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Agreement Transfer Station operations
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2020-05-19 10:00 AM - Commissioners' Agenda
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Agreement Transfer Station operations
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Last modified
5/21/2020 1:07:05 PM
Creation date
5/21/2020 1:06:37 PM
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Meeting
Date
5/19/2020
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
g
Item
Request to Approve a Professional Service Agreement with Waste Management
Order
7
Placement
Consent Agenda
Row ID
62455
Type
Agreement
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6 <br />g) Change of Law Cost Increase. All wage increases, benefits or added costs resulting from <br />changes in technology, labor practices, availability of equipment, and other business risks, <br />except for changes in law, that may affect the performance of this Agreement shall be to the <br />Company's advantage or expense respectively. The term "change in law" means any new or <br />revised law statute, rule, regulation and ordinance enacted by an international, federal, state <br />or local govemment affecting the transfer, disposal or transportation of solid waste or other <br />services provided by the Company hereunder, but not affecting or directed to businesses <br />generally, which becomes effective after the execution of this Agreement. Subject to the <br />County's good faith review and approval, the County shall pay one hundred percent of the <br />Company's reasonable, actual, substantial increased costs of performing this Agreement <br />whe.n such increased costs are directly attributable to changes in law by the federal, state, or <br />local government. To qualify for a substantial increase in costs under this section, Company <br />must demonstrate to the satisfaction of the County that the change in law has resulted in an <br />increase of more than ten percent over the actual costs incurred by the Company for the same <br />services provided under this Agreement, provided that all such increased costs shall be <br />eligible for adjustment hereunder. If the Company decides to request an adjustment under <br />this section, the Company shall file wjth the County an adjustment request setting forth the <br />Company's calculation of its increase in costs and documenting liow the increase qualifies as <br />a substantial increase in costs under this section. The burden of demonstrating that the <br />Company has suffered a substantial increase in costs under this section rests with the <br />Company. The Company shall provide the County with any and all documentation and data <br />reasonably necessary to evaluate the request. The County shall act within 45 days of receipt <br />of a properly filed request and may grant, grant in part, or deny the request, which shall not <br />be unreasonably denied. <br />TERM AND DATE <br />a) The term of this Agreement shall run from July I,2020, through June 30, 2025, unless <br />extended pursuant to subsection B below. Operations conducted under this Agreement shall <br />begin on July 1,2020. <br />b) The Parties shall have the right to extend the Agreement, under the same terms and <br />conditions, for two additional thirty-month periods or an additional five-year period upon <br />mutual consent. Either party must give the other 180 days or more written notice of its intent <br />to exercise this option to extend the Agreement with the other party having no more than 30 <br />days to respond. In the event the County elects to extend the Agreement, the Company must <br />respond within 30 days and must also provide to the County at least 90 days before the <br />expiration of the then current contract a new letter of credit or other financial guarantee <br />acceptable to the County. Nothing in this provision precludes the parties from agreeing to <br />further extensions of this agreement under the same terms if they so agree. <br />c) The Company shall remove any accumulated MSW, Yard Waste, IDDW (Inert, Demolition, <br />Debris Waste) and Recyclable Materials from the transfer station upon termination of this <br />Agreement. <br />OPERATION OF THE SYSTEM. <br />a) Scope. The scope of the Company's operations includes <br />7 <br />7
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