|
Superior Court for an expedited hearing or trial date. The Challenging Cities and the County shall be bound by all
<br />of the requirements and restrictions set forth in Section 4.2(J) that are not in conflict with this paragraph (13). In this
<br />regard, and without limiting the foregoing, the only evidence to be presented at the hearing or trial shall be the
<br />Record, no testimony shall be presented at the hearing or trial; and both the County and the Challenging Cities
<br />waive all rights to a jury trial, to any reconsideration of the decision of the court, to a new trial after the court renders
<br />a decision, and to any appeal or review of the decision of the court.
<br />SECTION 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE.
<br />(A) Payment by City. In the event and to the extent (1) the City uses municipal collection
<br />forces directly for the haulage of Controllable Waste to the Disposal System or (2) the City uses non -municipal
<br />Franchise Haulers for collection but nonetheless elects to pay the Contract Rate from City revenues, the City, as its
<br />own Franchise Hauler, shall have direct responsibility for payment of the Contract Rate, and shall take all such
<br />budgetary, appropriation and other action as may be necessary to provide for the timely payment of the Contract
<br />Rate. Such action may include, depending upon the means authorized by the City to provide for such payment, the
<br />levy and collection of general or special taxes, the imposition of benefit assessments, or the collection of user fees,
<br />generator charges or other similar impositions for municipal solid waste disposal. The City shall use best efforts in
<br />accordance with Applicable Law to levy and impose all such taxes, assessments, fees or charges, and will take all
<br />steps, actions and proceedings for the enforcement, collection and payment of all such amounts which shall become
<br />delinquent, to the full extent permitted by Applicable Law. To the extent provided in Section 7.5 hereof, the
<br />obligation of the City for such Contract Rates shall be limited to amounts in the City's Solid Waste Enterprise Fund.
<br />From the Commencement Date to the date of expiration or termination of this Agreement, the obligation to the City
<br />to pay the Contract Rate, to the extent the City rather than Franchise Haulers is responsible directly for payment and
<br />provided that the Service Covenant has been complied with, shall be absolute and unconditional and shalt not be
<br />subject to delay or diminution by reason of set-off, abatement, counterclaim, existence of a dispute or otherwise.
<br />(B) Payment by Franchise Haulers. With respect to Controllable Waste delivered by
<br />Franchise Haulers other than City municipal collection forces, the obligation to pay the Contract Rate shall rest with
<br />such Franchise Haulers and not with the City and, unless the City has agreed with the County to be responsible for
<br />Franchise Hauler payments, the City shall not be financially responsible for any delay or failure by such Franchise
<br />Hauler to pay the Contract Rate or any portion thereof when due. In the event of any such failure, the County and
<br />the City shall cooperate with each other and use their best efforts to obtain timely payment. Such efforts by the
<br />County may include, as appropriate, requiring cash payments for disposal rights from such Franchise Hauler and
<br />bringing a legal proceeding for payment and damages. Such efforts by the City may include, as appropriate, legal
<br />proceedings to suspend, revoke or terminate the Franchise Hauler's franchise, permit or license rights.
<br />(C) Dis ute . If the City or the Franchise Hauler disputes any amount billed by the County in
<br />any Billing Statement, the City or the Franchise Hauler shall nonetheless pay the billed amount and shall provide the
<br />County with written objection within 30 days of the receipt of such Billing Statement indicating the amount that is
<br />being disputed and providing all reasons then known to the City or the Franchise Hauler for any objection to or
<br />disagreement with such amount. If the City or the Franchise Hauler and the County are not able to resolve such
<br />dispute within 30 days after the City's or the Franchise Hauler's objection, either party may pursue appropriate legal
<br />remedies.
<br />SECTION 4.4 BILLING OF THE CONTRACT RATE. The County shall continue to bill Contract
<br />Rates after the Commencement Date, in the same manner as it has customarily billed tipping fees. Subject to the
<br />other provisions of this Agreement, the County shall have the right to modify or amend such manner of billing on
<br />reasonable notice to affected parties.
<br />SECTION 4.5 RESTRICTED RESERVES. For purposes of this Agreement, "Restricted Reserves"
<br />means cash and other reserves of the Disposal System which are restricted to specific uses or are otherwise being
<br />reserved by the County to meet its obligations hereunder throughout the term of the Agreement with respect to the
<br />Disposal System pursuant to any Applicable Law, contract, adopted budget, budgetary policy of the County with
<br />respect to the Disposal System, or other arrangement. Such cash and other reserves are not required to be deposited
<br />in separate accounts or funds in order to constitute "Restricted Reserves" hereunder, and may be commingled with
<br />21
<br />Execution Copy
<br />August 17, 2021 6-30 City of Santa Ana
<br />
|