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COCScan@santa-ana.org_20260511_124043
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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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(2) at the sole discretion of the County,utilize Unrestricted Reserves to pay costs of the <br /> Waste Infrastructure System. <br /> The County will not be required to utilize such remedies prior to adjusting the Contract Rate as a result of any of the <br /> circumstances described in clauses(v)or(vii)above. <br /> Any adjustments to the Contract Rate permitted by this Section shall be calculated by the County to reflect the actual <br /> costs or expenses of addressing the circumstance or circumstances pursuant to which the adjustment is authorized.The <br /> County agrees that, where appropriate, it will evaluate the feasibility of long-term financing for significant capital <br /> costs. Notwithstanding the forgoing,no adjustment to the Contract Rate shall occur as a result of costs associated with <br /> the programs identified in Section 3.7, without first going through the process outlined in Section 4.2 and expressly <br /> agreed to by 50%of Participating Cities. <br /> (B) County Acceptable Waste Shortfall. In the event that the actual amount of County <br /> Acceptable Waste delivered to the Disposal System at the end of any Contract Year is less than the Cumulative <br /> Tonnage Target for such Contract Year for County Acceptable Waste, as specified in Appendix 2, the County shall <br /> utilize the following options, in the following order of priority,in order to remedy any adverse effects of such tonnage <br /> shortfall: <br /> (i) reduce the costs of operating the Waste Infrastructure System to the extent <br /> practicable; <br /> (ii) at the sole discretion of County,utilize Restricted Reserves described in clause <br /> (iii)of Section 4.5 to pay costs of the Waste Infrastructure System; <br /> (iii) at the sole discretion of County, utilize Unrestricted Reserves to pay costs of the <br /> Waste infrastructure System; and <br /> (iv) adjust the Contract Rate. <br /> In the event that implementation of the steps described above does not result in sufficient revenues to satisfactorily <br /> address the shortfall in tonnage,the County shall have the right to terminate the Agreement on one-hundred eighty(180) <br /> days written notice to the City. In addition, in the event that Waste Infrastructure expenses are lower than estimated or <br /> actual deliveries to the Disposal System exceed the Cumulative Tonnage Target as of the end of any Contract Year,the <br /> City acknowledges the County shall have the right to establish reserves intended to reflect the potential for lower than <br /> expected annual waste deliveries in subsequent years,and that any such reserves shall constitute"Restricted Reserves". <br /> (C) [RESERVED] <br /> (D) Interim Use of Remedies. In the event that, during any Contract Year,waste deliveries to <br /> the Disposal System are 25%or more below delivery projections for such Contract Year with the result that the County <br /> determines it is unlikely that the Cumulative Tonnage Target will be achieved as of the end of such Contract Year,the <br /> County may utilize the remedies described in Section 4.2(B)prior to the end of such Contract Year;provided,however, <br /> that if at the end of such Contract Year, the Cumulative Tonnage Target is actually met, the County shall reimburse <br /> any adjustments to the Contract Rate made pursuant to this Section to Participating Cities. Such reimbursement shall <br /> occur in a manner as agreed between the parties,and may be given as a credit or adjustment to the Contract Rate for <br /> future deliveries,rather than a lump sum payment. <br /> (E) Special Charges. Notwithstanding Section 42(A), the County shall have the right to <br /> establish special charges for the provision of new or expanded services or the receipt of hard to handle materials,such <br /> as bulky materials,construction and demolition debris,tree stumps and sludge.Should the County wish to provide new <br /> or expanded services to Cities, it may charge for such services upon agreement of City. Special charges shall be <br /> calculated to reflect the reasonable incremental costs to the County of providing the new or expanded services or <br /> accepting such hard to handle materials. <br /> Adjustments pursuant to this Section 4.2(E)shall not require compliance with the provisions of Section 4.2(1) <br /> (F) Annual CPI Escalation. Subject to the application of the Contract Rate True-up (provided <br />
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