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� ��- �/ <br /> WHEREAS, or� April 26, 2004, the City Council adopted by Ordinance No. 2261 <br /> an amendment to the Agreement (the "Second Amendment") to allow BFI to implement <br /> a program to diverted r.ommercial organic m�terial from landfill disposal; and �� <br /> WHEt�EAS, the City dssires to make minor clarification changes to the Original <br /> Agreement; and <br /> WHEREAS, the City declares its intention of maintaining reasonable rates and <br /> quality service related to the Collection of Solid Waste, Recyclable Materials� . <br /> Commercial Organic Materials and Plant Materials, and other services; and ' <br /> WHEREAS, the BFI has submitted a plan to provide sigr�€eant Solid Waste, <br /> Recyclat�le Materials, Commercial Organic Materials, and Plant Materials programs at <br /> reasonable costs to the SBWMA and its Member Agen�ies and the City has elected to <br /> enter into this Agreement based on the advantages of that plan; and <br /> WHER�AS, BFI agrees to and acknowledges that it shall arrange for the proper <br /> Disposal of all Solid Waste collected in the City Service Area and City is not instructing <br /> BFI how to collect, process and dispose of 5olid Waste, Recyclable Materials, <br /> Commercial Organic Materials and Plant Materials; and �' <br /> WHEREAS, City and BFI desire to leave no doubts as to their respective roles, <br /> and that by entering into this Agreement, City is not thereby becoming a"generator" or <br /> "arranger" as those terms are used in CERCLA 107 (a)(3), and that it is BFI, not City, <br /> which is "arranging for" the Collection, transportation and Disposal at the designated <br /> Transfer Station or Disposal Site of Solid Waste; ar�d, <br /> WH�REAS, City and BFI acknowledge separate agreemsrrt�.between BFI and <br /> SBWMA for the (1) purchase of the Transfer Station Facility; (2) transfer and <br /> processing; and (3) landfill Disposal of Solid Waste generated in City and these <br /> agreements shall govern the transfer, processing and Disposal of Solid Waste; and <br /> WHEREAS, City and BFI (Parties) hereto desire to e�ter said Agreement, and <br /> BFI acknowledges that the City may delegate to the SBWMA any and all aspects of the <br /> administration of this Agreement with the specific exc�ption of setting rates for the City; <br /> and , <br /> WHEREAS, City has selected �FI based on its knowledge and experience in <br /> servicing the City and its plans for the implementation of specific programs to meet <br /> City's diversion goals; and <br /> WHEREAS, this Agreement has been developed by and is satisfactory to the <br /> parties; and <br /> Atty/Ord/Ord.235 <br /> 0�3105 2 <br />