commercial or multifamily residential premises; and,
WHEREAS, City and Contractor desire for the City to be able to assist in the collection of
delinquent fees or charges for commercial or multifamily residential Solid Waste Handling Services on the
property tax roll.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor agree as
follows:
1. Delinquencies. Section 4.04 (inclusive of Subsections 4.04.1 and 4.04.2) of the
Agreement are amended and restated in its entirety as follows:
"4.04 Delinquent Service Accounts. In consideration for CONTRACTOR' s agreement to not
discontinue Collection Service from delinquent Service Units as identified in Section 4.04.2, CITY agrees
to assist CONTRACTOR with placing and collecting qualifying delinquencies for All Service Recipients
(inclusive of SFD, MFD, and Commercial Service Recipients), (hereinafter "All Service Recipients")
including late fees and interest in the amounts set forth in Exhibit 1, on the tax roll in accordance with
Health & Safety Code Section 5473a et seq. CONTRACTOR shall, by April 1st of each year or at such
other time as CITY and CONTRACTOR shall agree upon, notify CITY in writing as to whether it will seek
to have CITY place and collect qualifying delinquencies on the tax roll. CONTRACTOR shall be
responsible for timely preparing, at no cost to CITY, all required information, reports, notices, and materials
including without limitation, the report required by Health & Safety Code section 5473, the notices required
by Health & Safety Code section 5473.1, and paying for any publication costs. In addition, should CITY's
City Attorney or special counsel, determine that placement of eligible delinquencies on the tax roll also
require CITY to comply with the requirements of Proposition 218 and implementing legislation and court
decisions (hereinafter "PROP 218), then CONTRACTOR shall timely prepare, at no cost to CITY, all
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RIV #4839-7332-4204 v2
required information, report, notices and materials necessary to comply with PROP 218. CITY agrees that
it shall, within sixty (60) days after the Effective Date of this Agreement, adopt the necessary ordinance
authorizing collection of eligible delinquent Service Recipient accounts on the tax roll, and to hold all
hearings, timely publish all notices, and timely make all filings, required under the above sections, provided
CONTRACTOR has timely provided the required information, reports, notices and materials to CITY. For
the purposes of this section, a "qualifying delinquency" is a Commercial Service Recipient, MFD Service
Recipient, or SFD Service Recipient account that is at least sixty (60) days in arrears and for which
CONTRACTOR has provided at least one written notice delivered to the service recipient by mail or other
reasonable means.
4.04.1 Report of Delinquencies. In addition to, and to facilitate the foregoing, but not in
lieu of any requirement stated above, CONTRACTOR shall report to the Agreement Administrator, on a
quarterly basis, all Service Recipients who have received Collection Service and whose account is over
ninety (90) days past due. The CITY shall assist CONTRACTOR in placing delinquent accounts on the
Riverside County property tax roll, and shall pay CONTRACTOR money collected from payment of the
delinquency, less the CITY' s cost to administer the tax roll lien process.
4.04.2 CONTRACTOR's Reservation of Legal Rights and Remedies. Notwithstanding
the foregoing, CONTRACTOR reserves its right to, and may take such action as is legally available to
collect or cause collection of such past due amounts. Provided however, that CONTRACTOR must not
discontinue Collection Services on any SFD Service Unit, MFD Service Unit, or Commercial Service Unit
due to non-payment; except (1) in the event that CONTRACTOR has elected not to pursue the procedure
described in Section 4.04 above and CONTRACTOR has received the express written permission of the
Agreement Administrator; or (2) in the event that CONTACTOR has elected to pursue the procedure
described in Section 4.04 above, but there is a valid and successful protest hearing as provided in Health &
Safety Code Section 5473.2 rendering the CITY legally unable to pursue placing and collecting qualifying
delinquencies on the tax roll in any particular year or years."
2. Other Terms and Conditions Remain. Except as expressly set forth in this First
Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference
in the Agreement to itself shall be deemed also to refer to this First Amendment.
3. Capitalized Terms. All capitalized terms used but not defined herein shall have the same
meanings as defined in the Agreement.
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RIV #4839-7332-4204 v2
IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the last
date written below.
CITY:
City of Beaumont,
a municipal corporation
Title:
Date:
Attest:
1,4-*
/22-/202.L)
Steven Mehlman, City Clerk
Approved as to form leg
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RN #4839-7332-4204 v2
CONTRACTOR:
USA Waste of California Inc., as Delaware
Corporation, doing business in California as
Waste Management of the Inland Empire
Prin`Name: Doug Corcoran
Title: Vice President
Date:
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