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governing bodies.The County is agreeable to OCCMA's requested extension to the Current WDA on terms as <br /> provided in this Second Amendment. <br /> The City has determined that the execution of this Second Amendment by the City is in the best <br /> interest of the City and will serve the public health, safety, and welfare by continuing the waste disposal <br /> services historically provided under the Current WDA while the Parties: (1)engage in due diligence related to <br /> a new WDA, in order forthe City to evaluate the cost/benefit of a new WDA,which is expected to include the <br /> City and OCCMA obtaining more comprehensive and detailed information on the County's plans for <br /> infrastructure expansion and improvements, the financial and operational conditions of the existing Waste <br /> Infrastructure System, and the components, timing, and procedures for future contract fee increases; and, <br /> (2) negotiate the terms and conditions of a new WDA. <br /> The County has determined that the execution by the County of this Second Amendment will serve <br /> the public health, safety, and welfare by continuing to provide a stable, predictable, and reliable supply of <br /> municipal solid waste and the resulting service payment revenue to the Disposal System, while the Parties <br /> exchange information and conduct negotiations with the County goal of ensuring that any negotiated <br /> Contract Rate in the new WDA covers the full cost of operations and infrastructure O&M and development <br /> needed to ensure indemnification and regulatory compliance.. <br /> Official action approving this Second Amendment and determining it to be in the public interest and <br /> authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on <br /> the cover page hereof. <br /> Official action approving this Second Amendment and determining it to be in the public interest and <br /> authorizing its execution and delivery was duly taken by the County on the County authorization date <br /> indicated on the cover page hereof. <br /> It is,therefore,agreed as follows: <br /> 1. Extended Term. <br /> (a) Section 6.1(A) of the Current WDA is deleted in its entirety and replaced with the following: <br /> "Extended Term. This Agreement shall continue in full force and effect until 11:59 p.m. on June 30, <br /> 2026 (the "Extended Term"), unless earlier terminated in accordance with its terms, in which event <br /> the Extended Term shall be deemed to have expired as of the date of such termination." <br /> (b) Section 6.1(B)is deleted in its entirety. <br /> (c) Section 6.1 (C)of the Current WDA is deleted in its entirety and replaced with the following: <br /> "Contract Rate Negotiations During-Extended Term. If the Orange County City Manager Association's <br /> committee tasked with negotiating the terms of a successor to this Agreement with the County and <br /> recommending approval of the same to the Parties (the "Committee") and the County have not <br /> reached mutually agreeable terms of a successor to this Agreement including, but not limited to, <br /> proposed revisions to the Contract Rate, by September 30, 2025,the County shall,and it is expected <br /> that the Committee will provide, updates to all Participating Cities, and their respective governing <br /> bodies as may be deemed necessary, regarding the status of negotiations on a monthly basis until <br /> mutually agreeable terms are reached or the Extended Term expires." <br /> Page 3 of 5 <br />