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1 offered by Contractor. At Agency's request, such notification shall be available in 2 languages other than English and Spanish. 3 4 5.04 Waste Generation/Characterization Studies. Contractor acknowledges 5 that Agency may perform Solid Waste generation and characterization studies 6 periodically. Contractor agrees to participate and cooperate with - SBWMA and Agency 7 and its agents and to accomplish studies and data collection and prepare reports, as 8 needed, to determine weights and volumes of Solid Waste and characterize Solid Waste 9 generated, disposed, transformed, diverted or otherwise handled/ processed to satisfy 10 AB 939 requirements. 11 12 ARTICLE 6 13 CONTRACTOR'S COMPENSATION AND RATES 14 15 6.01 General. Contractor's Compensation provided for in this Article 6 shall 16 be the full entire and complete compensation due to Contractor pursuant to this 17 Agreement for all labor, equipment, materials and supplies, taxes, insurance, bonds, 18 overhead, profit, and all other things necessary to perform all the services required by 19 this Agreement in the manner and times prescribed. 20 21 6.02 Initial Contractor Compensation. Contractor's Compensation shall be 22 calculated and based on the estimated costs plus profit calculated in accordance with 23 the methodology described in Exhibit D. Compensation for the initial twelve (12) 24 months under the ()riginal Agreement was $10,453,000. Compensation for Rate Year 25 2003 has been tentatively set at $11,204,000 pending receipt of Contractor's audited 26 financial statements for Fiscal Year ending December 31, 2003. Thereafter compensation 27 adjustments shall be made pursuant to Section 6.05. 28 29 6.03 Balancing Account. Any balance maintained by Contractor due to prior 30 years surplus or insufficient revenues from services provided Agency through 31 December 31, 2003 and due to or due from Agency's rate payers shall carry forward 32 into this Agreement conditioned on receipt of Contractor's audited financial statements 33 for Fiscal Year ending December 31, 2003. 34 35 6.04 Phase-out of Recycling Surcharge Limit. In the First Amendment to the 36 Agreement for Recyclable Materials between Contractor and Agency (which the 37 ()riginal Agreement superseded) Contractor (or its predecessor) agreed to limit its 38 revenues from rate payers for recycling services to a surcharge of 4.24 % applied to 39 refuse collection rates. This method resulted in a shortfall (loss plus unrealized profit) 40 from recycling operations through the SBWMA service area estimated to equal 41 $1,827,000 in 1999. The SBWMA and Agency believe that such a loss creates a 42 disincentive for Contractor to expend additional funds for recycling and have agreed to 43 provide the same profit for recycling as for refuse collection operations. In order to 44 minimize the rate impact in a single year from eliminating this loss, Contractor, Atty j Agrj2005.022 060205 -34-