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Agmt09 South Bay Recycling, LLC
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Agmt09 South Bay Recycling, LLC
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Last modified
9/1/2009 10:33:57 AM
Creation date
8/31/2009 11:36:32 AM
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Agreement
Contractor Name
South Bay Recycling, LLC
PROJECT NAME
Operation of Shoreway Recycling and Disposal Center
RMP File Number
304
Date
7/30/2009
Reso Ref
14964
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<br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br /> <br />Designated Disposal Site, and the Designated Processing Facilities for inerts, <br />Construction and Demolition Debris, Plant Materials and Organics by the number of <br />one-way standard miles from the Shoreway Center to the Disposal Site or <br />Processing Facility and by the applicable Transportation Fee then in effect. The <br />Transportation Fees for the five types of materials are $1.007 per Ton/Mile for Solid <br />Waste, $1.043 per Ton/Mile for inerts, $0.688 per Ton/Mile for C&D debris, $0.614 <br />per Ton/Mile for Plant Materials, and $0.745 per Ton/Mile for Organics. Tons <br />delivered to the Designated Disposal Site do not include MRF residue. <br /> <br />9 7.04 ADJUSTMENT OF PROPOSED FEES TO RATE YEAR ONE (2011) AND <br />1 0 MODIFICATION DURING INTERIM OPERATIONS <br /> <br />11 For Rate Year One, the parties expect to make a cost adjustment based on various cost <br />12 indices. In addition, since the full-scale operation of the MRF will not occur until <br />13 February 2011, the MRF Fee will be subject to a one-time modification. <br /> <br />14 A. Adjustment. The parties expect that the costs underlying the fees described in <br />15 Section 7.03.A, Band C will change between the date of this Agreement and the <br />16 year in whic~ they will first be paid (2011). <br /> <br />17 The Authority will adjust the Transfer Station Fee, the MRF Fee, and the five <br />18 Transportation Fees in October 2010, following the procedure described in <br />19 Attachment 12-A and illustrated in Attachment 12-B, after receipt of Contractor's <br />20 application described in Section 7.12. <br /> <br />21 The fees, as so adjusted, will be paid during Rate Year One (2011), as earned. <br /> <br />22 B. Modification for a Part of Rate Year One (2011), Since full-scale operation of the <br />23 MRF and Transfer Station are not expected to occur until February and March, <br />24 respectively, of Rate Year One, the Basic Compensation will need to be modified to <br />25 reflect the reduced scale of operations. During this interim operations period, <br />26 Contractor will be paid Basic Compensation as provided in Attachment 12-C. Once <br />27 the MRF and Transfer Station are fully operational, the Basic Compensation, <br />28 adjusted as described in subsection A above, will be paid during the remainder of <br />29 Rate Year One, as earned. <br /> <br />30 7.05 ADJUSTMENT OF BASIC COMPENSATION IN SUBSEQUENT RATE YEARS <br />31 The Authority will adjust the Transfer Station Fee, the - MRF Fee, and the five <br />32 Transportation Fees in October 2011 and in October of each subsequent year during the <br />33 Term, following the procedure described in Attachment 13-A and illustrated in <br />34 Attachment 13-B. <br /> <br />35 The fees, as so adjusted, will be paid during the immediately following Rate Year, as <br />36 earned. <br /> <br />37 7.06 SUPPLEMENTAL PROCESSING FEES <br /> <br />38 A. Materials Delivered to MRF. If Contractor elects, or if the Authority directs <br />39 Contractor, to process loads of Recyclable Materials delivered to the MRF by the <br />40 Collection Contractor which contain more than fifteen percent (150/0) contamination, <br />41 Authority will pay Contractor a supplemental fee to cover the additional cost of <br />42 processing this material. The amount of this supplemental fee will be $25 per ton <br />43 (applied to all tons over fifteen percent (150/0) contamination) in Rate Year One. It <br />44 will be adjusted in subsequent years by the same percentage as that used to adjust <br />45 the MRF Fee described in Section 7.03.B. <br /> <br />Operating Agreement for Shoreway Center <br /> <br />Page - 24 - <br /> <br />7/30/09 <br />
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