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06/27/2005 recycling and solid waste collection in conjunction with changing Spring and Fall clean- ups to two on-call clean-ups annually, effective February 2001; and WHEREAS, on April 26, 2004, the City Council adopted by Ordinance No. 2261 an amendment to the Agreement (the "Second Amendment") to allow BFI to implement a program to divert commercial organic material from landfill disposal; and WHEREAS, the City desires to make minor clarification changes to the Original Agreement; and WHEREAS, the City declares its intention of maintaining reasonable rates and quality service related to the Collection of Solid Waste, Recyclable Materials, Commercial Organic Materials and Plant Materials, and other services; and WHEREAS, BFI has submitted a plan to provide significant Solid Waste, Recyclable Materials, Commercial Organic Materials, and Plant Materials programs at reasonable costs to the SBWMA and its Member Agencies and the City has elected to enter into this Agreement based on the advantages of that plan; and WHEREAS, BFI agrees to and acknowledges that it shall arrange for the proper Disposal of all Solid Waste collected in the City Service Area and City is not instructing BFI how to collect, process and dispose of Solid Waste, Recyclable Materials, Commercial Organic Materials and Plant Materials; and WHEREAS, City and BFI desire to leave no doubts as to their respective roles, and that by entering into this Agreement, City is not thereby becoming a "generator" or "arranger" as those terms are used in CERCLA 107 (a)(3), and that it is BFI, not City, which is "arranging for" the Collection, transportation and Disposal at the designated Transfer Station or Disposal Site of Solid Waste; and, WHEREAS, City and BFI acknowledge separate agreements between BFI and the SBWMA for the (1) purchase of the Transfer Station Facility; (2) transfer and processing; and (3) landfill Disposal of Solid Waste generated in City and these agreements shall govern the transfer, processing and Disposal of Solid Waste; and WHEREAS, City and BFI (Parties) hereto desire to enter said Agreement, and BFI acknowledges that the City may delegate to the SBWMA any and all aspects of the administration of this Agreement with the specific exception of setting rates for the City; and WHEREAS, City has selected BFI based on its knowledge and experience in servicing the City and its plans for the implementation of specific programs to meet City's diversion goals; and WHEREAS, this Agreement has been developed by and is satisfactory to the parties; and Atty/OrdiOrd.235 060105 2 2280 Muff # 803 II