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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 /> <br />· Interest paid on loans to acquire capital equipment per the debt service schedule <br />provided by the Contractor. <br /> <br />· Payments to Buy Back Center customers for CRV and scrap value. <br /> <br />· Permit and regulatory fees (which do not include penalties or fines). <br /> <br />· Recycling of E-Waste, U-Waste and HHW from the Drop-Off Center, White Goods <br />and CFCs (including transportation), unless paid directly by the Authority. <br /> <br />7 7.10 RECONCILIATION OF SELF-HAUL GATE FEE COLLECTIONS <br /> <br />8 It is not feasible to weigh loads delivered to the Transfer Station by Self-Haul Customers. <br />9 For that reason, the Authority charges such Customers on a volumetric (cubic yard) <br />10 basis. <br /> <br />11 Studies conducted for the Authority have established that the ratio of volume to weight of <br />12 Self-Haul material is 2.76 to 1 (i.e., 2.76 cubic yards will weigh one Ton), on average <br />13 over the course of a year. Individual loads will vary and the ratio will also vary <br />14 seasonally. <br /> <br />15 The Authority pays Contractor and the Disposal Facility operator on a per Ton basis and <br />16 relies on the Gate Fees to contribute revenues to payments due Contractor. Therefore, <br />17 it is important that Contractor accurately measure loads of Self-Haul Waste since under <br />18 measurements will result in under collection of Gate Fees. <br /> <br />19 On an annual basis, the Authority will calculate the amount of Tons of Self-Haul Waste <br />20 delivered to the Transfer Station through the mass balance formula shown on <br />21 Attachment 14. That tonnage will be converted to cubic yards using the 2.76 to 1 ratio. <br />22 The Authority will then compare the total Gate Fees collected and remitted by Contractor <br />23 to the expected Gate Fee revenue, using the formula shown on Attachment 14. If that <br />24 calculation shows that Contractor collected less Gate Fee revenue than indicated, it will <br />25 pay the difference to the Authority, as provided in Section 8.08. <br /> <br />26 7.11 ADJUSTMENTS FOR SPECIAL CIRCUMSTANCES <br /> <br />27 A. The Contractor may apply to the Authority for an adjustment to one or more of the <br />28 fees provided for in Section 7.03, and the Authority may initiate such a review, if any <br />29 of the following events occur, provided that the event will increase or decrease <br />30 Contractor's component costs of operation by an amount that is two percent (20/0) or <br />31 more of the total fees earned under Section 7.03 during the immediately preceding <br />32 Rate Year and provided further that the costs will not be otherwise recovered through <br />33 the per ton and per ton mile fees provided in Section 7.03: <br /> <br />34 (1) A flood, earthquake, other acts of nature or other similar catastrophic events <br />35 outside the control of Contractor that physically damage the Shoreway Center. <br /> <br />36 (2) A change in law occurring after the Effective Date that requires a change in <br />37 operations. <br /> <br />38 (3) A community emergency which requires Contractor to provide increased or <br />39 different services. <br /> <br />40 (4) The annual average Single Family Targeted Recyclable Materials contamination <br />41 level exceeds ten percent (100/0) for two consecutive years or more. The annual <br />42 average Single Family Targeted Recyclable Materials contamination level will be <br />43 calculated on the basis of the arithmetic average of the measured contamination <br /> <br />Operating Agreement for Shoreway Center <br /> <br />Page - 28 - <br /> <br />7/30/09 <br />
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