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Disposal System and is offering interested Cities the option of participating in the County provided Organic Processing
<br /> Services pursuant to a separate Organic Services Agreement("OSA")as provided in Appendix 5.
<br /> In their effort to continue the concepts and purposes outlined in the WDAs and respond to Organics
<br /> Legislation, the City and the County desire to enter into this Waste Infrastructure System Enterprise Agreement
<br /> ("WISE Agreement'or"Agreement"),on the terns and conditions set forth herein. The County and City acknowledge
<br /> that the currently operative WDA shall remain in full force and effect until its expiration or the WISE Agreement
<br /> Commencement Bate,whichever comes first.
<br /> The City has determined that the execution of this Agreement by the City will serve the public health,safety
<br /> and welfare of the City by providing disposal rate stability, predictable and reliable long-term disposal service, and
<br /> the continuation of sound environmental management.
<br /> The County has determined that the execution by the County of this Agreement will serve the public health,
<br /> safety and welfare by providing a stable, predictable and reliable supply of municipal solid waste and the resulting
<br /> service payment revenue to the Waste Infrastructure System, thereby enabling the County to plan, manage, operate
<br /> and finance improvements to the Waste Infrastructure System on a prudent and sound long term, businesslike basis
<br /> consistent with its legal and regulatory obligations to the State and Federal government.
<br /> Official action approving this Agreement and determining it to be in the public interest and authorizing its
<br /> execution and delivery was duly taken by the County on the County authorization date indicated on the cover page
<br /> hereof.
<br /> Official action approving this Agreement and determining it to be in the public interest and authorizing its
<br /> execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof.
<br /> It is,therefore,agreed as follows:
<br /> ARTICLE I
<br /> DEFINITIONS AND INTERPRETATION
<br /> SECTION LI DEFINITIONS.As used in this Agreement,the following terms shall have the meanings set
<br /> forth below.
<br /> "Acceptable Waste" means all garbage, refuse, rubbish, Organic Waste and other materials and substances
<br /> discarded or rejected as being spent,useless,worthless or in excess to the owners at the time of such discard or rejection
<br /> and which are normally disposed of by or collected from residential (single family and multi-family), commercial,
<br /> industrial, governmental and institutional establishments and which are acceptable at Class III landfills under
<br /> Applicable Law.
<br /> "Act"means AB 939 the California Integrated Waste Management Act of 1989(Division 30 of the California
<br /> Public Resources Code),as amended, supplemented,superseded and replaced from time to time.
<br /> "Agreement"means this Waste Infrastructure System Enterprise Agreement("WISE Agreement')between
<br /> the County and the City as the same may be amended or modified from time to time in accordance herewith.
<br /> "Appendix" means an appendix to this Agreement, as the same may be amended or modified from time to
<br /> time in accordance with the terms hereof
<br /> "Applicable Law"means the Act, Organics Legislation,the Orange County Code of Ordinances, CERCLA,
<br /> RCRA,CEQA,any Legal Entitlement and any federal or State rule,regulation,requirement,guideline,permit,action,
<br /> determination or order of any Governmental Body having jurisdiction, applicable from time to time to the siting,
<br /> design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance
<br /> of the Waste Infrastructure System, and the transfer, handling, transportation and disposal of Acceptable Waste,
<br /> Unacceptable Waste, or any other transaction or matter contemplated hereby (including any of the foregoing which
<br /> concern health,safety,fire,environmental protection,mitigation monitoring plans and building codes).
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