12/02/2019 BOARD OF SELECTMEN Agenda Packet

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c gal I WWY !VI _ PES 7019 NOV 25 RM 120 36 New Bedford—Rochester Sandwich 2019 Town oMashee Rodney Collins Town Manager 16 Great Neck Rd North Mash pee, Kk 02649 Sof Waste P asofiado- f Dear Mr. Cols New Bedford Waste Services LLC will be implementing a price increase effective January 1, 2020, under Section 13, "Uncontrollable Circumstances ("UCC"') of the contract,because the Commonwealth�of Massachusetts has lost disposal capacity which has resulted in increased dis posal costs per ton" Per the contract, we will be instituting a surcharge t the Town of Mashpee. UCC is defined as "any act, event or condition., occurring on or after the Effective Date, that has had, or may reasonably be expected to have, a material adverse effect on the rights or the obligations of a Party under this Agreement, or a material adverse effect on the Facility, if such act, went or condition isbeyond the reasonable control of the Party relying.thereon as justification for not performing are obligation or complying with any condition required of such. :party under this Agreement, including, without limitation, the following The'Commonwealth f Massachu setts' s sposal capacityal d resulting increased fees for disposal per ton is an act, event or condition which has occurred after the Effective Date,,. that has a mat'erially adverse effect on the runts and obligations of WS. At this time, - is upside down per toy which materially and adversely effects its rights and obligations. Section 3 of the contract provide that`cif a UCC, other than:for Change of Law which is addressed in Sections 19 through 23 herein.,results in an increase of disposal, transportation., fuel or environmental compliance fees or costs to iNBWS.then NBWS may notify . the Customer of proposed surcharge to customer due to said UCC. The surcharge shall be based upon the Customer's allocable share as defined in Section 21 and shall be.calculated in accordance with the formula set:forth in. Section 22 herein." On January 1, 2 2 �, The Town of Mash cc base rate will be at$60.71 per ton by invoice after the months conclusion and WS has actual and specific number of tonnage for the a ,. month being invoiced. On January 1, 2020, the Town of Mash pee will be charged an additional surcharge per toy., in addition to the charge of$60.71 per ton. The specific surcharge will, be calculated after the trash is collected and disposed with the use of the actual number of tonnage that NBWS, collects and disposes of for the Town of Mashpee. Maim Office--1245 Shawmut Avenue, P.O. Box 50934, New Bbdford,Massachusetts 2 5 ,5 - 2-3 7