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d) Use of Emergency Services The Contractor acknowledges that the County has entered one or more stand-by contracts for debris removal in the event of a natural disaster. However, the Landfill will be impacted and the clean-up from some natural disasters may require that Contractor hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris resulting from the natural disaster. The pricing included on the bid form under additional services shall be utilized for the labor compensation of Emergency Services and these costs shall be included in the annual rate adjustment process. In the event that the provision of such services results in the Contractor incurring extraordinary costs (including, ,costs other than the cost of labor to operate the Landfill for extended hours) with respect thereto, the Contractor shall be compensated for its actual time, materials and labor costs, as well as the Contractor management fee, for any such services, subject to the County's prior written approval and the Contractor's provision of associated back-up. Article 9. Compensation 9.1 Operating Fee Operating Fee Rates for the operations, maintenance, and management of the Landfill as defined herein are provided in Exhibit 2. Rates. Contractor shall not be compensated for work performed prior to the Commencement Date. These services may include but not be limited to the development and submittal of plans, pre-operation meetings, ordering equipment and supplies, and the hiring of personnel. The operating fee for the Class I Landfill is fixed at an average of 220,000 tons per year (with a 10% margin up or down) at a rate of $18.70 per ton, for a total annual cost of $4,114,000. If in any calendar year the tonnage does not equal 220,000 tons (with a 10% margin up or down), both parties agree to negotiate in good faith with respect to such fluctuations in tonnages beyond the 10% margin in a given year to determine an appropriate rate per ton for the following calendar year. Both parties agree that the average tonnage shall be adjusted upwards on a yearly basis, at a 3% annual increase. 9.2 Compensation Process 9.2.1 Each month SWDD shall pay to the Contractor an amount equal to the Operating Fee Rate, as specified in Exhibit 2. Rates, divided by 12. The Operating Fee Rate shall be the total and complete compensation for the Contractor's duties, obligations, and responsibilities under this Agreement. 9.2.2 Contractor shall submit an invoice to SWDD on or before the fifth (5th) Day of each month for operations conducted under this Agreement during the preceding month, including any additional services provided. 9.2.3 SWDD shall issue payment to Contractor in accordance with the Florida Prompt Payment Act upon verification by SWDD staff of the invoice submitted. Indian River County Landfill Operating Agreement Final Page 22 of 42