2023-159-E-Solid Waste-WM Recycle America-Recycling processing and MSW diposal

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Revised 06/21 NORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT (“Amendment”) is made and entered into effective the _1st_ day of _July____, 2023_ by and between ORANGE COUNTY (hereinafter referred to as “County”) and WM Recycle America, L.L.C., and Waste Management of Carolinas, Inc. (hereinafter referred to as “Provider”). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated July 1, 2021, (hereinafter the “Original Agreement”), for the provision of services for processing recycling and trash disposal; and WHEREAS, the County and Provider desire to amend the Original Agreement while keeping in effect all terms and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: 1. The County and Provider hereby agree to extend the term of the Original Agreement through June 30, 2025. 2. Attachment A, Exhibit R1 to the Original Agreement is amended by deleting the paragraph entitled “Charges” and replacing it with the following: CHARGES In the event single stream recyclables contain more than the allowable Non-Recyclables and Provider chooses to process such Recyclables in accordance with Attachment A, Provider shall charge and County shall pay an Excess Contamination Fee for the percentage above the allowable Non -Recyclables. The initial Excess Contamination Fee is one hundred fifty five dollars and 25/100 ($155.25) per ton. All other recyclables shall be subject to rejection and/or additional charges in accordance with Attachment A. The Provider has the right to adjust the Processing Fee and Excess Contamination Fee in accordance wi th increases in the applicable CPI as calculated below on the anniversary of the Effective Date (“Anniversary Date”) provided, however Provider waives any CPI adjustment to the Processing Fee and Excess Contamination Fee for the period of July 1, 2023 through June 30, 2024. Such CPI adjustments shall be effective on such Anniversary Date and shall be recalculated and effective each Anniversary Date thereafter, provided, however, Provider hereby waives any CPI adjustment for the period of July 1, 2023 through June 30, 2024. The increases to the fees shall be based on the percentage increase in the CPI for the twelve (12) month period ending one month prior to the Anniversary Date. “CPI” means the Consumer Price Index-All Urban Consumers (CPI-U), Water, Sewer, and Trash Collection (WST), (Not Seasonally Adjusted, 12-month rolling average) as published by the United States Department of Labor, Bureau of Labor Statistics (1982 - 1984=100). In the event this CPI is no longer viable or no longer reflective of consumer prices in County’s geographic region, another consumer pricing index or method of adjustment may be used as a replacement for the CPI, subject to the mutual agreement of the parties. Failure by Provider to submit such CPI price adjustment shall not preclude the retroactive implementation of such adjustment as of the Anniversary Date. Notwithstanding the foregoing, no annual increase shall exceed 3.5%. DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C