DocuSign Envelope ID: 71998D94-A171-4F8F-8F34-468483E3156C

TFC Contact No. 18-075-000 RFP No. 303-7-00802

Waste Management of Texas, Inc. Amendment No. 2 (Assignment of Contract)

AMENDMENT NO. 2 (ASSIGNMENT OF CONTRACT)

TO THE CONTRACT FOR WASTE REMOVAL SERVICES

BETWEEN TEXAS FACILITIES COMMISSION

AND WASTE MANAGEMENT OF TEXAS, INC.

THIS AMENDMENT NO. 2 is entered into by and between the Texas Facilities Commission (hereinafter referred to as "TFC"), a state agency located at 1711 San Jacinto Boulevard, Austin, Texas 78701 and Waste Management of Texas, Inc., a Texas Corporation, with its principal place of business located at 9821 Katy Freeway, Suite 700, Houston, Texas 77024 (hereinafter referred to as "Contractor"), to amend the original Contract between TFC and BPI Waste Services of Texas, LP, dba Republic Services of Austin, Texas (hereinafter referred to as "Republic"), as amended, so as to assign the Contract to Waste Management of Texas, Inc. (hereinafter referred to as the "Contractor"), as amended.

WHEREAS, on September 7, 2017, TFC and BFI Waste Services of Texas, LP, dba Republic Services of Austin, Texas ("Republic"), entered ·into that one certain Contract for Waste Removal Services; and

WHEREAS, on June 18, 2018 TFC and Republic entered into Amendment No. I to the Contract for Waste Removal Services (hereinafter referred to as "Amendment No. l "); and

WHEREAS, by the General Conveyance, Assignment and Bill of Sale effective September 21, 2018, BFI Waste Services of Texas, LP (hereinafter referred to as "Seller") conveyed, and by Assumption Agreement entered into and effective on November 30, 2018, Contractor assumed, certain assets used in Seller's residential, commercial and industrial waste collection hauling business in and around Austin, Texas; and

WHEREAS, Contractor made certain representations to TFC in that one certain letter dated December 14, 2018, signed by Ruth Muelker, Assistant Secretary to Contractor; and

WHEREAS, subject to Contract Section 10.1, Assignment and Subcontracts, the parties now desire to assign the Contract in favor of Contractor and change the former Contractor name from Republic to Waste Management Services of Texas, Inc. and make such other changes as may be required; and

WHEREAS, subject to Contract Section 10.21, Entire Contract and Modification, such modifications may only be effected by a written amendment to the Agreement;

NOW, THEREFORE, the parties agree to amend the Agreement as follows:

1. The parties agree to modify the Contract and Amendment No. 1 so that effective as of November 30, 2018, all references therein to "Republic Services of Austin" are replaced with, "Waste Management Services of Texas, Inc."

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DocuSign Envelope ID: 71998094-A 171-4F8F-8F34-4684B3E3156C

TFC Contact No. 18-075-000 RFP No. 303-7-00802

Waste Management of Texas, Inc. Amendment No. 2 (Assignment of Contract)

2. The parties agree to modify ARTICLE X - MISCELLANEOUS PROVISIONS, SECTION 10.7, Notices, by deleting the Contractor contact information and replacing it with the following Contractor contact information:

"For Contractor: Waste Management of Texas, Inc. Attention: Gary Gauci, Title: Public Sector Representative 9708 Giles Lane Austin, Texas 78754 Telephone: 512-484-3819 Email: ggauci@wm.com"

Except as expressly amended above, all provisions of the Contract remain in full force and effect.

In Witness Whereof, the parties hereto have made and executed this Amendment No. 2 to this Contract to be effective as of the date of the last party to sign.

TEXAS FACILITIES COMMISSION WASTE MANAGEMENT OF TEXAS, INC.

~DocuSigned by:

By:~~~c~ By: (!~:E.~;:~~~6r, PWAii Suf6r, Wo.~ ~uJ Mike Novak Print Name: Rick Losa

~~~~~~~~~~--

Executive Director Print Title: Director, Public Sector

Date of execution: 12/20/2018 I 7: 13 AM cl5ate of execution: 12/19/2018 I 4: 53 PM CST

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Dir. z;:!_ ~/1; D.E.D. __ _

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