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1 AMENDED AND RESTATED AGREEMENT 2 FOR 3 S()LID WASTE, RECYCLABLE MATERIALS, C()MMERCIAL ()RGANIC 4 MATERIALS, AND PLANT MATERIALS COLLECTION SERVICES 5 6 This AMENDED AND RESTAT~ AGREEMENT (hereinafter referred to as 7 " Agreement") is made as of this ~ ay o~ 2005 by and between the CITY OF 8 REDW()()D CITY, a charter city and municipal corporation (hereinafter referred to as 9 Agency), and BPI WASTE SYSTEMS OF NORTH AMERICA, INC, a Delaware 10 corporation (hereinafter referred to as "Contractor"). 11 12 13 Recitals: 14 15 Whereas, the Legislature of the State of California, by enactment of the Act of 16 1989 (Act) (California Public Resources Code Section 40000 et seq.), has declared that it 17 is in the public interest to authorize and require local agencies to make adequate 18 provisions for Solid Waste handling within their jurisdiction; and 19 20 Whereas, the State of California has found and declared that the amount of Solid 21 Waste generated in California, coupled with diminishing landfill space and potential 22 adverse environmental impacts from landfilling and the need to conserve natural 23 resources, have created an urgent need for State and local agencies to enact and 24 implement an aggressive integrated waste management program. The State has, 25 through enactment of the Act, directed the responsible state agency, and all local 26 agencies, to promote landfill diversion and to maximize the use of feasible waste 27 reduction, Recycling and composting options in order to reduce the amount of Solid 28 Waste that must be disposed of in landfills; and 29 30 Whereas, pursuant to California Public Resources Code Section 40059(a)(2), the 31 Agency has determined that the public health, safety, and well-being require that a 32 franchise agreement be awarded to a qualified contractor for the Collection of Solid 33 Waste, Recyclable Materials, and Plant Materials, and other services related to meeting 34 the diversion goals, and other requirements of the California Act; and 35 36 Whereas, the Agreement (()riginal Agreement) dated September 9, 1999 37 approved by the City Council November 8, 1999, effective March 1, 2000, will expire 38 December 31, 2006; and 39 40 Whereas, on June 12, 2000, the City Council adopted by Ordinance # 2192 the 41 First Supplemental Agreement to the Agreement (the "First Amendment") to expand 42 the collection of plant materials to include service to non-residential properties; and 43 Atty j Agrj2005.022 060205 -1-