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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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below),the Contract Rate shall be adjusted each July 1, beginning 2029,in an amount equal to the percentage change <br /> in the CPI(as defined above)as measured from the October twenty one(21)months prior to the rate adjustment to the <br /> October immediately preceding the rate adjustment(the "Annual CPI Adjustment"). For example: The July 1, 2029 <br /> Annual CPI Adjustment to the Contract Rate shall be based upon the change in CPI from October 2027, to October <br /> 2028,referred to as year l and year 2 respectively in the following example. <br /> Formula to calculate percentage change in the Contract Rate based on Annual CPI Adjustment: <br /> Step 1: <br /> October Year 2 CPI <br /> - 1=°fo increase in Contract Rate <br /> October Year I CPI <br /> Step 2: Current Contract Rate x(l+%increase in Contract Rate)=Contract Rate as of July i Year 2 <br /> On each April 1,commencing April 1,2029,the County shall provide the City with notice of the Annual CPI <br /> Adjustment to the Contract Rate to be effective the following July 1. Such notice shall contain the calculation of the <br /> adjustment set forth above.The County shall calculate the new Contract Rate each year. <br /> In the event that the change in CPI as described above is negative rather than positive,no rate adjustment will <br /> be made for that year. No adjustment under this Section 4.2(F) will take place until the October CPI index surpasses <br /> the index level as of the October immediately preceding the last annual rate adjustment pursuant to this Section 4.1(F), <br /> which will be considered"year 1"in calculating the change in the Contract Rate. <br /> For example, if the change in CPI is measured as follows: October 2027=205,October 2028=204,October <br /> 2029 =201, October 2030 =208, then there would be no adjustment in July 2029, or July 2030, and an adjustment <br /> equal to the change from 205 to 208 would be implemented on July 1,2031. <br /> Contract Rate True-u . On an annual basis,no later than each April 30, beginning April 30,2030,the County <br /> shall conduct an annual review of factors pertaining to the most recently completed fiscal year(s)including but not limited <br /> to,tonnage received throughout the Waste Infrastructure System,Cumulative Tonnage Targets identified in Appendix 2, <br /> revenue received from all sources, Department expenditures, and other factors that make up Department's total costs. <br /> County shall notify City prior to April 30, 2030 (and every April 30 thereafter) and advise whether the Annual CPI <br /> Adjustment to the Contract Rate should be frozen for a period of time (in circumstances where Department revenues <br /> exceed Department Full Cost Recovery needs)or to determine whether the Contract Rate should be increased beyond the <br /> Annual CPI Adjustment as defined above (in circumstances where Department costs exceed CPI) to ensure that <br /> Department revenues meet Full Cost Recovery. <br /> Within thirty (30) days of finalizing each annual review, the County shall transmit its findings and the bases <br /> thereof to Participating Cities at the next regularly scheduled OCCMA meeting or other forum mutually agreed to by the <br /> County and OCCMA.If requested by the City or OCCMA,the County shall reasonably respond to requests from the City <br /> and/or OCCMA for additional information including, but not limited to,requests to meet and discuss reviews, findings, <br /> and bases of findings. At the request of 50%of Participating Cities,County agrees to meet and confer in good faith with <br /> OCCMA,within sixty(60)days to discuss retention of a consultant acceptable to both the County and OCCMA to conduct <br /> an independent review of the County's annual review findings. <br /> Nothing in this section shall be interpreted as limiting the County's rights under Section 4.2(A). <br /> (G) Adiustment Resulting from Increased Fees. In addition to the other adjustments specified <br /> herein,the Contract Rate shall be adjusted to reflect the imposition of new fees or increase in existing fees relating to <br /> the disposal of Controllable Waste imposed by State, federal or other agencies (e.g., the State's Integrated Waste <br /> Management fee,which is currently$1.40 per ton,but is expected in increase during the term of this Agreement).The <br /> adjustment shall be equal to the amount of any new or increased fee, and the adjustment shall take effect so as to <br /> coincide with the imposition of the new or increased fee.The County shall provide notice of any increase pursuant to <br /> this Section 4.2(G) as soon as practicable after becoming aware of the imposition of any fees described above. <br /> Adjustments pursuant to this Section 4.2(G)shall not require compliance with the provisions of Section 4.2(I). <br /> (H) [RESERVED] <br />
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