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6.3A <br /> Page 34 <br /> 1 B. Materials Delivered to the Transfer Station. If Contractor elects, or if the Authority �� <br /> 2 directs Contractor, to process loads of Plant Materials and Organics delivered to the I <br /> 3 Transfer Station by the Collection Contractor which contain more than the applicable � <br /> 4 maximum contamination level, but do not exceed that level by more than five percent <br /> 5 (5%), Authority will pay Contractor a supplemental fee to cover the additional cost of <br /> 6 processing this material. The amount of this supplemental fee will be $7 per Ton <br /> 7 (applied to all Tons over the maximum contamination level) in Rate Year One. It will <br /> 8 be adjusted in subsequent years by the same percentage as that used to adjust the <br /> 9 Transfer Station Fee described in Section 7.03.A. <br /> 10 7.07 RECYCLING REVENUES; GUARANTEE AND SHARING OF REVENUES <br /> 11 A. Revenue Guarantee - General. Contractor will pay Authority one hundred percent <br /> 12 (100%) of Revenue earned from the sale of Recyclable Materials monthly until it has <br /> 13 paid Revenue equal to the Revenue Guarantee then in effect. If Revenue earned <br /> 14 from the sale of Recyclable Materials is less than the Revenue Guarantee in any <br /> 15 year, Contractor will pay Authority, within 60 days after the end of that Rate Year, the <br /> 16 difference befinreen the Revenue Guarantee and the Revenue actually earned and <br /> 17 paid by Contractor to Authority. <br /> 18 "Revenue" for the purposes of this Section 7.07 means the amounts due Contractor <br /> 19 from the sale of Recyclable Materials (prices based on terms being FOB Shoreway <br /> 20 Center except for glass, in which case sales revenue will be based on the delivered <br /> 21 price less cost of transport). <br /> 22 B. Revenue Guarantee in Rate Year One. <br /> 23 1. General. Subject to the adjustment described in subsection 6.2 and the <br /> 24 proration described in subsection B.3, the Revenue Guarantee for Rate Year <br /> 25 One is Six Million Five Hundred Thousand Dollars ($6,500,000). <br /> 26 <br /> 27 2. Adiustment of 2011 Revenue Guarantee. The Revenue Guarantee is based on <br /> 2g tonnage projected by the SBWMA for calendar year 2011 (74,022 Tons). The <br /> 29 Revenue Guarantee will be adjusted (up or down) proportional to the actual <br /> 30 tonnage of Recyclable Materials delivered to the MRF and Buy Back Center in <br /> 31 2011. For example, if the actual tons delivered in 2011 are 77,723, the Revenue <br /> 32 Guarantee for 2011 will be increased by 5.0% to Six Million Eight Hundred <br /> 33 Twenty Five Thousand Dollars ($6,825,000). No subsequent adjustments to the <br /> 34 Revenue Guarantee will be made. <br /> 35 <br /> 36 3. Temporarv Proration of Revenue Guarantee. The MRF is not expected to be <br /> 3� operational until the Spring of Rate Year One. The Revenue Guarantee will be <br /> 38 prorated one time, during Rate Year One (2011). The proration will not reduce <br /> 39 the expected baseline tonnage for Rate Year One (74,022 Tons) but will be <br /> 40 applied to the Revenue Guarantee. Once the MRF equipment has been tested <br /> 41 by Contractor and accepted by Authority, the Authority will calculate the number <br /> 42 of days that the MRF is capable of full operation for the balance of Rate Year <br /> 43 One (2011). <br /> 44 As an example: <br /> 45 Revenue Guarantee - $6,500,000 <br /> 46 First day MRF is fully operational - April 1 <br /> 4'7 Number of days operational - 275 (April 1- December 31) <br /> 48 Proportion of year operational - 75% (275 days/365 days) <br /> Operating Agreement for Shoreway Center <br /> Page - 25 - �/30/09 <br />