MADISON MATERIALS 1 - 2005 - Laserfiche WebLink

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both parties agree require modifications to the terms hereof, the parties agree to meet and confer in a good faith effort to arrive at any such modifications. 4. MAXIMUM RATES FOR SANTA ANA CUSTOMERS CONTRACTOR agrees to charge Santa Ana Customers for recycling and processing rates that are no higher than those set forth on Attachment A. All Santa Ana customers will be required to make payment within net 30 days on invoices. Madison Materials may charge no more than 1.5% per month late fee on outstanding balances. The processing rate and host fee will be adjusted effective July 1 each year in an amount equal to 90% of the April Consumer Price Index for All Urban Consumers (base year 1982-1984 = 100) for Los Angeles-Anaheim-Riverside area, published by the United States Department of Labor, Bureau of Labor Statistics. In calculating new rate, the program surcharge shall be excluded from the rates before such adjustment (increase or decrease) is made. 5. RECYCLING REQUIREMENTS In order to assist the City in meeting its diversion goals of Assembly Bill (AB) 939, CONTRACTOR hereby agrees and guarantees to the CITY that CONTRACTOR will do each, every and all things required to ensure that all C&D Debris, produced or accumulated in the CITY and which is received by CONTRACTOR for processing from Santa Ana Customers will at all times be processed and recycled in full compliance with all of the provisions of the CITY'S Source Reduction and Recycling Element (SRRE), the California Integrated Waste Management Act, and amendments thereto adopted hereafter. Madison Materials shall divert a minimum of 50% of C &D Debris and Incidental Waste received from Santa Ana Customers on a quarterly basis, and shall make a good faith effort to achieve 75% diversion for such materials. Said diversion shall begin the first calendar quarter following execution of the Agreement. Because the City cannot determine the effect of overall recycling by Madison Material's failure to divert 50% of C&D material, the City shall impose $1000 a month in liquidated damages for every quarter CONTRACTOR is not diverting 50% or more. In the event the requirements of AB 939, the CITY'S SRRE, or any other statute, rule or regulation change so as to raise the CITY'S 5