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

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Revised 06/21 3. Attachment B to the Original Agreement is amended by deleting Paragraph 4 and replacing it with the following: Waste Rates. The Contractor shall accept for disposal at Contractor's Raleigh Transfer Station (the "Facility"), all County Solid Waste delivered to the Facility by the County pursuant to this Agreement at the rate of $57.43/per ton, provided the County delivers to Contractor’s Raleigh Transfer Station at least fifty percent (50%) of all County Solid Waste as defined herein. Compliance with this volume commitment shall be determined monthly. For each month that the County fails to deliver the required volume to the Transfer Station, the rate charged to the County shall revert retroactively to the posted gate rate at the Transfer Station for the month in question. The County shall provide Contractor with monthly volume reports showing the total volume of County Solid Waste disposed of during each month. The Compensation payable by the County to Contractor shall be adjusted annually during the term of the Agreement to reflect changes in the cost of living. Effective July 1, 2024 and each July 1 thereafter, Contractor’s compensation shall be adjusted by the same percentage as the Consumer Price Index for Water, Sewer, and Trash CPI, Not Seasonally Adjusted, All Areas, (WST CPI) (published by the Bureau of Labor Statistics, U.S. Department of Labor ("C.P.I.")) shall have increased or decreased during the preceding twelve months; provided, however, no single annual adjustment shall exceed three and one-half percent (3.5%). In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to pu blish the C.P.I., the parties hereto agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision. 4. Section 5 of the Original Agreement is amended to reflect a maximum payable not-to-exceed amount of Four Million Seven Hundred Thousand Dollars ($4,700,000); Two Million Four Hundred Fifty Thousand Dollars ($2,450,000) for recycling processing and Two Million Two Hundred and Fifty Thousa nd Dollars ($2,250,000) for municipal solid waste disposal. 5. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event there is a conflict between the terms of the Original Agreement and the terms of this Amendment, this Amendment shall control. IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY WASTE MANAGEMENT OF CAROLINAS, INC. ______________________________ __________________________________ Bonnie Hammersley Name: _Michael Holbrook________ County Manager Title: __Director of Public Sector__________ WM RECYCLE AMERICA, L.L.C. __________________________________ Name:__Michael Holbrook___________ Title:___Director of Public Sector__________ DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C Area Public Sector Director Area Public Sector Director