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days of MGR properly invoicing County. MGR shall provide an accurate invoice each <br /> month for mattressesibox springs collected. <br /> a. County will pay MGR$9.00 for each mattress/box springs collected at the Orange <br /> County Landfill and delivered by MGR to MGR'S recycling facilities. MGR will <br /> own all mattressesibox springs once they are loaded onto their conveyance. <br /> b. Monthly invoice shall include data as per part 3.a.(iv) above. <br /> C. County and MGR may renegotiate the per mattress cost for recycling if mutually <br /> agreed in writing and that the maximum amount payable under this agreement is <br /> not exceeded. <br /> b. Disputes. In the event the amount stated on an invoice is disputed by the County, the <br /> County may withhold payment of all or a portion of the amount stated on an invoice <br /> until the parties resolve the dispute. Should MGR fail to perform its duties under the <br /> terms of this Agreement, County may, without fault or penalty, withhold any payment <br /> associated with the work to be performed until such time as said work is completed. <br /> c. Fuel Surcharge. In the event that the average monthly unleaded gasoline or diesel fuel <br /> prices (All Grades) rise above $4.00 per gallon according to the US Department of <br /> Energy statistics for the Central Atlantic Region <br /> (http://www.eia.gov/dnav/pet/pet pri gnd dcus rly w.htm), County agrees to pay a <br /> Fuel Surcharge to MGR. <br /> The surcharge will be calculated based on: <br /> The number of documented loads of mattresses picked up by MGR at the County facility <br /> Multiplied by 98 miles per trip; Divided by 10 miles per gallon. <br /> That resulting estimate of gallons of fuel consumed by type (diesel or gasoline); <br /> Multiplied by the difference between the fuel price according the DOE index cited above <br /> on the first of the month for which the invoice is applied and $4.00 per gallon. <br /> Expressed as follows for each fuel type: <br /> (MGR's #Trips to Orange County) x (98 miles/trip) / 10 mpg x (First of month fuel price <br /> - $4.00/gallon) = Surcharge total. <br /> The Fuel Surcharge, if any, shall be calculated and added to the monthly bill as a <br /> separate line item as part of the invoice. <br /> d. Additional Services. County shall not be responsible for costs related to any services in <br /> addition to the Basic Services performed by MGR unless County authorizes such <br /> additional services in writing and such additional services do not exceed the maximum <br /> amount payable under this agreement. <br /> 6. Responsibilities of the County <br /> a. Cooperation and Coordination. The County has designated(Gayle Wilson, Solid Waste <br /> Management Director) to act as the County's representative with respect to the Project <br /> and shall have the authority to render decisions within guidelines established by the <br /> County Manager and/or the County Board of Commissioners and shall be available <br /> Revised July 2010 <br /> 4 <br />