GREAT WESTERN RECLAMATION, INC.- A-2006-071

Home Browse Search

Orange's Disposal Sites, both parties agree to meet and confer regarding any potential rate adjustments which may be necessitated thereby. Should Disposal Sites become unavailable in Orange County at any time during the term of this Agreement, CONTRACTOR hereby guarantees disposal at another Disposal Site owned and operated by CONTRACTOR or an affiliate, and both parties agree to meet and confer regarding any potential rate adjustments which may be necessitated thereby. Additionally, CONTRACTOR hereby agrees and guarantees to the CITY that the CITY will be indemnified for CERCLA liability for any Solid Waste collected by the CONTRACTOR in the CITY which is delivered to CONTRACTOR's landfill. (h) CONTRACTOR will act as the contracting body and lead agency with the MRF and Composting Facility with respect to this Agreement and shall be responsible for, and insure that, both facilities act so as to meet the requirements of both this Agreement and CIWMA. (i) CONTRACTOR hereby agrees and guarantees to the CITY that CONTRACTOR will do each, every and all things required to ensure that all Solid Waste generated,produced or accumulated in the CITY which is collected by CONTRACTOR will at all times be in full compliance with all of the provisions of the CITY'S SRRE, CIWMA, and amendments thereto adopted hereafter, and will protect, indemnify, pay, save, defend, and hold the CITY harmless from any and all loss, expense, damage, fines, penalties and liability of every kind and nature whatsoever by virtue of any non-compliance with such CITY and statutory requirements, provided, however, that CONTRACTOR shall not be responsible to the extent Solid Waste is generated in the CITY and collected, processed or disposed of, by other than CONTRACTOR. Further, CONTRACTOR agrees to protect, defend, with counsel approved by the CITY, and indemnify CITY against any and all fines and/or penalties imposed by the California Integrated Waste Management Board in the event that the diversion quantities contained in the CITY'S SRRE, or any other requirement of CIWMA, are not met. 15. SYSTEM SAVINGS: (a) SAVINGS PAYABLE TO CITY: In addition to the surcharge paid pursuant to Section 10 herein, CONTRACTOR has also agreed to pay to the CITY One Million Three Hundred Fifty One Thousand Five Hundred Dollars ($1,351,500.00) in system savings each year during the term of this Agreement. Such savings shall be deducted in monthly installments of One Hundred Twelve Thousand Six Hundred and Twenty Five Dollars ($112,625.00) each from payments made to CONTRACTOR for curbside service pursuant to Section 22 herein. (b) POSSIBLE ADDITIONAL SAVINGS: The parties hereto have agreed that any additional savings which may result from changes in the diversion percentages referred to in Section 14(b) above shall be split evenly between the CITY and the CONTRACTOR. Such savings shall be the dollar amount equal to the difference in the CONTRACTOR's per ton cost for Processing and disposal of Bin Service at a MRF and the per ton cost of disposal at a Disposal Site multiplied by the number of additional tons taken directly to a Disposal Site. Any such additional savings shall be computed on a monthly basis and such amounts shall be paid to the CITY by CONTRACTOR on or before the last calendar day of each subsequent month. 16. CIWMA REPORTING REQUIREMENTS: 15