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a. Class 1 Landfill Operations Rates. SWDD and the Contractor agree that <br /> beginning on January 1, 2018, and during the Renewal Term, compensation to the <br /> Contractor for the Class 1 landfill operations including the landfill GCCS O&M <br /> shall be Thirteen Dollars and Twenty Five Cents ($13.25) per ton of municipal <br /> solid waste (MSW) and construction & demolition (C&D) debris disposed in the <br /> Class 1 landfill ("Class 1 Rates"), subject to annual escalation as set forth in <br /> section 4 below. For purposes of clarity, the first such annual escalation shall be <br /> effective on January 1, 2019. <br /> b. Non Class 1 Landfill Operations Rates. SWDD and the Contractor agree that <br /> beginning on January 1, 2018, and during the Renewal Term, compensation to the <br /> Contractor for the Contractor's operation and management of the non-Class 1 <br /> landfill portions of the Landfill, as more specifically detailed in the Contract, shall <br /> be $2,974,004.79 per year (the "Non-Class 1 Rates"), subject to annual escalation <br /> as set forth in Section 4 below. For purposes of clarity, the first such annual <br /> escalation shall be effective on January 1, 2019. The annual Non-Class 1 Rate is <br /> inclusive of the single stream recycling services provided at the Municipal <br /> Recycling Facility, the single stream recycling services provided at Blue Cypress <br /> and the waste container provided at the yard waste facility. The annual expense <br /> set forth in 3(ii)(3) of the Seventh Amendment to Contract Agreement, dated May <br /> 17, 2016, shall terminate on December 31, 2017. <br /> 4. Annual Escalation. Effective as of the Renewal Term Start Date, Sections viii and ix of <br /> Article 3- Compensation of the Contract shall be of no further force or effect, and the <br /> adjustment for each of the Class 1 Rates and the Non-Class 1 Rates individually shall not <br /> exceed 100 percent of the change of the Consumer Price Index (CPI), specifically, The <br /> Urban Consumers Index, published by the U.S. Department of Labor, Bureau of Labor <br /> Statistics, for the Southern States. Downward adjustments resulting from a negative CPI <br /> shall be made by SWDD annually, when appropriate, without a request from the <br /> Contractor. The adjustment shall be computed as follows: For each subsequent year of <br /> the Contract, the net percentage change shall be 100 percent of the difference between the <br /> CPI as of the immediately preceding January and the second preceding January divided <br /> by the CPI as of the second preceding January. Such annual increase or decrease shall be <br /> capped at a maximum of three percent (3%).The following formula shall be used: <br /> Cost -Y' -`Yl +1 <br /> .4diustnient = <br /> X, <br /> X, _ (P1.for second preceding January <br /> , = CPI for imniediate preceding January, <br /> 5. Operational Optimization of CCCs. SWDD may elect, at any time during the Renewal <br /> Term and in its sole and absolute discretion, to alter the operation of one or more CCCs <br /> (including, without limitation, the closure of one or more CCCs) for the purpose of <br /> optimizing the waste collection system. SWDD shall notify the Contractor of such <br /> election in writing (the "Alteration Notification"), and such Alteration Notification shall <br /> contain specific direction from SWDD as to alterations the Contractor is required to <br /> I OG 2 2 70 <br /> Ninth Arnendinent to Contract Page 2 ol'5 <br />