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16-0419_ORANGE, COUNTY OF_Amd No. 2 to Memorandum of UnderstandingCounty of Orange, OC Waste & Recycling City of San Juan Capistrano AMENDMENT NUMBER TWO TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE REGARDING THE PRIMA DESHECHA LANDFILL This "Amendment" to the Memorandum of Understanding between the City of San Juan Capistrano and the County of Orange Regarding the Prima Deshecha Landfill dated September 12*, 1995, as amended by that certain First Amendment to the Memorandum of Understanding between the City of San Juan Capistrano and the County of Orange regarding the Prima Deshecha Landfill, dated November 21, 1995, collectively the "Agreement", is entered into upon execution of all necessary signatures between the County of Orange, a political subdivision of the State of California, through its OC Waste & Recycling department ("County") and the City of San Juan Capistrano, a General Law city of the State of California ("City"). County and City may sometimes be referred to as "Parties." RECITALS WHEREAS, Cormty and City entered into the original Memorandum of Understanding on September 12* 1995 for the purpose of establishing duties and procedures regarding the importation of toimage at the Prima Deshecha Landfill and other matters of mutual concern; and WHEREAS, County and City entered into the First Amendment to the Memorandum of Understanding on November 21, 1995 regarding the cooperative building of a berm to buffer the noise and view of vehicles traveling to the Prima Deshecha Landfill; and WHEREAS, County and City have negotiated to provide City with additional compensation as consideration for the impacts on the City due to County's continued importation of solid waste from outside of Orange Coimty and delivery of in-County waste; NOW, THEREFORE, in consideration of the premises hereto and the mutual covenants and agreements set forth herein, the Parties agree as follows: 1. The following will be added to the end of Section 1 .E of the Agreement: 4. The County will work jointly with the City to identify revised hauling routes and evaluate County's enforcement options for compliance with the provisions of this Section. 2. Section 3 of the Agreement shall be deleted and replaced in its entirety with the following language: Through June 30, 2016: Per Ton Importation Fee The Coimty will pay to City an importation fee of $ 1.16 per ton for each ton of Out-of-County Waste deposited in the Landfill. Beginning Julv 1. 2016: Per Ton Importation Fee The per-ton host fee for importation will follow the per-ton host fee for in-County waste. Beginning July 1,2016, the County will increase the per-ton host fee for importation fi-om the current $1.16 per ton to $ 1.50 per ton for waste imported from outside the County and accepted at Prima Deshecha Landfill, excluding exempt waste and soil. The per-ton host fee will be Execution Copy Page 1 of 3 County of Orange, OC Waste & Recycling City of San Juan Capistrano paid to the City'on a quarterly basis beginning with the July 1-September 30, 2016 quarter, and payable forty-five days after the end of each quarter. Payment will be based on actual toimage levels. Beginning Julv 1, 2016: Per Ton In-Countv Host Fee Beginning July 1, 2016, the County will pay to City $1.50 per ton of waste accepted at Prima Deshecha Landfill, excluding (i) exempt waste and soil, (ii) imported waste, and (iii) City of San Juan Capistrano-generated waste. The per-ton host fee will be paid to the City on a quarterly basis beginning with the July 1-September 30, 2016 quarter, and payable forty-five days after the end of each quarter. Payment will be based on actual tonnage levels. Beginning Julv L 2016: Environmental Education Funding Effective July 1,2016, coterminous with the City's WDA, the County will fund environmental education programs to be developed cooperatively between City and County staff up to a cost of $25,000 per fiscal year. 3. Parties agree to enter into good faith negotiations related to the pending solid waste facility permit revision for the extension of operations at the Zone 1 and Zone 4 of the Prima Deshecha Landfill, with negotiations to be completed by June 30, 2017. 4. This Amendment shall not become effective except upon the execution by County of the Amendment to the Waste Disposal Agreement between the County of Orange, California and the City of San Juan Capistrano Dated May 5,2009, which extends that agreement until June 30, 2025. 5. Except as explicitly amended herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS] Execution Copy Page 2 of 3 County of Orange, OC Waste & Recycling City of San Juan Capistrano IN WITNESS WHEREOF, the Parties acknowledge that they have read this Amendment and agree to be bound by its terms. Each party has full power and authority to enter into this Amendment, and the person signing this Amendment on behalf of each is properly authorized and empowered to do so. COUNTY OF ORANGE Date Dylan, Wrigm, Director, OC Waste & Recycling APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA James Steinmann, Deputy APPROVED AS TO FORM: GENERAL COUNSEL CITY OF SAN JUAN CAPISTRANO, CALIFORNIA Maria Mor U^ ity Attorney Execution Copy Page 3 of 3