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ORANGE, COUNTY OF (45) - 2016
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ORANGE, COUNTY OF (45) - 2016
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Last modified
7/13/2016 3:29:53 PM
Creation date
7/13/2016 2:53:29 PM
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Contracts
Company Name
ORANGE, COUNTY OF
Contract #
A-2016-027
Agency
PUBLIC WORKS
Council Approval Date
2/16/2016
Expiration Date
6/30/2025
Destruction Year
2030
Notes
A-2009-047
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Section 1. Amendment to Original Waste Disposal Agreement <br />(a) Sections 3.6(C) and 3.6(E) of the Original Waste Disposal Agreement are deleted and <br />replaced in their entirety, as set forth below: <br />"(C) Receipt of Imported Acceptable Waste on a Contract Basis. Throughout the Term <br />hereof, the County shall have the right to enter into a contract or other agreement with any <br />municipal or private non- County entity for the delivery of Imported Acceptable Waste on <br />terms and conditions that the County determines to be necessary to ensure and enhance the <br />viability of the Disposal System for the benefit of the County and the Participating Cities and to <br />generate Net Import Revenues. The County certifies that in its good faith judgment the contract <br />or other agreement for the delivery of such waste will not materially and adversely affect the <br />ability of the County to receive and dispose of Acceptable Waste from the Participating Cities <br />in accordance with the applicable Disposal Agreements throughout the Term thereof. " <br />"(E) Application and Use of Revenues From Other Users. (1) Throughout the term <br />hereof, all revenues received by the County from the disposal of County Acceptable Waste by <br />the Disposal System, and all revenues received by the County from the disposal of Imported <br />Acceptable Waste by the Disposal System (including amounts received by the County as a <br />result of the failure of contract counterparties to deliver minimum required amounts of <br />Imported Acceptable Waste) , shall be deposited by the County in the County OC Waste & <br />Recycling Enterprise Fund and shall constitute revenues of the Disposal System. Pursuant to <br />the County's Plan of Adjustment, the County is entitled to receive net revenues (after payment <br />of all costs attributable to the acceptance of such Imported Acceptable Waste at the Disposal <br />System) ( "Net Import Revenues ") from the disposal of Imported Acceptable Waste by the <br />Disposal System. Costs attributable to the disposal of Imported Acceptable Waste include <br />deposits to the Environmental Fund, deposits to closure and postclosure reserves, City host <br />fees (if applicable), operating costs (such as manpower expenditures, equipment, services and <br />supplies expenditures), state surcharges, and a pro rata share of capital project costs. Net <br />Import Revenues shall be used for the payment of bankruptcy related obligations until payment <br />in full of such bankruptcy related obligations required to be paid from such Net Import <br />Revenues pursuant to the Plan of Adjustment. It is estimated that payment in full of such <br />bankruptcy related obligations required to be paid from such Net Import Revenues pursuant to <br />the Plan of Adjustment will occur by the end of Fiscal Year 2017 -18. <br />(2) Until the County's obligation to apply Net Import Revenues for the payment of <br />bankruptcy related obligations in accordance with the Plan of Adjustment has been satisfied in <br />full, Net Import Revenues shall be calculated as provided in Section (3.6)(E)(1). For any <br />period after the County's obligation to apply Net Import Revenues for the payment of <br />bankruptcy related obligations in accordance with the Plan of Adjustment has been satisfied in <br />full, Net Import Revenues shall be calculated as follows: <br />(i) in Fiscal Year 2017 -18, Net Import Revenues for each ton of Imported Acceptable <br />Waste received shall be equal to the revenues received for the disposal of such ton of Imported <br />Acceptable Waste (excluding any newly established per -ton fees or increases to existing <br />per -ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory <br />agencies or cities in which facilities in the Disposal System are located) in excess of $17.57 per <br />ton; <br />(ii) in Fiscal Year 2018 -19, Net Import Revenues for each ton of Imported Acceptable <br />Waste received shall be equal to the revenues received for the disposal of such ton of huported <br />2016 Amendment to Waste Disposal Agreement <br />
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