2011-140A - Laserfiche WebLink

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The Independent Engineer shall compare the Average Alternate Cost to the total amount that was paid to the Company in the previous Contract Year for producing Mulch and disposing of the District ' s Acceptable Waste ("Total Company Cost") . When calculating the Total Company Cost, the Independent Engineer shall use (a) the same tonnage values that were used for MT and DT, respectively, when calculating the Total Alternate Costs and (b) the Company ' s then current Processing Fee and Supplemental Processing Fee . If the Total Company Cost is five percent (5 %) or more greater than the Average Alternate Cost , the Company ' s Processing Fee and Supplemental Processing Fee shall each be reduced by an amount (percentage) sufficient to reduce the Total Company Cost to a level that is equal to the Average Alternate Cost . If the Total Company Cost is not greater than the Average Alternate Cost by five percent (5 %) or more, or if the Average Alternate Cost is greater than the Total Company Cost, there shall be no adjustment to the Company ' s fee . The Independent Engineer shall submit a draft report to the Parties concerning the Independent Engineer ' s market evaluation . The draft report shall contain the Independent Engineer ' s preliminary determination as to whether, and the extent to which, the Processing Fee and the Supplemental Processing Fee should be adjusted, based on the requirements set forth above in this Section 4 . 4 . The Parties shall have thirty ( 30) days to provide comments and information to the Independent Engineer concerning the draft report and preliminary determination . The Independent Engineer shall fully and fairly consider all of the comments and information provided by the Parties before the Independent Engineer issues a final report and determination . Based on his or her evaluation of the issues set forth in this Section 4 . 4 , the Independent Engineer ' s final report shall contain the Independent Engineer ' s final determination as to whether, and the extent to which , the Processing Fee and Supplemental Processing Fee should be reduced . The Independent Engineer ' s final determination about any such adjustments shall be final , binding upon both Parties , and non- appealable . The adjustments to the Processing Fees , if any, shall be reflected in the next Monthly Billing Statement that is issued after the Independent Engineer issues the final report and determination . The adjustments to the Processing Fees , if any, shall be applied retroactively to (a) the first day of the eighth Contract Year, if the market evaluation was. began immediately after the end of the seventh Contract Year, or (b) the first day of the fifteenth Contract Year, if the market evaluation was begun immediately after the end of the fourteenth Contract Year. Notwithstanding the foregoing requirements , if the Company reasonably concludes that the Processing Fee recommended in the Independent Engineer ' s final report is less than the Company ' s cost of Processing Acceptable Waste into Mulch for the 27