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COMPENSATION TO CONTRACTOR 046 <br />The Service Fee due to Contractor from County for Contractor's receipt and <br />handling of County Solid Waste at the Transfer Station and the transportation and <br />disposal of such waste at the Sanitary Landfill pursuant to this Agreement shall be as <br />follows: <br />During the initial term of this Agreement, the Service Fee shall be Thirty-t=ight and <br />50/ 100 Dollars ($38.50) per ton of County Solid Waste accepted at the Transfer Station <br />and transported by Contractor from the Transfer Station to the Sanitary Landfill, <br />including the cost of disposal at the Sanitary Landfill, as adjusted pursuant to the terms <br />hereof. Beginning Oil July 1, 2009, and on each subsequent July 1s', the Service Fee shall <br />be adjusted and revised to reflect increases or decreases in the cost of living during the <br />preceding year as measured by the Consumer Price Index, All Urban Consumers, South <br />Region, formula- The CP_I. adjustment shall apply to the base Service fee without <br />regard to adjustments for fuel as provided below. <br />The Contractor shall be entitled to rate adjustments due to fuel cost increases. <br />Contractor shall adjust the Service fee on October 'I, January 1, April 1, and July 'I to <br />reflect increases or decreases in the cost of diesel fuel during the preceding three month <br />period; provided, the base cost of the contract is $3.338 per gallon and the rate my go <br />above or below this price during the contract term. Adjustments will be made <br />according to the formula set forth in Exhibit "13" which is attached hereto and <br />incorporated herein. The first rate change for fuel will be October P, 2008. <br />Contractor also shall be entitled to an automatic Service Fee increase in the Service <br />Fee equal to the amount of any fee, surcharge, duty, tax, or other charges of any nature <br />imposed by the federal government, any agency thereof, the state where the Transfer <br />Station and/or Sanitary Landfill are located, any agency thereof, or by any local <br />governmental agency which is payable solely by reason of the nature of the Transfer <br />Station operation, or the transportation or disposal operations conducted by Contractor <br />and any other sales or service taxes of general application to the operation of the <br />Transfer Station, or the transportation services and/or the Sanitary Landfill. Such fee, <br />surcharge, duty, tax or other charge shall be paid by the County in the form of a Service <br />Fee increase and shall include by way of example and not limitation anv state <br />superfund tax for funding waste disposal and minimization studies or projects and any <br />other tax, fee, surcharge or like charge. <br />In the event it becomes necessary for Contractor to dispose of waste at a landfill <br />other than the Waste Industries Landfill, such site must first be agreed to by Contractor <br />and the County. Thereafter, Contractor shall be entitled to offset any increased costs of <br />transportation or disposal by increasing the Service Pee unless Contractor's inability to <br />use the Waste Industries Landfill is directly attributable to Contractor's default of its <br />obligations hereunder. <br />Contractor shall invoice County monthly for the Service Fee, and payment thereon <br />shall be due fifteen ("15) days after receipt of invoice. <br />3 <br />