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<br />. <br /> <br />. <br /> <br />j <br /> <br />. <br /> <br />ADDENDUM NO.1 TO LANDFILL CONSTRUCTION. OPERATION <br />AND CLOSURE AGREEMENT BETWEEN THE COUNTY OF <br />HAWAII AND WASTE MANAGEMENT OF HA WAIL INC. <br />DATED APRIL 21. 1993 <br /> <br />THIS FIRST ADDENDUM is made and entered into as of this ~ '1~ day of <br /> <br />O~e..v <br /> <br />, 1997, by and between the COUNTY OF HA WAIl (hereinafter "County") <br /> <br />and WASTE MANAGEMENT OF HA WAIl, INC. (hereinafter "Contractor"); <br /> <br />WITNESSETH: <br /> <br />WHEREAS, the onginal agreement between the County and Contractor was entered into <br /> <br />on April 21, 1993, and called for the landfill construction, operation and closure of the <br /> <br />Puuanahulu Landfill; and <br /> <br />WHEREAS, the Hawaii Supreme Court's decision in Konno v. County of Hawaii, <br /> <br />85 Hawai'i 61, 937 P .20 397 (1997), found that the Contractor's operation of the Puuanahulu <br /> <br />Landfill violated civil service laws by privatizing functions that were "customarily and <br /> <br />historically" done by civil service employees; and <br /> <br />wHEREAS, Third Circuit Court Judge Riki May Amano has ruled that cell preparation, <br /> <br />closure and post-closure maintenance are areas of work that can still be contracted to Contractor; <br /> <br />and <br /> <br />WHEREAS, the parties have agreed to the amendment of the original contract as set forth <br /> <br />below; and <br /> <br />. <br /> <br />WHEREAS, it is expressly agreed by the parties that this addendum is supplemental to <br /> <br />the contract of April 21, 1993, which is by reference made a part hereof, and all the terms, <br /> <br />\Z. 1!P CG- "1l <br />