Agmt09 South Bay Recycling, LLC - Laserfiche WebLink

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A. All equipment supplied by the Contractor to perform services under this Agreement shall be new and fully functioning at the commencement of this Agreement and shall comply with all representations and warranties, as well as applicable laws and regulations. B. All transfer vehicles shall be capable of loading at the Shoreway Center and unloading at the Designated Disposal Site and Processing Facilities by equipment in use at the Disposal Site and Processing Facilities. C. The number of transfer vehicles and other types of equipment listed on Attachment 8-B is based on the throughput of materials at the level anticipated during the first year of full operation. The parties recognize that tonnage processed through the Shoreway Center may change over time and that an increase in tonnage processed through the Shoreway Center could require the Contractor to supply additional equipment. The Contractor shall add, and shall exclusively pay the costs of, all equipment needed to operate the Shoreway Center, process any increase in tonnage and achieve the Diversion Program Guarantees, without any increase in the Contractor's compensation. D. Whenever there is a material change in the number, type or composition of equipment, the Contractor shall provide written notification to the Authority. E. The Authority will not supply any shop equipment except those items listed on Attachment 8-A. The Authority will not supply any parts inventory. The Contractor is responsible to provide sufficient equipment and parts inventory for both stationary equipment and rolling stock to support continuous operation of the Shoreway Center. 22 5.10 AUTHORITY RIGHT TO PURCHASE CONTRACTOR'S EQUIPMENT 23 The Authority shall have the right, but not the duty, to purchase any or all equipment owned 24 by Contractor at the expiration or earlier termination of this Agreement, at its net book value 25 as shown on Contractor's audited financial statements (which shall be no greater than the 26 purchase price less accumulated depreciation claimed by Contractor on its federal income 27 tax returns). Within thirty (30) days of the commencement of operations, the Contractor 28 shall deliver to the Authority properly signed documents necessary or appropriate for the 29 Authority to secure its purchase options. As new or replacement equipment is purchased, 30 similar documentation covering the equipment shall be provided by Contractor. 31 Upon the Authority's exercise of its option to purchase, Contractor will sign and deliver bills 32 of sale or other documents reasonably requested by Authority to evidence the transfer of 33 title to all equipment purchased. . 34 If Contractor wishes to lease (rather than purchase) the equipment which it is to furnish, 35 each lease shall provide that the lessor will, if requested, consent to its assignment to the 36 Authority without charge upon the expiration or earlier termination of this Agreement and 37 further shall provide adequate mechanisms for the Authority to acquire title to equipment if 38 desired. 39 5.11 PERSONNEL 40 A. Contractor shall furnish such qualified drivers, operators, sorters, mechanical, 41 supervisory, clerical and other personnel as may be necessary to provide the services 42 required by this Agreement in a safe, thorough, professional and efficient manner. The 43 minimum number of workers to be provided in each job classification shall be as shown 44 on Attachment 9. Operating Agreement for Shoreway Center Page - 14 - 7/30/09