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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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within the Waste Infrastructure System. <br /> (E) Compliance with Service Covenant Not Excused for any Reason. Commencing on the <br /> Commencement Date, and subject to the terms of this Agreement,the obligations of the County to duly observe and <br /> comply with the Organic Service Covenant,in accordance with Applicable Law,shall apply continuously and without <br /> interruption for the Term of this OSA. In the event that any Change in Law, situation, event or other Uncontrollable <br /> Circumstance impairs or precludes compliance with the Organic Service Covenant by the means or methods then being <br /> employed by the County, the County shall use best efforts to implement alternative or substitute means and methods <br /> to enable it to satisfy the terms and conditions of the Service Covenant. In the event that a Change in Law precludes <br /> the County from complying with such covenants with the means or methods then being employed and from utilizing <br /> any alternate or substitute means or methods of compliance, the County shall continuously use all reasonable efforts <br /> to effectuate executive, legislative or judicial change in or relief from the applicability of such law so as to enable the <br /> County lawfully to resume compliance with such covenants as soon as possible following the Change in Law. <br /> County failure to duly observe and comply with the Organic Service Covenant due to its efforts to comply with <br /> Applicable Law, shall not constitute a breach under this Organics Agreement,and shall excuse County performance <br /> to the extent necessary to comply with Applicable Law. <br /> If the alternative or substitute means and methods proposed for the County to observe and comply with the Organic <br /> Service Covenant are more costly than the previously used means and methods,the Parties shall negotiate a mutually <br /> agreeable new Organic Contract Rate. If the Parties are unable to agree on a new Organic Contract Rate,the Parties <br /> may terminate this agreement without penalty with ninety(90)days notice. <br /> SECTION 3.3 COUNTY RIGHT TO REFUSE ORGANIC WASTE. <br /> (A) Right of Refusal. Notwithstanding any other provision hereof, the County may refuse <br /> delivery of: <br /> (1) Hazardous Waste; <br /> (2) Acceptable Organic Waste delivered by City but originating from or generated outside <br /> the jurisdiction of the City; <br /> (3) Acceptable Organic Waste delivered in excess of the City Organic Tonnage Limit listed <br /> in the Attachment 3; <br /> (4) Acceptable Organic Waste in excess of permitted limits; <br /> (5) Acceptable Organic Waste that would result in County violating Applicable Law; <br /> (6) Controllable Organic Waste that does not meet the requirements found in Attachment <br /> 2; <br /> SECTION 3.4 COUNTY PROVISION OF OTHER ORGANIC WASTE DIVERSION SERVICES. <br /> (A) Food Waste Processinge and Diversion. County is in the process of evaluating the options <br /> and feasibility of development of a Commercial Food Waste Processing Infrastructure. If developed, City will be <br /> provided an opportunity to participate in this service on terms separately agreed to by the Parties. <br /> (B) Edible Food Recovery Programs. County is in the process of evaluating the options and <br /> feasibility of development of regional County-wide edible food recovery programs to assist Cities in meeting State <br /> mandated goals. The intent of Edible Food Recovery to address the food hierarchy and wasted food scale on a regional <br /> level through collaboration of all jurisdictions, key local, State and federal stakeholders, the non-profit sector and <br /> business sector. City agrees to cooperate with County efforts and collaborate on data analysis and reporting to provide <br /> jurisdictions reports for compliance under SB1383. <br />
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