Agdapkt 2010-12-06 clsd and regular

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i 6.3A Page 28 1 grade of materials; transportation method including contact information for carriers used 2 to transport materials from the Shoreway Center to the buyers' location or unloading 3 point; and information on ultimate market destinations. 4 D. No Partnership. The Parties intend and hereby agree that their relationship shall be 5 that of independent contractors with respect to the marketing of Recyclable Materials. 6 Nathing contained herein shall be construed to create any employment, partnership, 7 joint venture, co-ownership or agency relationship between the Parties, and Contractor 8 shall not by any action allow any presumption to arise that a relationship of partnership 9 exists between the Parties. 10 5.17 AUTHORITY'S RIGHT TO PERMIT OTHERS TO PROVIDE SERVICES 11 The Authority may direct the Contractor to perform additional services as provided in 12 Section 12.13. If the Contractor and Authority cannot agree on terms and conditions for 13 such additional services within one-hundred twenty (120) days from the date on which the 14 Authority first requests a proposal from Contractor to pe�form such services, the Authority 15 may, in addition to its other rights under this Agreement, permit a third party or parties other 16 than Contractor to provide such services. Contractor will provide such third party or parties 17 all such access to and use of the Shoreway Center and Authority-owned equipment as 1 S necessary for such third party or parties to perform all such additional services. The 19 Authority's rights under this section are in addition to those under Section 9.05.J. 20 5.18 SELF-HAUL MATERIALS 21 A. Self-haul Materials. The Contractor shall implement a Self-Haul Diversion Plan as 22 detailed in Attachment 19. The Contractor shall identify, and segregate for Diversion, 23 materials from the categories below: 24 1. Bunker Program materials (inert materials such as dirt, concrete, asphalt, and other) 25 2. Self-haul Organic materials (plant materials, food scraps) 26 3. Self-haul C&D materials (wood, concrete, insulation, roofing, metals, drywall) 27 4. Recyclable Materials (paper, bottles and cans, metals) 28 5. Other recoverable materials (tires, carpet, carpet padding, foam, plastics) 29 6. Other materials approved by the Authority. 30 B. Weighins� of All Self-haul Materials. Contractor shall ensure that Self-haul materials 31 will be dumped and kept separate from Collection Contractor materials at the Transfer 32 Station... All outbound loads of diverted Self-haul materials will be weighed before 33 leaving the Transfer Station or at a State certified scale located at a Designated 34 Processing Facility and the outbound tonnage will be recorded and reported in the Self- 35 haul Diversion Report. Self-haul materials intended for disposal do not need to be 36 weighed separately from Solid Waste at the Transfer Station provided that Contractor 37 shall provide accurate, separate and complete weights of the Self-haul materials to the 38 Authority. 39 C. Self-haul Diversion. Contracto�'s satisfaction of the Self-haul Diversion obligation will 40 be calculated based on diverted tons of Self-haul material shipped to a Designated 41 Processing Facility. Alternatively, Contractor may sort Self-haul materials onsite and 42 into segregated materials streams, and may market segregated Self-haul materials 43 directly to a buyer that is approved in advance by the Authority. Operating Agreement for Shoreway Center Page - 19 - 7/30l09