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<br /> 1.A~fð <br /> multiplying each TPF for the prior year by a factor equal to one (1) plus the percentage change <br /> in the Index between the Base Index and the Comparison Index. Any new governmental or <br /> regulatory agency fees that become effective after January 1, 2007, will be added to the Tiered <br /> Processing Fee schedule. <br /> 9. Ai.' an additional part of the Commercial Organics Collection Program, <br /> Contractor shall provide Agency with finished compost measure~ by the inbound tonnage of <br /> organic material delivered to the Newby Compost Facility from Agency's Service Area. Agency <br /> may elect to receive finished compost in accordance with the following exchange factors: (a) <br /> one cubic yard of bulk compost in exchange for each incoming ton of material delivered; (b) one, <br /> one cubic foot þEZ.2f compost in exchange for each two tons of material delivered; or (c) any <br /> combination of the foregoing. Contractor will provide additional bagged compost at $1.00 per <br /> bag, subject to a cpr adjustment after December 31, 2004 as described in paragraph 8 above. <br /> Compost requested by Agency within a calendar year shall be charged against inbound tonnage <br /> only in the same calendar year. <br /> 10. In the event the Agreement is not extended after December 31, 2006, the Agency <br /> shall vote, as a member of the Authority, to have the Authority pay the Contractor the Net Book <br /> Value of the vehicles and containers acquired for the Commercial Organics Collection Program. <br /> In such event, the Authority and its member jurisdictions, including the Agency, shall have the <br /> option, but not the obligation, to assume ownership of such vehicles and/ or containers. If the <br /> Agreement is extended after December 31, 2006, then the Authority and its member <br /> jurisdictions, including the Agency, shall have the option, but not the obligation, to purchase <br /> the commercial organics collection vehicles and/ or containers by payment to Contractor of the <br /> Net Book Value thereof at the end of the final term of any such extensions. <br /> 11. All other provisions of the Agreement, as may have been amended from time to <br /> time, will remain in full force and effect. <br /> 12. All requisite insurance policies to be maintained by Contractor pursuant to the <br /> Agreement, as may have been amended from time to time, will include coverage for this <br /> Amendment. <br /> 13. The individual(s) executing this Amendment and the instruments referenced in it <br /> on behalf of Contractor each represent and warrant that they have the legal power, right and <br /> actual authority to bind Contractor to the terms and conditions of this Amendment. <br /> BPI Waste Systems <br /> of North America, Inc. City of Redwood City <br /> By: By: <br /> Chris Valbusa Ed Everett <br /> District Manager City Manager <br /> Atty I Agrl Amendment 2 - BFI <br /> 040104 3 <br />