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1 2 3 4 5 6 7 8 to transport materials from the Shoreway Center to the buyers' location or unloading point; and information on ultimate market destinations. D. No Partnership. The Parties intend and hereby agree that their relationship shall be that of independent contractors with respect to the marketing of Recyclable Materials. Nothing contained herein shall be construed to create any employment, partnership, joint venture, co-ownership or agency relationship between the Parties, and Contractor shall not by any action allow any presumption to arise that a relationship of partnership exists between the Parties. 9 5.17 AUTHORITY'S RIGHT TO PERMIT OTHERS TO PROVIDE SERVICES 10 The Authority may direct the Contractor to perform additional services as provided in 11 Section 12.13. If the Contractor and Authority cannot agree on terms and conditions for 12 such additional services within one-hundred twenty (120) days from the date on which the 13 Authority first requests a proposal from Contractor to perform such services, the Authority 14 may, in addition to its other rights under this Agreement, permit a third party or parties other 15 than Contractor to provide such services. Contractor will provide such third party or parties 16 all such access to and use of the Shoreway Center and Authority-owned equipment as 17 necessary for such third party or parties to perform all such additional services. The 18 Authority's rights under this section are in addition to those under Section 9.05.J. 19 5.18 SELF-HAUL MATERIALS 20 A. Self-haul Materials. The Contractor shall implement a Self-Haul Diversion Plan as 21 detailed in Attachment 19. The Contractor shall identify, and segregate for Diversion, 22 materials from the categories below: 23 1. Bunker Program materials (inert materials such as dirt, concrete, asphalt, and other) 24 2. Self-haul Organic materials (plant materials, food scraps) 25 3. Self-haul C&D materials (wood, concrete, insulation, roofing, metals, drywall) 26 4. Recyclable Materials (paper, bottles and cans, metals) 27 5. Other recoverable materials (tires, carpet, carpet padding, foam, plastics) 28 6. Other materials approved by the Authority. 29 B. Weiahina of All Self-haul Materials. Contractor shall ensure that Self-haul materials 30 will be dumped and kept separate from Collection Contractor materials at the Transfer 31 Station... All outbound loads of diverted Self-haul materials will be weighed before 32 leaving the Transfer Station or at a State certified scale located at a Designated 33 Processing Facility and the outbound tonnage will be recorded and reported in the Self- 34 haul Diversion Report. Self-haul materials intended for disposal do not need to be 35 weighed separately from Solid Waste at the Transfer Station provided that Contractor 36 shall provide accurate, separate and complete weights of the Self-haul materials to the 37 Authority. 38 C. Self-haul Diversion. Contractor's satisfaction of the Self-haul Diversion obligation will 39 be calculated based on diverted tons of Self-haul material shipped to a Designated 40 Processing Facility. Alternatively, Contractor may sort Self-haul materials onsite and 41 into segregated materials streams, and may market segregated Self-haul materials 42 directly to a buyer that is approved in advance by the Authority. 43 Self-haul materials shipped from the Shoreway Center by the Contractor for disposal 44 or for any other use at a landfill shall not be considered diverted tons, unless the Operating Agreement for Shoreway Center Page - 19 - 7/30/09