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5502519102 RWC CITY CLERK PAGE - 08/22/2004 21:59 multiplying each TPF for the prior year by a factor equal to one (1) plus the percentage change in the Index between the Base Index and the Comparison Index. Any new governmental or regulatory agency fees that become effective after January 1, 2007, will be added to the Tiered Processing Fee schedule. 9. As an additional part of the Commercial Organics Collection Program. Contractor shall provide Agency with finished compost measured by the inbound tonnage of organic material delivered to the Newby Compost Facility from Agency's Service Area. Agenc;.· may elect to receive finj.shed compost in accordance with the following exchange factors: (aÎ one cubic yard of bulle compost in exchange for each incoming ton of materia1 delivered; (b) onE'. one cubic foot ba~ of compost in exchange for each two tons of material delivered; or (c) any combination of the foregoing, Contractor will provide additional bagged compost at $1.00 per bag, subject to a cpr adjustment after December 31, 2004 as described in paragraph 8 above. Compost requested by Agency within a calendar year shall be charged against inbound tonnage only in the same calendar year. 10. In the event the Agreement is not extended after December 31, 2006, tl1e AgencY shall vote, as a member of the Authority, to have the Authority pay the Contractor the Net Book Value of the vehicles and containers acquired for the Corrunercíal Organics Collection Program In such event, the Authority and its member jurisdictions, including the Agency, shall have the option, but not the obligation, to assume ownership of such vehicles and/ or containers. If the Agreement is extended after December 31, 2006, then the Authority and its member jurisdictions, induding the Agency, shall have the option, but not the obligation, to purchasE: the commercial organics collection vehicJes and/ or containers by payment to Contractor of tl1e Net Book Value thereof at the end of the final term of any such extensions. 11. All other provisions of the Agreement, as may have been amended from time to time, will remain ÍI1 full force and effect. 12. All requisite insurance policies to be maintaÍI1ed by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 13. The individual(s) executing this Amendment and the instruments rderenced in it on beha1i of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. BPI Waste Systems of NOrth;:J;J' By: ~3' By: Chris Valbusa ~ District Manager Attyj Agrj Amendme.nt 2 - BFT 040104 3