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_ . <br /> (Ramseyer Format) <br /> ADDENDUM NO. I TO LANDFILL CONSTRUCTION OPERATION <br /> AND CLOSURE AGREEMENT BETWEEN THE COUNTY OF <br /> HAWAII AND WASTE MANAGEMENT OF HAWAII INC. aecEiveo <br /> DATED APRIL 21. 1993 <br /> flme------------------~- BYr-....------__.. <br /> Pate. `..y'----~---- <br /> County Council <br /> THIS FIRST ADDENDUM is made and entered into as of this day of <br /> , t997, by and between the COUNTY OF HAWAII (hereinafter <br /> <br /> "County") and WASTE MANAGEMENT OF HAWAII, INC. (hereinafter "Contractor"); <br /> WITNESSETH: <br /> WHEREAS, the original agreement between the County and Contractor was <br /> entered into on April 21, 1993, and called for the landfill construction, operation and <br /> closure of the Puuanahulu Landfill; and <br /> WHEREAS, the Hawaii Supreme Court's decision in Konno v. County of Hawaii, <br /> 85 Hawaii 61, 937 P.2D 397 (1997), found that the Contractor's operation of the <br /> Puuanahulu Landfill violated civil service laws by privatizing functions that were <br /> "customarily and historically" done by civil service employees; and <br /> WHEREAS, Third Circuit Court Judge Riki May Amano has ruled that cell <br /> preparation, closure and post-closure maintenance are areas of work that can still be <br /> contracted to Contractor; and <br /> WHEREAS, the parties have agreed to the amendment of the original contract as <br /> se[ forth below; and <br /> WHEREAS, it is expressly agreed by the parties that this addendum and the <br /> 1 Oo~c~ ll~ 5-~~ <br /> r~~ x..p ~ c t= <br /> Rel. Yof retetltecl C-0~,v~,~ <br /> Ref. Data ~ I5 ffi'Jf~ <br /> <br />