O-1989-1639 - Laserfiche WebLink

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. (2) e The prOV1S10ns of Paragraph (3) of the Agreement are hereby repealed, a new Paragraph (3) is hereby inserted to read in its entirety as follows: (3) COMPENSATION TO CONTRACTOR: As full compensation to the Contractor for operation of the above referred to landfill by the Contractor, the City agrees to pay to. the Contractor in accordance with the following schedule: :---" 1st year of contract $3.25 per cubic yard for Solid Waste Disposal 1st year of contract $5.50 per cubic yard for Processed Sewage Sludge Dis. 2nd through 9th year $3.50 per cubic yard for of contract Solid Waste Disposal , 2nd through 9th year $6.00 per cubic yard for of contract Processed Sewage Sludge Dis. For tpe year beginning April 1, 1990, and on each subsequent year, the compensation described above shall be adjusted to recognize the effect of inflation between April 1, 1988, and the date of adjustment. The payment for each year beginning April 1, 1990, shall be $3.50 per cubic yard for solid waste (or $6.00 per cubic yard of processed sewage sludge) multiplied by a fraction, the denominator of which shall be 116.0, which was the February 1988 Consumer Price Index for all Urban Consumers (CPI-U), all items, U.S. City Average (1982-84=100), and the .. numerator of which shall be the CPI-U for all items, U.S. City average, as of the date of adjustment. Payment shall be based on the number of cubic yards of municipal solid waste delivered to Contractor under the terms of this Agreement, . it being further specifically understood and agreed by and between parties, with respect to the aforesaid compensation that the compensation to be paid will be based upon pre-determined refuse truck capacities which are agreed upon between the Contractor and the City. In the event Contractor and City are unable to reach a mutually acceptable agreement with regard to refuse truck capacities, the parties may request the determination of such agreement by a mutually acceptable arbitrator. Should ~he parties be unable to agree upon a mutually acceptable arbitrator, each party shall nominate one arbitrator and the arbitrators so nominated by the parties shall select a third arbitrator who will act with them as a three-member arbitratiqn panel to decide the disagreement between the parties by the concurrence of a majority of such panel. Costs for such arbitration shall be borne equally by Contractor and City.