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Last modified
5/11/2026 12:40:05 PM
Creation date
5/11/2026 12:39:10 PM
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Contracts
Company Name
ORANGE, COUNTY OF
Contract #
A-2026-049
Agency
Public Works
Council Approval Date
4/21/2026
Expiration Date
6/30/2036
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M No Right of Waste Substitution.Nothing in this Agreement shall authorize or entitle the <br /> City to deliver or cause the delivery to the Waste Infrastructure System of Acceptable Waste or Acceptable Organic <br /> Waste originating from or generated outside the jurisdiction of the City,nor obligate the County to receive or dispose <br /> of any such Acceptable Waste or Acceptable Organic Waste.The City shall not assign in whole or in part its right to <br /> deliver or cause to be delivered Controllable Waste or Controllable Organic Waste to the County hereunder,and shall <br /> not permit any Acceptable Waste or Acceptable Organic Waste originating from or generated outside the jurisdiction <br /> of the City to be substituted for Controllable Waste or Controllable Organic Waste for any purpose hereunder. <br /> (K) Annexations and Restructurine.It is the intention of the parties that this Agreement and the <br /> obligations and rights of the City hereunder, including particularly the Waste Disposal Covenant and the Contract <br /> Rate, shall, to the extent permitted by Applicable Law, extend to any territory annexed by the City (or any territory <br /> with respect to which the City assumes solid waste management responsibility from a Sanitary District or other public <br /> entity)and shall bind any successor or restructured Governmental Body which shall assume or succeed to the rights <br /> of the City under Applicable Law. <br /> SECTION 3.2 PROVISION OF WASTE INFRASTRUCTURE SERVICES BY THE COUNTY. <br /> (A) Service Covenant.Commencing on the Commencement Date,and subject to available Waste <br /> Infrastructure System capacity, the County shall provide or cause the provision of the service of receiving and <br /> disposing of all Controllable Waste at the Waste Infrastructure System, and, in accordance with subsection 3.3(C) <br /> hereof,disposing of Unacceptable Waste inadvertently accepted at the Disposal System. The County,to the maximum <br /> extent permitted under Applicable Law, shall use its best efforts to increase source reduction, materials recovery, <br /> recycling,organic processing or other waste diversion in the region as may be required by law or which result in the <br /> long-term preservation of landfill disposal capacity and to keep the Waste Infrastructure System open for the receipt <br /> of Acceptable Waste for disposal or transfer of Controllable Waste pursuant to this Agreement. The County shall do <br /> and perform all acts and things which may be reasonably necessary or desirable in connection with its covenants in <br /> this subsection,including without limitation all planning,development,administration, implementation,construction, <br /> operation, maintenance, management, financing and contract work related thereto or undertaken in connection <br /> therewith. The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the <br /> Service Covenant consistent with its responsibilities hereunder and under this Agreement,Applicable Law and prudent <br /> solid waste management practice and environmental considerations. <br /> (B) Source-Separated Household Hazardous Waste. The County shall maintain, as part of the <br /> Waste Infrastructure System, a Source-Separated Household Hazardous Waste Disposal System for the disposal of <br /> Source-Separated Household Hazardous Waste.The disposal service provided by such system shall constitute part of <br /> the Disposal Services, and shall be available to Participating Cities as part of the Contract Rate. The County may <br /> impose additional fees and charges for new services relating to Source-Separated Household Hazardous Waste or with <br /> respect to cities which are not parties to an Agreement. The County may provide for the expansion, contraction or <br /> modification of the Source-Separated Household Hazardous Waste Disposal System and its services to the extent <br /> necessary to ensure the Waste Infrastructure System's viability. <br /> (C) Designated Facilities. County and City will coordinate in determining the primary landfill <br /> used for disposal and processing of Controllable Waste. The Department shall immediately advise the City by <br /> telephone of any situation, event or circumstance which results in the partial or complete inability of the County to <br /> receive Controllable Waste at any particular landfill within the Waste Infrastructure System, its effect on the County's <br /> ability to perform its obligations hereunder,and the County's best estimate of the probable duration.The Department <br /> shall confirm such advice in writing within twenty four(24)hours of the occurrence of any such inability. The County <br /> shall use its best efforts to resume normal operation of the landfill used by the City as soon as possible. In the event a <br /> situation,event or circumstance results in the partial or complete inability of the County to receive Controllable Waste <br /> at any particular landfill within the Waste Infrastructure System the County shall have the right to redirect Controllable <br /> Waste to another landfill within the Waste Infrastructure System for the duration of the situation, event or <br /> circumstance;provided,however,that in such circumstances the County shall utilize reasonable efforts to first redirect <br /> waste which is not Controllable Waste.In no event shall the County be required to accept Controllable Waste if it does <br /> not have sufficient permitted disposal capacity within the Waste Infrastructure System. <br /> (D) Compliance with Service Covenant Not Excused for any Reason. Commencing on the <br />
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