Mixed Recycling Clause Samples

Mixed Recycling. The minimum amounts of mixed Recyclable Materials which Contractor will collect, process and recycle during the first three years of the Term are: The minimum amount which Contractor will collect, process and recycle for the remainder of the Term shall be 18,780 Tons per year. The number of Tons which Contractor has collected, processed and recycled will be determined by multiplying the Tons of mixed Recyclable Materials collected in the City and delivered to the Greenwaste Materials Recovery Facility (net weight at gate scale) by the percentage that reflects the average facility recovery rate during the year in question, based on the annual audit required by Attachment E, Section A.2.c. For example, the percentage to be used for Year Two will be based on the facility recovery rate achieved during FY 2010-11, as shown by the audit conducted during FY 2010-11. The percentage to be used for Year One (FY 2009-10) will be ninety two percent (92%). If the minimum amount is not achieved in Year One, Contractor shall pay City $65.00 per Ton, multiplied by the difference between 16,250 Tons and the number of Tons actually collected, processed and recycled. If the minimum amount is not achieved in Year Two, Contractor shall pay City $70.00 per Ton, multiplied by the difference between 17,480 Tons and the number of Tons actually collected, processed and recycled. If the minimum amount is not achieved in Year Three, Contractor shall pay City $75.00 per Ton, multiplied by the difference between 18,780 Tons and the number of Tons actually collected, processed and recycled. In Year Four, the per Ton payment will be established by multiplying the per Ton payment in Year Three ($75.00) by the same percentage that the labor-related cost component of Contractor’s Compensation is adjusted for that year per Attachment N-2. The per Ton payment will be adjusted annually thereafter by the same percentage applicable in each year. If Contractor fails to achieve the minimum amount (18,780) in Year Three or thereafter and believes that its failure is due to changes in the wastestream tonnage and/or composition, it may within ninety (90) days after the end of the contract year in question (i.e., by September 30) request the City to adjust the minimum amount. Such a request must be accompanied by data and analysis developed by Contractor. If City agrees, the Director may adjust the minimum amount for a specified period of time. If City does not agree, the parties will meet and confer....