Item 22 Second Amendment to the Waste Disposal Agreement with the County of Orange

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In recommending any revisions to the Contract Rate, in addition to the circumstances described in Section 4.2(A), the Committee and County may take into consideration factors including, but not limited to, the following: (i) actual cost of operations; (i i) population growth; (iii) increase or decrease in available tonnage; (iv) economic and disposal market conditions in the Southern California region; (v) changes in transportation and technology; (vi) changes in transportation costs; (vii) closure and expansion of nearby landfills; (viii) capacity of the Disposal System; (ix) long-term infrastructure needs; and (x) available reserves which are in excess of the amount reasonably required as reserves. (d) Appendix 2 of the Current WDA is deleted in its entirety and replaced with the following: APPENDIX 2 Cumulative County Acceptable Waste Tonnage Target to be Used for Purposes of Section 4.2(B) Fiscal Year County Acceptable Waste Tonnage Cumulative County Acceptable Waste Tonnage FY 2025-26 3,166,659 3,166,659 2. Contract Rate. (a) The first paragraph of Section 4.2(A) of the Current WDA is deleted in its entirety and replaced with the following: "(A) Establishment of Contract Rate. During the Extended Term, the Contract Rate payable by each Franchise Hauler shall be $43.76 per ton, contingent on the delivery to the Disposal System of an amount of Acceptable Waste at least equal to the Cumulative Tonnage Targets identified in Appendix 2, and subject to adjustment necessary to reflect the circumstances set forth in this Section 4.2, subjections (i) through (z)." Note: Subsections (i) through (z) found in the Current WDA remain unchanged. 3. Effectiveness of Second Amendment. The provisions of this Second Amendment shall not become effective unless and until this Second Amendment has been executed by the County and all of the Participating Cities, and shall become effective once that occurs. Page 4 of 5