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THIRD EXTENSION AGREEMENT
This Extension Agreement is made as of January __, 2026, by and between Town of West
Seneca (the “Town”), a municipal corporation existing pursuant to the laws of New York with an
address at 1250 Union Road, West Seneca, NY 14224, and Modern Disposal Services, Inc.
("Modern), a New York corporation with an address at 4746 Model City Road, Model City, NY
14107.
WHEREAS, the Town and Modern entered into a Contract dated January 28, 2019 for a
three (3) year term beginning February 1, 2019 (the “Agreement”) pursuant to which Modern agreed
to provide the Town with recycling collection and processing services (the “Services”) more
particularly described in the contract documents for Request for Bids to Provide Recyclable
Materials Collection and Processing (the “RFP Contract Documents”); and
WHEREAS, the Agreement grants the Town and Modern the mutual option to renew
the Agreement for three additional extensions for a combined total period of nine (9) years; and
WHEREAS, the parties by Extension Agreement B entered into the First Extension for
the period January 31, 2022 through January 31, 2025; and
WHEREAS, the parties by Extension Agreement dated October 22, 2024 exercised the
Second Extension for the period February 1, 2025 through January 31, 2026; and
WHEREAS, the Town and Modern now desire to (i) exercise the Third Extension for
a two-year period beginning February 1, 2026 and ending January 31, 2028; and (ii) set the pricing
during the Third Extension.
NOW THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree
as follows:
1. The Town and Modern hereby exercise the Third Extension to extend the
Agreement for the period February 1, 2026 through January 31, 2027. The Town shall
pay Modern for the Services during the Third Extension as follows:
(i) for the period February 1, 2026 through January 30, 2027, the
current rate plus an adjustment upward based on the net percentage
of change over the then most recent twelve month period for which
the index figures are available for the Consumer Price Index (CPI)
for the US WST (Water, Sewer, Trash Collection) as published by
the U.S. Department of Labor, Bureau of Labor Statistics, such
adjustment to be 2% (the “2026 Rate”).
(ii) for the period February 1, 2027 through January 30, 2028, the 2026
Rate plus an adjustment upwards or downwards based on the net
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