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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 />7.00/0 - 7.90/0 <br />6.00/0 - 6.90/0 <br />5.00/0 - 5.90/0 <br />4.00/0 - 4.90/0 <br /><3.90/0 <br /> <br />30/0 increase (becomes 280/0) <br />40/0 increase (becomes 290/0) <br />50/0 increase (becomes 300/0) <br />60/0 increase (becomes 310/0) <br />70/0 increase (becomes 320/0) <br /> <br />1 <br />2 <br />3 <br />4 <br /> <br />The amounts due the Contractor pursuant to Section 7.07.D.3 will be <br />calculated annually on a Rate Year basis, and paid as provided in Section <br />8.08. <br /> <br />5 7.08 DIVERSION GUARANTEE. <br /> <br />6 A. Transfer Station Diversion Proaram. As an incentive to Contractor to Divert Self-haul <br />7 materials from disposal, the Contractor's Compensation may be adjusted <br />8 (decreased) based on its performance in diverting from the Disposal Facility, material <br />9 delivered to the Transfer Station by self-haul customers. The Contractor has <br />10 guaranteed the diversion of a minimum of 30,000 Tons annually (the "Minimum Self- <br />11 Haul Diversion Guarantee"). The 30,000 Tons per year Minimum Self-haul Diversion <br />12 Guarantee amount shall not include Self-haul Plant Materials (Self-haul Diversion <br />13 shall be equal to the annual Tons of Diverted Self-haul materials less the Tons of <br />14 Diverted Self-haul Plant Materials). If Contractor fails to achieve the Minimum Self- <br />15 Haul Diversion Guarantee in any Rate Year, the Contractor will pay the Authority <br />16 (through the rate structure) Seventy Dollars ($70.00) for each Ton below 30,000 <br />17 Tons. <br /> <br />18 If the Contractor does not meet the Minimum Self-Haul Diversion Guarantee, the <br />19 Authority may require Contractor to prepare and submit a plan detailing the changes <br />20 in equipment, personnel and/or practices that Contractor will employ to achieve the <br />21 Minimum Self-Haul Diversion Guarantee. <br /> <br />22 The amounts due Authority pursuant to Sections 7.08.A will be calculated annually <br />23 on a Rate Year basis, and paid as provided in Section 8.08. <br /> <br />24 If the Authority approves the Optional Transfer Station Processing System. described <br />25 in Section 5.18.E, then the parties will mutually agree on a reduction in, or <br />26 elimination of the requirements in subsection A. <br /> <br />27 <br /> <br />28 B. MRF Residual. As an incentive to Contractor to increase recovery efficiency at the <br />29 MRF, the Contractor will be responsible for paying (a) the amount charged at the <br />30 Designated Disposal Site for accepting and disposing of residue from the MRF (the <br />31 current tip fee at Ox Mountain is $33.24 per Ton), and (b) the Transportation Fee <br />32 per Ton/Mile attributable to delivering MRF residue to the Disposal Site. The cost of <br />33 disposal of MRF residue will be deducted monthly from the MRF Payment provided <br />34 in Section 7.03.B. Materials in a load that constitute contamination in excess of the <br />35 applicable limitation, as identified by an audit of that load, are not counted as <br />36 residue for purposes of this section or Section 7.07.D.3. <br /> <br />37 7.09 REIMBURSEMENT OF PASS-THROUGH COSTS <br /> <br />38 Contractor will pay the following costs and will be reimbursed by Authority with no <br />39 allowance for overhead or profit: <br /> <br />Operating Agreement for Shoreway Center <br /> <br />Page - 27 - <br /> <br />7/30/09 <br />
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