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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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(vii) changes in transportation and technology; <br /> (viii) closure and expansion of nearby landfills; <br /> (ix) capacity of the Disposal System; <br /> (x) provision of new and/or expanded services;and <br /> (xi) available reserves which are in excess of the amount reasonably required as <br /> reserves. <br /> (D) Survival; Accrued Rights. The rights and obligations of the parties hereto pursuant to <br /> Sections 3.1(E)(2), 5.1, 5.3, 7.2, 7.3, 7.6, 7.7, 7.8, and 7.9 hereof shall survive the termination or expiration of this <br /> Agreement, and no such termination or expiration shall limit or otherwise affect the respective rights and obligations <br /> of the parties hereto accrued prior to the date of such termination or expiration. At the end of the Term of this <br /> Agreement,all other obligations of the parties shall terminate. <br /> SECTION 6.2 COMMENCEMENT DATE. <br /> (A) Obligations of the Parties Prior to the Commencement Date.The Parties acknowledge that <br /> the Agreements may be executed and delivered on different dates and that,except as provided in this subsection,neither <br /> the County nor the City shall be obligated to perform its obligations hereunder until the Participation Threshold <br /> provided herein has been met and the other conditions to the occurrence of the Commencement Date have occurred. <br /> Prior to the Commencement Date,each Party hereto shall at its own expense exercise good faith and due diligence and <br /> take all steps within its reasonable control in seeking to satisfy the conditions to the Commencement Date set forth <br /> herein as soon as reasonably practicable. The County and the City,each at its own expense,shall cooperate fully with <br /> each other and the other Participating Cities in connection with the foregoing undertaking. Until the Commencement <br /> Date occurs,the Original WDAs shall remain in full force and effect until they expire or are terminated. <br /> (13) Condition to the Commencement Date.The Commencement Date for the Agreement shall <br /> be the date on which Participating Cities reach the Participation Threshold.Unincorporated County is assumed to be a <br /> Participating City for the purposes of determining the Commencement Date in accordance with this Section 6.2(b)and <br /> Appendix 1 of this Agreement. <br /> (C) Satisfaction of Condition and Commencement Date.Upon the satisfaction or waiver of the <br /> condition to the Commencement Date,the County shall give written notice thereof to the Cities which have theretofore <br /> executed Agreements. The parties shall thereupon hold a formal closing acknowledging the satisfaction or waiver of <br /> the condition to the Commencement Date, certifying that the Commencement Date has occurred and designating the <br /> Participating Cities. Copies of all of the documents or instruments constituting or evidencing satisfaction of the <br /> Commencement Date conditions shall be furnished to each party prior to or on the Commencement Date. <br /> (D) Newly Incorporated Cities. Any city within Orange County which becomes incorporated <br /> after the Commencement Date shall upon request be offered the opportunity by the County to become a Participating <br /> City on substantially the same terms and conditions as this Agreement. <br /> (E) Failure of Condition. If by June 30,2026,or such later date as the County may agree,the <br /> condition to the Commencement Date specified in this Section is not satisfied, either party hereto may, by notice in <br /> writing to the other party, terminate this Agreement.Neither party shall be liable to the other for the termination of <br /> this Agreement pursuant to this subsection,and each of the parties shall bear its respective costs and expenses incurred <br /> in seeking to satisfy the condition to the Commencement Date. <br /> ARTICLE VII <br /> GENERAL PROVISIONS <br /> SECTION 7.1 OPERATION AND MAINTENANCE OF THE WASTE INFRASTRUCTURE SYSTEM. <br /> The County, at its cost and expense through the County Solid Waste Enterprise Fund,shall at all times operate,or <br /> caused to be operated,the Waste Infrastructure System in accordance with Applicable Law and the operating rules <br /> and regulations of the Department and other applicable regulatory agencies. <br />
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