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<br />Attachment A <br />1. Composition Clarification: <br />a. Provider will use the data from the Orange County Solid Waste recycling <br />composition study conducted by Kessler Consulting in April and May of 2019 (the <br />“Kessler Study”) to establish the composition of Orange County recycling for <br />calculating the revenue share, contamination percentage and processing fee the <br />first 90 days of the contract. Provider, at its sole cost and expense, will, during the <br />month of September 2019, conduct a composition study of Orange County recycling <br />material delivered to Provider and compare the resulting composition to the Kessler <br />Study. Both parties agree to review the results by 10-31-19, to determine the <br />composition to calculate the AMV through June 30th, 2020. If the parties cannot <br />agree on a composition moving forward, an average of the composition percentages <br />from each study shall be used to determine the composition to be used for <br />calculating the revenue share, contamination percentage and processing fee for <br />October 2019 through June 2019. <br />The methodology of auditing shall be objective and must be approved by the County. Such <br />approval shall not be unreasonably withheld. <br /> <br />b. Provider, at their sole cost and expense, will conduct an audit annually during April <br />or May of each year to establish the composition data that will be used for purposes <br />of calculating the processing fee, revenue share and contamination percentage for <br />the following contract year. The methodology of auditing shall be objective and <br />must be approved by the County. Such approval shall not be unreasonably <br />withheld. <br /> <br />c. The acceptable materials for recycling are set forth on Exhibit 1, attached hereto. <br />The acceptable items will not be changed by Provider without consultation and <br />agreement of the County. <br /> <br />d. County also agrees to take reasonable steps to ensure that the material provided to <br />Provider shall not include any “Hazardous Substances.” For purposes of this <br />Agreement, Hazardous Substances shall include, but not be limited to, any <br />hazardous or toxic substance, hazardous chemical, material, waste, or compound <br />including known carcinogens or other chemicals known to be a risk to human health <br />and the environment such as petroleum products and asbestos containing materials <br />and including those wastes, materials and substances regulated under state and <br />federal laws including the Comprehensive Environmental Response, Compensation <br />and Liability Act, the Resource Conservation and Recovery Act, the Federal <br />Insecticide, Fungicide, and Rodenticide Act and the Toxic Substances Control Act. <br /> <br />10