Orange County NC Website
52 <br /> EXHIBIT R-1 <br /> PRICING <br /> SINGLE STREAM RECYCLABLES <br /> (a)The value of the single stream recyclables meeting the Specifications shall be eighty-five percent(85%)of the Actual Outbound Value, <br /> minus the Processing Fee. "Actual Outbound Value"means average price paid to or charged to the processing facility during the month <br /> of delivery of the recyclables less any freight, customs charges, duties, or other charges paid to third parties for the sale of such <br /> Recyclables. It shall be conclusively presumed that the composition of the Recyclables delivered to the Provider shall be identical to the <br /> composition of all single stream recyclables processed by Provider at the processing facility used, as established from time to time by <br /> Provider. Notwithstanding the foregoing, Provider may perform a composition study of the Recyclables to determine the percentage of <br /> each commodity in County's Recyclables and may revise the amount payable or chargeable to County to reflect the actual composition <br /> of County's Recyclables. County acknowledges that the value of the Recyclables may be negative. <br /> (b)The initial Processing Fee is$100.25 per ton. <br /> OLD CORRUGATED CONTAINERS <br /> The value of the loose old corrugated containers meeting the Specifications shall be PPW for OCC#11 minus thirty dollars($30.00)per <br /> ton. "PPW"means the higher of the two Domestic prices for the Southeast Region published by RISI PPI Pulp and Paper Week,first <br /> edition of the month, retroactive to the first of the month. If RISI Pulp and Paper Week is no longer reflective of prevailing market <br /> conditions or if an alternative publication more accurately reflects such market conditions,then Provider may propose to use any such <br /> alternative publication(s)or alternate method to determine the price for wastepaper. The other party's consent,which shall not be <br /> unreasonably withheld,to the use of such alternate publication or method shall be required. County acknowledges that the value of the <br /> Recyclables may be negative <br /> CHARGES <br /> In the event Recyclables contain more than the allowable Non-Recyclables, Provider shall charge and County shall pay an Excess <br /> Contamination Fee for the percentage above the allowable Non-Recyclables. The initial Excess Contamination Fee is one hundred <br /> fifty-five dollars ($155.00)per ton. <br /> The Provider has the right to adjust the Processing Fee and Excess Contamination Fee in accordance with increases in the applicable <br /> CPI as calculated below on the anniversary of the Effective Date ("Anniversary Date"). Such CPI adjustments shall be effective on such <br /> Anniversary Date and shall be recalculated and effective each Anniversary Date thereafter.The increases to the fees shall be based on <br /> the percentage increase in the CPI for the twelve(12)month period ending one month prior to the Anniversary Date. "CPI"means the <br /> Consumer Price Index-All Urban Consumers (CPI-U),Water, Sewer, and Trash Collection (WST), (Not Seasonally Adjusted, 12-month <br /> rolling average)as published by the United States Department of Labor, Bureau of Labor Statistics(1982-1984=100). In the event this <br /> CPI is no longer viable or no longer reflective of consumer prices in County's geographic region, another consumer pricing index or <br /> method of adjustment may be used as a replacement for the CPI, subject to the mutual agreement of the parties. Failure by Provider to <br /> submit such CPI price adjustment shall not preclude the retroactive implementation of such adjustment as of the Anniversary Date. <br /> Notwithstanding the foregoing, no annual increase shall exceed 4.0%. <br />