HomeMy WebLinkAbout109244 WASTE MANAGEMENT OF NO COLORADO - CONTRACT - BID - 7330 RIVENDELL RECYCLING CENTER OPERATIONSSERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and Waste Management of Colorado, Inc., hereinafter referred to as
"Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence upon the date of execution shown
on the signature page of this Agreement and shall continue in full force and effect for one (1) year,
unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement
may be extended for additional one year periods not to exceed four (4) additional one year periods.
Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver
Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as
a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later
than ninety (90) days prior to contract end.
3. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
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7300 Rivendell Recycling Center Operations Page 1 of 12
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
City: Copy to: Service Provider:
City of Fort Collins City of Fort Collins Waste Management of Colorado, Inc.
Attn: Purchasing Attn: Susie Gordon, 5500 S Quebec St, Ste. 250
PO Box 580 Senior Environmental Greenwood Village, CO 80111
Fort Collins, CO 80522 Planner Attn: Myron Coffin, Plant Manager,
PO Box 580 Larimer County MRF
Fort Collins, CO 80522 mcoffin1 wm.com
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
5. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit "C", consisting
of two (2) pages, and incorporated herein by this reference.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement. All requests concerning
this agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
8. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
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7300 Rivendell Recycling Center Operations Page 2 of 12
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any
of the services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this Agreement.
10. Warranty.
a. Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance with accepted standards
for work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
11, Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default thereof.
12. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period often (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because
of the default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
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7300 Rivendell Recycling Center Operations Page 3 of 12
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
14. Indemnity/Insurance.
a, The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or liability of
any character whatsoever brought or asserted for injuries to or death of any person or persons, or
damages arising directly out of Service Provider's negligent performance of its obligations under
this Services Agreement.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1)
page, attached hereto and incorporated herein by this reference. The Service Provider before
commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk
Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the
insurance coverage required from an insurance company acceptable to the City.
d. Notwithstanding anything to the contrary above neither Service Provider nor its
insurance carrier shall have any responsibility or liability for any injury occurring to any individuals at
any time when Service Provider personnel are not present at the recycle facility.
15. Entire Agreement This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
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7300 Rivendell Recycling Center Operations Page 4 of 12
holding shall not invalidate or render unenforceable any other provision of this Agreement.
17, Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S.,
et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created
in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland Security
(the "e-Verify Program") or the Department Program (the "Department Program"), an
employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in
order to confirm the employment eligibility of all newly hired employees to perform work under
this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and
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7300 Rivendell Recycling Center Operations Page 5 of 12
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall not terminate
the contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with
an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider
violates this provision of this Agreement and the City terminates the Agreement for such breach.
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7300 Rivendell Recycling Center Operations Page 6 of 12
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: _
James B..;O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date: -2—. 12� 1 C 2--
4 4
Waste Management of Colorado, Inc.
L37
SC�
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: Z
ATTEST: (Corporate Sea])
CORPORATE SECRE A Y
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7300 Rivendell Recycling Center Operations Page 7 of 12
EXHIBIT A
SCOPE OF WORK
1. Service Provider agrees to provide monthly reporting to the City representative by the Vh
business day of the following month by weight, by material, on a per pull basis.
Reporting is to include the market price received for materials, and the destination where
materials were delivered for processing and/or sales.
2. All collected materials from the City facility must be marketed through a Materials
Recovery Facility that complies with Colorado State permitting and reporting
requirements. Service Provider will send collected materials through Larimer County or
will process materials in their own facility for direct shipment for recycling.
3. Service Provider agrees that containers must be pulled in a timely manner as soon as
they become full and may not be pulled if container is less than 85-90% full by volume,
or less than 85-90% full according to Colorado State Department of Transportation
limitations.
4. Service Provider agrees that turnaround time for emptying any container must not
exceed three (3) hours, and that normal service time will be between 1-2 hours. Service
Provider agrees to leave a replacement bin of adequate capacity in the event that
turnaround time will exceed three hours.
5. Service Provider must clean up any overflow material that spills out from compactor unit
hoppers before leaving the site to deliver containers.
6. On weekdays (Mon -Fri) containers must be pulled if the Service Provider is contacted by
the City representative to report a full container, and the container is actually full.
7. Compactor units must be reconnected to hopper and the "reset" button must be pulled
out before driver leaves the drop-off site.
8. Service Provider will provide containers to collect materials that are dropped off by the
public when the regular containers are being emptied. Service Provider provides
containers of appropriate capacity (e.g., 250-gallon crates) for this purpose.
9. Service Provider's staff will oversee site conditions on a day-to-day basis, provide litter
clean-up, ensure that all equipment is in good repair (including, but not limited to
ensuring that oil levels are full on compactors and that they are in good operating
condition), and that public safety is protected and provide snow removal and/or ice
treatment around the bins as needed.
10. Service Provider will designate a "Site Manager" who will communicate with the City
Representative on a regular basis, in order to keep the City appraised of any
maintenance needs, including equipment malfunctions and snow plowing for the parking
lot and entryway, or other situations requiring the City's attention. The City should be
notified within 24 hours of the discovery by Service Provider's staff of any conditions
such as equipment maintenance issues that need to be brought to the City's attention for
corrective action.
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7300 Rivendell Recycling Center Operations Page 8 of 12
11. Service Provider shall provide one sirigle point of contact to the City to handle any
Service Issues, and anyBilling Issues. Service Provider personnel identified for these
issues are:
For Service -Issues contact:
Myron Coffin
Phone: 970-556-0009 (cell)
E-mail: mcoffinl(cDwm.com
Backup: Melissa Kolwaite
Phone: 303-486-6083 (office); 303-549-2345 (cell)
Fax: 303.797-3031
Email: mkolwait a()wm.com
For Billing Issues contact:
Andra Dumas
Phone: 303-486-6016 (office)
Fax:.303-79,7-4661
E-mail: adumas(cDwm.com
Backup: Linda Basile
Phone: 303-486-6026 (office)
12. Any monthly Rebates due to the City are to be paid by no later than the 15`h business
day of the following month.
13. The City of Fort Collins allows other Public Agencies the opportunity to purchase
off the Award for this Bid, at the option of the Awarded Service Provider. Other
public agencies that are members of the Colorado Multiple Assembly of Procurement
Officials (MAPO) cooperative purchasing group that have indicated a desire to
participate in any resulting awards as a potential cooperative user include but are not
limited to:
Town of Windsor, Colorado
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7300 Rivendell Recycling Center Operations Page 9 of 12
EXHIBIT "B"
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of.policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be,cancelled or materially altered,
except after ten (10) days written notice has been received by'the City of Fort'Collins.' '
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
- Colorado. law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and-$100,000 disease each.employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
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7300 Rivendell Recycling Center Operations Page 10 of 12
.� CERTIFICATE OF LIABILITY INSURANCE,/,/2g13 °A121512011 "I
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate hostler Is an ADDITIONAL: INSURED, the policy(IOB) must be endoreed.� If SUBROGATION IS WAIVED, subject to
the tame and conditions of the policy, certain policies may'raqulre an ondoreemont. A statement on this certificate does not confer rights to the
certificate holder In Ilau of such endorsomont(a).
PRODUCER LOCKTON COMPANIES, LLC
.5847 SAN FELIPE, SUITE 320 o Eei i i'' c NO
HOUSTON TX 77057 '
866.260-3538 E LS
INSURED WASTE MANAGEMENT HOLDINGS, INC. &ALL AFFILIATED, INSURERB: indemnityInsumncc Co ofNorth`Amprica 1300436 RELATED & SUBSIDIARY COMPANIES INCLUDING: 0.3i75
WASTE MANAGEMENT, INC. lxsuaER c: ACE Property &Casual Insurnbcc Co 43575
20699
5500 SOUTH QUEBEC STREET INSURER
GREENWOOD VILLAGE CO 80111INSURER e .
INSURER F
rn%IPMAr ce Al /COTr G,/�ATL•�,I OatlCl,. 'i .1ACl1rC
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.'IN -
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TYP£ OF INSURANCE -'
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CLAS-h A E FX OCCUR IM-
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ItAnach ACORO 101. Additional Ramarks Schedule, If more space Is required) - -
ADDITIONAL INSURED IN FAVOR OF CITY OF FT. COLLINS (ON ALL POLICIES EXCEPT WORKERS COMPENSATIONIML) WHERE- AND TO
THE EXTENT RE UIRL'D BY WRITTEN CONTRACT. WAIVER OF SUBROGATION 1N FAVOR OF CITY OF FT. OOLLINS ON ALL POLICIES
WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BYLAW.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED REFORE
THE EXPIRATIONDAI'E THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
3446916 -
AUTHORIZED REPRESENTATIVE -
CITY OF FORT COLLINS
P.O. BOX 580
FT. COLLINS CO 80522
ACORD 26 (2010f06) 01988-2010 ACORD CORPORATION. All rghts reserved
The ACORD name and logo are registered marks of ACORD
EXHIBIT C
HAULING COST ANb REBATES
1. Cost per Haul shall be as follows:
a. $96,00 for Cardboard (OCC), Newspaper, Mixed paper, Low-grade Mixed Paper,
and Commingled containers.
b. $155 for Glass:
2. Rebates:
a. OCC (Cardboard) rebates shall be paid when the Threshold Market Price
exceeds $25.00 per ton. Pricing shall be determined based on the monthly OBM
(Official. Board Markets report) under the Southwest Pricing category, High Side, -
per the following Guidelines:
i. OCC priced over $25.00 per ton,'Service Provider will pay the.•City a
rebate of 50% of the OBM Southwest region baseline price minus the
threshold (or first) $25 per ton. For example:
At $26.00 per ton, City rebate is $26-$25 = $1.00 x ,50 = $0.50/t6n. In
other words, the City and Service Provider split any proceeds over
$25.00/ton on a 50/50 basis.
b. Newspaper rebates shall be paid when the Threshold Market Price exceeds
$25.00 per ton. Pricing shall be determined based on the monthly OBM (Official
Board Markets report) under the Southwest Pricing category, High Side, per the
following Guidelines:
is Newspaper priced over $25.00 per ton, Service Provider will pay the City
a rebate of 50% of the OBM Southwest region baseline price. minus the
threshold (or first) $25 per ton. For example:
At $26.00 per ton, City rebate is $26-$25 = $1.00 x .50 = $0.50/ton. In
other words, the City and Service Provider split any proceeds over
$25.00/ton on a 50/50 basis.
C. Mixed Paper rebates shall be paid when the Threshold Market Price exceeds
$25.00 per ton. Pricing shall be determined based on the monthly OBM (Official
Board Markets report) under the Chicago Pricing category, High Side, per the
following Guidelines:.
i. Mixed Paper priced over $25.00 per ton, Service Provider will pay the City
a rebate of 50% of the OBM Chicago region baseline price minus the
threshold (or first) $25 per ton. For example:
At $26.00 per ton, City rebate is $26-$25 = $1.00 x .50 = $0.50/ton. In
other words, the City and Service'Provider_ split any proceeds'over .
$25.00/ton on a 50/50 basis.
d. Low-grade Mixed Paper rebates will be paid when the Threshold Market Price
exceeds $55.00 per ton. Pricing shall be determined based on the monthly OBM
(Official Board Markets report) under the Chicago Pricing category, High Side,
per the following Guidelines:
i.. Mixed Paper priced over $55.00 per ton, Service Provider will pay the City
a rebate of 50% of the OBM Chicago region baseline price minus the
threshold (orfirst) $55 per ton. For example: At $56 per ton, City rebate
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7300 Rivendell Recycling Center Operations Page 11 of 12
is $56-$55 = $1.00 X .50 = $0.50/ton. In other words, the City and
Service Provider split any proceeds over $55.00/ton on a 50/50 basis.
e. Commingled rebates shall be paid when the Threshold Market Price exceeds
$100.00 per ton. Pricing shall be determined based on the monthly Mill Trade
Journal Recycling Markets publication under the Midwest Mixed HDPE category
per the following Guidelines:
i. Commingled priced over $100.00 per ton, Service Provider will pay the
City a rebate of 50% of the Midwest Mixed HDPE baseline price minus
the threshold (or first) $100 per ton. For example:
At $101.00 per ton, City rebate is $101-$100 = $1.00 x .50 = $0.50/ton. In
other words, the City and Service Provider split any proceeds over
$100.00/ton on a 50/50 basis.
f. Glass: No rebate
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