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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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any and all rights to challenge City's ability to do so, including without limitation any <br />rights under the Commerce Clause of the United States Constitution. As of the effective <br />date, City shall be deemed to have exercised its Flow Control Option so as to require <br />delivery of all Solid Waste Collected hereunder to the Orange County Disposal System <br />in a manner consistent with its obligations under the County Agreement (Exhibit 6) <br />(including, without limitation, its obligations related to Solid Waste that is delivered to <br />a processing/transfer facility prior to being delivered to a landfill for disposal), and <br />Contractor has agreed to handle all Solid Waste Collected hereunder in a manner <br />consistent with City's exercise of its Flow Control Option as noted above. At any time <br />during the Term of this Agreement the Executive Director may notify Contractor in <br />writing that City no long desires to exercise its Flow Control Option. In the event City <br />so notifies Contractor of its desire to cease exercising its Flow Control Option, <br />Contractor shall have the absolute discretion to utilize any Disposal facility, Transfer <br />Station, Recycling facility, Material Recovery Facility, landfill, or other facility of its <br />choosing to retain, Recycle, process, and dispose of Solid Waste generated within the <br />City, provided the use of such facility by Contractor enables it to meet all other <br />requirements of this Agreement. <br />4.12 County Agreement <br />Contractor expressly acknowledges its awareness and understanding of the County <br />Agreement which has been adopted and entered into by the City. Moreover, Contractor <br />acknowledges that it has had an opportunity to review the County Agreement, and is <br />aware of the provisions thereof that require all Solid Waste Collected in the City limits <br />to be disposed of in the Orange County Disposal System. Contractor further <br />acknowledges that the County of Orange is an intended third party beneficiary of <br />Contractor's obligations relating in any way to the disposal of Solid Waste pursuant to <br />this Agreement and the County Agreement. Contractor hereby adopts as its obligations <br />hereunder such provisions of the County Agreement that require action or inaction by it <br />as City's Solid Waste franchisee. Contractor represents and warrants that it can and will <br />perform its duties in connection with this Agreement in such a manner as to ensure that <br />the City does not breach the terms of the County Agreement as a result of Contractor's <br />actions or inactions. In the event City advises Contractor in writing that the County <br />Agreement has been terminated, or that it no longer wishes to exercise its Flow Control <br />Option in a manner consistent with the County Agreement, then Contractor's <br />obligations pursuant to this paragraph will be terminated. <br />August 17, 2021 88 City of Santa Ana <br />
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