Agdapkt 2010-12-06 clsd and regular

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� I 6.3A Page 36 7•0% - 7.9% 3% increase (becomes 28°�) 6.0% - 6.9% 4% increase (becomes 29%) 5.0% - 5.9% 5% increase (becomes 30%) 4.0% - 4.9% 6% increase (becomes 31 %) <3.9% 7% increase (becomes 32%) 1 2 The amounts due the Contractor pursuant to Section 7.07.D.3 will be 3 calculated annually on a Rate Year basis, and paid as provided in Section 4 8.08. 5 7.08 DIVERSION GUARANTEE. 6 A. Transfer Station Diversion ProQram. As an incentive to Contractor to Divert Self-haul 7 materials from disposal, the Contractor's Compensation may be adjusted S (decreased) based on its performance in diverting from the Disposal Facility, material 9 delivered to the Transfer Station by self-haul customers. The Contractor has 10 guaranteed the diversion of a minimum of 30,000 Tons annually (the "Minimum Self- 11 Haul Diversion Guarantee°). The 30,000 Tons per year Minimum Self-haul Diversion 12 Guarantee amount shall not include Self-haul Plant Materials (Self—haul Diversion 13 shall be equal to the annual Tons of Diverted Self-haul materials less the Tons of 14 Diverted Self-haul Plant Materials). If Contractor fails to achieve the Minimum Self- 15 Haul Diversion Guarantee in any Rate Year, the Contractor will pay the Authority 16 (through the rate structure) Seventy Dollars ($70.00) for each Ton below 30,000 17 Tons. 18 If the Contractor does not meet the Minimum Self-Haul Diversion Guarantee, the 19 Authority may require Contractor to prepare and submit a plan detailing the changes 20 in equipment, personnel and/or practices that Contractor will employ to achieve the 21 Minimum Self-Haul Diversion Guarantee. 22 The amounts due Authority pursuant to Sections 7.08.A will be calculated annually 23 on a Rate Year basis, and paid as provided in Section 8.08. 24 If the Authority approves the Optional Transfer Station Processing System. described 25 in Section 5.18.E, then the parties will mutually agree on a reduction in, or 26 elimination of the requirements in subsection A. 27 28 B. MRF Residual . As an incentive to Contractor to increase recovery efficiency at the 29 MRF, the Contractor will be responsible for paying (a) the amount charged at the 30 Designated Disposal Site for accepting and disposing of residue from the MRF (the 31 current tip fee at Ox Mountain is $33.24 per Ton), and (b) the Transportation Fee 32 per Ton/Mile attributable to delivering MRF residue to the Disposal Site. The cost of 33 disposal of MRF residue will be deducted monthly from tF�e MRF Payment provided 34 in Section 7.03.B. Materials in a load that constitute contamination in excess of the 35 applicable limitation, as identified by an audit of that load, are not counted as 36 residue for purposes of this section or Section 7.07.D.3. 37 7.09 REIMBURSEMENT OF PASS-THROUGH COSTS 38 Contraetor will pay the following costs and will be reimbursed by Authority with no 39 allowance for overhead or profit: Operating Agreement for Shoreway Center Page - 27 - 7�30�09