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Last modified
8/19/2024 9:44:48 AM
Creation date
10/28/2021 4:12:07 PM
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Contracts
Company Name
REPUBLIC SERVICES
Contract #
A-2021-171
Agency
Public Works
Council Approval Date
8/17/2021
Expiration Date
6/30/2032
Insurance Exp Date
6/30/2025
Destruction Year
2037
Notes
For Insurance Exp. Date see Notice of Compliance
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This hearing is to be scheduled as an open public hearing item at a City Council <br />meeting within thirty (30) days of the Termination Notice, subject to any legal <br />requirements including but not limited to the Ralph M. Brown Act, Government Code <br />Sections 54950-54963. At this hearing Contractor shall have the right to present evidence <br />to demonstrate that it is not in default and to rebut any evidence presented in favor of <br />termination. Based upon substantial evidence presented at this hearing, the Council <br />may, by adopted resolution, act as follows: <br />1. Decide to terminate this Agreement; or, <br />2. Determine that Contractor is innocent of a default and, accordingly, dismiss the <br />Termination Notice of any charges of default; or, <br />3. Impose conditions on a finding of default and a time for cure, such that Contractor's <br />fulfillment of said conditions will waive or cure any default. <br />This right of termination is in addition to any other rights of City upon a failure of <br />Contractor to perform its obligations under this Agreement. <br />City's right to terminate this Agreement and to take possession of Contractor's facility <br />are not exclusive, and City's termination of this Agreement shall not constitute an <br />election of remedies. Instead, they shall be in addition to any and all other legal and <br />equitable rights and remedies which City may have, including without limitation the <br />provision for Liquidated Damages in Section 11.4 below. <br />By virtue of the nature of this Agreement, the urgency of timely continuous and high - <br />quality service, the time required to effect alternative service, and the rights granted by <br />City to Contractor, the remedy of money damages for a breach hereof by Contractor is <br />inadequate and City shall be entitled to injunctive relief. <br />11.4 Liquidated Damages <br />A. General. City finds, and Contractor agrees, that as of the time of the <br />execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain <br />the extent of damages which shall be incurred by City as a result of a breach by <br />Contractor of certain specific obligations under this Agreement. The factors relating to <br />the impracticability of ascertaining damages include, but are not limited to, the fact that: <br />(i) substantial damage results to members of the public who are denied services or <br />August 17, 2021 153 City of Santa Ana <br />
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