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City Clerk Document No.
City Council Meeting Date: July 20, 2023
AMENDMENT TO CITY OF CHANDLER AGREEMENT
SOLID WASTE COLLECTION AND TRANSFER STATION SERVICES
CITY OF CHANDLER AGREEMENT NO. SW0-910-2493
THIS AMENDMENT NO. 2 (Amendment No. 2) is made and entered into by and between the City of
Chandler, an Arizona municipal corporation (City), and Waste Management of Arizona, Inc. (Contractor),
(City and Contractor may individually be referred to as Party and collectively referred to as Parties) and
made
, 2023 (Effective Date).
RECITALS
WHEREAS, the Parties entered into an agreement for solid waste collection and transfer station services
(Agreement); and
WHEREAS, the term of the Agreement was October 1, 2010, through September 30, 2020, with the
option of up to one ten-year extension; and
WHEREAS, the Parties exercised the option to extend the Agreement for the period of October 1, 2020,
through September 30, 2030, through Amendment No. 1 dated September 24, 2020; and
WHEREAS, the Parties wish to memorialize their agreement to a rate adjustment resulting from
extraordinary circumstances.
AGREEMENT
NOW THEREFORE, the Parties agree as follows:
1.
The recitals are accurate and are incorporated and made a part of the Agreement by this
reference.
2.
The City will pay the Contractor a one-time lump sum payment in the amount of $1,068,000 to
address the increase in the cost of labor in Fiscal Years 2020-21 and 2021-22. This payment will
be made in August 2023.
DocuSign Envelope ID: AF6FB8CF-8934-456C-889B-BB5C30492538
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3.
The Agreement unit prices will be adjusted by 3.5%, in accordance with the annual adjustment
detailed in Amendment No. 1 dated September 24, 2020. This adjustment will be effective July
1, 2023.
4.
Contingent upon City Council approval of an adjustment to the Solid Waste rates for Fiscal Year
2024-25, the Agreement unit prices will be permanently adjusted by 8.8% in addition to the
annual adjustment detailed in Amendment No. 1 dated September 24, 2020. This adjustment
will be effective July 1, 2024.
5.
Effective July 1, 2025, and through the remainder of the term of the Agreement, the Agreement
unit prices will be adjusted in accordance with the annual adjustment detailed in Amendment
No. 1 dated September 24, 2020.
6.
Section 12 of the Agreement is amended to include pollution liability, as follows.
Pollution Liability:
Per Occurrence
$10,000,000
Annual Aggregate
$10,000,000
The policy must be endorsed to include the following additional insured language: "The City of
Chandler its agents, representatives, officers, directors, officials, employees, and volunteers
shall be named as an additional insured with respect to liability arising out of the activities
performed by Contractor."
The policy must include coverage for: (i) Cleanup of sudden or accidental pollution conditions
arising from the services, as defined in the Agreement; cleanup of new conditions arising from
Contractor's services under this Agreement and third-party claims for on and off-site bodily
injury and property damage; and (ii) Contractor warrants that any retroactive date under the
policy shall precede the effective date of this Agreement; and that either continuous coverage
will be maintained or an extended discovery period will be exercised for a period of two (2)
years beginning at the time work under this Agreement is completed.
7.
All other terms and conditions of the Agreement remain unchanged and in full force and effect.
If a conflict or ambiguity arises between this Amendment No. 2 and the Agreement, the terms
and conditions in this Amendment No. 2 prevail and control.
DocuSign Envelope ID: AF6FB8CF-8934-456C-889B-BB5C30492538
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IN WITNESS WHEREOF, the Parties have entered into this Amendment on the Effective Date.
FOR THE CITY
FOR THE CONTRACTOR
By: _________________________________________
By: _________________________________________
Its: Mayor
Its: _________________________________________
APPROVED AS TO FORM:
By: _________________________________________
City Attorney
ATTEST:
By: _________________________________________
City Clerk
DocuSign Envelope ID: AF6FB8CF-8934-456C-889B-BB5C30492538
Director, Public Sector Solutions