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AG 2017 10 16
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AG 2017 10 16
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Last modified
10/18/2017 10:51:44 AM
Creation date
11/27/2017 10:31:03 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
10/16/2017
Board
Board of Commissioners
Meeting Type
Regular
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Solid Waste Collection and Disposal Exclusive Franchise Agreement <br /> THIS EXCLUSIVE FRANCHISE AGREEMENT (the "Contract"), is made and entered into this <br /> day of , 20_, by and between Cabarrus County, North Carolina (the "County"), and <br /> BFI Waste Services, LLC, a Delaware corporation, qualified to do and actually doing business in the <br /> State of North Carolina. doing business as Republic Services of Charlotte(called"Contractor'). <br /> ''WITNESSED, THAT in consideration of the covenants and agreements contained in this Contract, to <br /> be performed by the parties and of the payments agreed to be made,the parties agree as follows: <br /> 1. Except for the current services provided by the County at its C&D landfill. the Contractor is <br /> hereby granted the sole and exclusive solid waste collection and disposal franchise, license and <br /> privilege within the territorial jurisdiction of the County and shall furnish all personnel, labor.. <br /> equipment, trucks, and all other items necessary to collect and dispose of waste materials <br /> during term of this Contract. <br /> 2. The Contract Documents shall include the following documents, and this Contract expressly <br /> incorporates the same as fully as if set forth verbatim in this Contract: <br /> a. Exhibit A-General Specifications <br /> b. Exhibit B - Insurance Requirements <br /> e. Exhibit C-Contractor's ProposaVPricing <br /> d. Exhibit D-Contractor's Performance Bond <br /> e. Exhibit E—Contract Contact Information <br /> f. This Instrument <br /> g, Any addenda or chances to the foregoing documents agreed to bar the parties <br /> hereto. <br /> 3. All provisions of the Contract Documents shall be strictly complied with and conformed to by <br /> the Contractor, and no amendment to this Contract shall be made except upon written consent <br /> of the parties. No amendment shall be construed to release either party from any obligation of <br /> the Contract Documents except as specifically provided for in such amendment. <br /> 4. The initial term if this Contract shall be from January 1, 2018 (the "Effective Date") until <br /> December 31, 2022. <br /> 5. At the mutual option of the County and Contractor, this Contract may be extended for up to <br /> two, five-year periods by either party giving written notice to the other party of its desire to so <br /> extend the Contract no later than one hundred eighty(180)days prior to the end of the initial or <br /> any extended period hereunder. Upon receipt of such written request, the receiving party may <br /> agree to such extension by providing written notice to the other party within thirty (30) days <br /> after receipt of the other party's written request for such extension. The terms and conditions <br /> as applicable to the initial term shall apply to the extended terms except for the pricing which <br /> shall be as provided in the pricing Exhibit to this Contract, and, such other changes as may be <br /> mutually agreed upon by the County and the Contractor. Absent the timely written request <br /> from either party and the timely written response from the other party agreeing to extend the <br /> term of this Contract and agreement on any Contract changes, the Contract shall terminate on <br /> Page 1 of'33 <br /> 9234637 Attachment number 2\n <br /> G-8 Page 172 <br />
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