Agenda Packet_2025-05-20 - Laserfiche WebLink

Home Browse Search

1. County Acceptable Waste, in tons; 2. Imported Acceptable Waste, in tons; 3. Revenues and expenditures; 4. Cash fund balances, including all monies in the County Solid Waste Enterprise Fund, with specific delineation of monies in the Environmental Fund, Restricted Reserves, Unrestricted Reserves, and all other funds of the System. 5. Projected liabilities for closure and post closure as well as reasonable reserves for other environmental costs. The purpose of the Ten-Year Financial Projection is to keep the City fully informed about the future financial condition of the Disposal System. The County shall cause a copy of the Ten-Year Financial Projection to be delivered to the City Manager of the City no later than May 1 of each year. Upon request, the County shall make available to the Cities supporting information related to the ten-year financial projection ARTICLE V BREACH, ENFORCEMENT AND TERMINATION SECTION 5.1 BREACH. The parties agree that in the event either party breaches any obligation under this Agreement or any representation made by either party hereunder is untrue in any material respect, the other party shall have the right to take any action at law or in equity (including actions for injunctive relief, mandamus and specific performance) it may have to enforce the payment of any amounts due or the performance of any obligationstobeperformedhereunder. Neither party shall have the right to terminate this Agreement except as provided in Section 5.2 and Section 5.3 hereof or as otherwise provided in this Agreement. SECTION 5.2 CITY CONVENIENCE TERMINATION. The City shall have the right to terminate this Agreement in its sole discretion, for its convenience and without cause at any time during the Term hereof upon90days' written notice to the County. If the City exercises its rights to terminate the Agreement pursuant to this Section, the City shall pay the County a termination fee equal to the Contract Rate in effect at the time of such termination (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2)multiplied by the number of tons of City Acceptable Waste delivered to the Disposal System during the precedingtwelvemonths (or, if the City had been in breach of the Waste Disposal Covenant during such prior months, such amount as would have been delivered if the City had complied with the Waste Disposal Covenant), multiplied by the number of years remaining in the Term of the Agreement. SECTION 5.3 TERMINATION. A) B Cit . Except as expressly provided herein, the City shall have no right to terminatethisAgreementforcauseexceptintheeventoftherepeatedfailureorrefusalbytheCountysubstantiallytoperform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the City the right to terminate this Agreement for cause under this subsection unless: 1) The City has given prior written notice to the County stating that a specifiedfailureorrefusaltoperformexistswhichwill, unless corrected, constitute a material breach of this Agreement onthepartoftheCountyandwhichwill, in its opinion, give the City the right to terminate this Agreement for causeunderthissubsectionunlesssuchbreachiscorrectedwithinareasonableperiodoftime, and 2) The County has neither challenged in an appropriate forum (in accordance withSection5.5) the City's conclusion that such failure or refusal to perform has occurred or constitutes a materialbreachofthisAgreementnorcorrectedordiligentlytakenstepstocorrectsuchbreachwithinareasonableperiodoftimenotmorethan90daysfromthedateofthenoticegivenpursuanttoclause (1) of this subsection (but if the Execution Copy 23 City Council 22 – 30 5/20/2025