Agdapkt 2010-12-06 clsd and regular

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I 6.3A Page 23 1 5.09 EQUIPMENT 2 The Authority will furnish stationary equipment listed on Attachment 8-A. Contractor shall 3 provide all other equipment required to perform, in a safe and efficient manner, the services 4 required by this Agreement, including equipment listed on Attachment 8-B. 5 A. All equipment supplied by the Contractor to perForm services under this Agreement 6 shall be new and fully functioning at the commencement of this Agreement and shall 7 comply with all representations and warranties, as well as applicable laws and �, 8 regulations. 9 B. All transfer vehicles shall be capable of loading at the Shoreway Center and unloading 10 at the Designated Disposal Site and Processing Facilities by equipment in use at the 11 Disposal Site and Processing Facilities. 12 C. The number of transfer vehicles and other types of equipment listed on Attachment S-B 13 is based on the throughput of materials at the level anticipated during the first year of 14 full operation. The parties recognize that tonnage processed through the Shoreway 15 Center may change over time and that an increase in tonnage processed through the 16 Shoreway Center could require the Contractor to supply additional equipment. The 17 Contractor shall add, and shall exclusively pay the costs of, all equipment needed to 18 operate the Shoreway Center, process any increase in tonnage and achieve the 19 Diversion Program Guarantees, without any increase in the Contractor's compensation. 20 D. Whenever there is a material change in the number, type or composition of equipment, 21 the Contractor shall provide written notification to the Authority. 22 E. The Authority will not supply any shop equipment except those items listed on 23 Attachment 8-A. The Authority will not supply any parts inventory. The Contractor is 24 responsible to provide sufficient equipment and parts inventory for both stationary 25 equipment and rolling stock to support continuous operation of the Shoreway Center. 26 5.10 AUTHORITY RIGHT TO PURCHASE CONTRACTOR'S EQUIPMENT 27 The Authority shall have the right, but not the duty, to purchase any or all equipment owned 28 by Contractor at the expiration or earlier termination of this Agreement, at its net book value 29 as shown on Contractor's audited financial statements (which shall be no greater than the 30 purchase price less accumulated depreciation claimed by Contractor on its federal income 31 tax returns). Within thirty (30) days of the commencement of operations, the Contractor ', 32 shall deliver to the Authority properly signed documents necessary or appropriate for the 33 Authority to secure its purchase options. As new or replacement equipment is purchased, 34 similar documentation covering the equipment shall be provided by Contractor. 35 Upon the Authority's exercise of its option to purchase, Contractor will sign and deliver bills 36 of sale or other documents reasonably requested by Authority to evidence the transfer of 37 title to all equipment purchased. 38 If Contractor wishes to lease (rather than purchase) the equipment which it is to furnish, 39 each lease shall provide that the tessor will, if requested, consent to its assignment to the 40 Authority without charge upon the expiration or earlier termination of this Agreement and 41 further shall provide adequate mechanisms for the Authority to acquire title to equipment if 42 desired. 43 5.11 PERSONNEL 44 A. Contractor shall furnish such qualified drivers, operators, sorters, mechanical, 45 supervisory, clerical and other personnel as may be necessary to provide the services Operating Agreement for Shoreway Center Page - 14 - 7/30/09 — I