3.5. SR 04-12-2010
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Elk REQUEST FOR ACTION
River
To Item Number
Ci Council 3.5.
Agenda Section Meeting Date Prepared by
Consent April 12, 2010 Rebecca Haug, Environmental
Administrator
Item Description Reviewed by
Waste Delivery Agreement with Resource Recovery Lori ohnson, Ci Administrator
Technologies (RRT) Reviewed by
Action Requested
Staff requests the City Council approve the Waste Delivery Agreement with Resource Recovery
Technologies (RRT) to be in effect once Great River Energy (GRE) purchases RRT.
Background/Discussion
The agreement before you will allow the City to continue processing their waste into fuel to be turned
into electricity at Great River Energy. On October 5, 2009, staff presented a similar five-year Waste
Delivery Agreement which was approved by the Council only through December 31, 2010. At that time,
i Sherburne County was offering a rebate through August 2010, which was the reason for Council entered
mto a one year agreement. Since that time, Sherburne County has entered into an agreement with RRT
to continue offering a rebate through December 31, 2012. In light of this new agreement with the
County, the City has been asked to sign a new Waste Delivery Agreement that would be in effect until
December 31, 2014, and then automatically renew for two additional five-year periods unless the City
chooses to terminate the agreement. As before, this agreement will not go into effect until GRE
purchases RRT. One of the contingencies with the purchase of that facility is receiving agreements from
Anoka and Sherburne Solid Waste Haulers. Since the City has organized garbage collection it is
considered a Solid Waste Hauler.
Financial Impact
Staff expects that the garbage fund would be able to absorb most of the increase in the short term (2010).
However, future garbage rate increases may be required.
Attachments
Staff report dated October 5, 2009
Waste Delivery Agreement
•
Action Motion by Second by Vote
Follow Up
C:\Documents and Settings\jmiller\Local Settings\Temporery Internet Files\OLK3E\Action Requested-contract2010.doc-book
Elk REQUEST FOR ACTION
,..._..
River
To Item Number
City Council
Agenda Section Meeting Date Prepared by
Consent October 5, 2009 Rebecca Haug, Environmental
Administrator
Item Description Reviewed by
RRT Waste Delivery Agreement Lori ohnson, Ci Administrator
Reviewed by
Peter Beck, Ci Attorne
Action Requested
Staff requests the City Council approve the Waste Delivery Agreement with Resource Recovery
Technologies (RRT) for one year.
Background/Discussion
The City of Elk River has been processing their waste at the RRT facility since the inception of the facility
back in the late 1980's. The contracts for waste delivery have pxunaxily been negotiated by the
participating Counties, which have been Anoka, Hennepin, Sherburne and Tri-County. Due to the recent
contract negotiations between the Counties, RRT is now responsible fox negotiating the contracts with
the garbage haulers. Since Elk River has organized garbage collection, it is considered a hauler. The
agreement before you will allow the Ciry to continue processing their waste into fuel to be turned into
electricity at Great River Energy. Staff is recommending that this agreement be approved through
December 31, 2010. Anoka and Sherburne County are offering rebates to haulers through August 20,
2010. Depending on whether the Counties continue to offer the rebate the Ciry will have an opportunity
to again look at the financial impacts prior to agreeing to delivering waste to RRT through 2012.
Financial Impact
Based on tons hauled September 2008 -September 2009 the estimated additional cost to the City's
garbage fund will be approximately $46,000 after the $12/ton rebate from Sherburne County, please see
attached e-mail from Dave Lucas, Sherburne County Solid Waste Officer. We expect that the garbage
fund would be able to absorb most of the increase in the short term (2010). However, future increases
may be reflected in garbage rate adjustments.
Attachments
E-mail dated September 30, 2009 from Dave Lucas, Sherburne County Solid Waste Officer
Spreadsheet prepared by Lori Ziemer showing the rate of disposal
Action Motion by Second by Vote
Follow Up
C:\Documents and Settings\jmillec\Local Settings\Temporary Internet Files\OLK3E\Action Requested-contnct.doc-book
WASTE DELIVERY AGREEMENT
(For Anoka and Sherburne Counties)
This WASTE DELIVERY AGREEMENT ("Agreement"), made this _ day of
2010, by and between GREAT RIVER ENERGY, a Minnesota cooperative
corporation with principal offices at 12300 Elm Creek Boulevard, Maple Grove, MN 55369
("GRE"), and , a [corporation/limited liability company], with
principal offices located at (address] (the "Hauler").
WHEREAS, GRE has entered into an asset purchase agreement for the purchase of the
municipal solid waste processing facility located at 10700 165' St. NW in Elk River, Minnesota
(the "Facility") from Resource Recovery Technologies, LLC ("RRT"), and anticipates that the
closing of the purchase transaction will take place by May 1, 2010; and
WHEREAS, the Hauler is engaged in the recycling and refuse hauling business in one or
both of the counties of Anoka and Sherburne (each a "County" and together the "Counties");
and
WHEREAS, the Hauler and RRT are parties to a waste delivery agreement (the "Interim Waste
Delivery Agreement") dated , 2009, under which the Hauler delivers municipal solid
waste to the Facility and which will be terminated effective as of the closing of the purchase of the
Facility by GRE; and
WHEREAS, as a condition of the closing of the sale of the Facility, and to provide for a seamless
transition of the ownership and operation of the Facility from RRT to GRE, GRE is requiring the
execution of waste delivery agreements with the Hauler and with the Other County Haulers to provide for
the continued delivery of municipal solid waste to the Facility after GRE assumes ownership and
operational responsibility for the Facility; and
WHEREAS, this Waste Delivery Agreement between GRE and the Hauler is intended to (1) be
contingent upon the closing of the purchase of the Facility by GRE, (2) be contingent upon execution of
substantially similar waste delivery agreements with the Other County Haulers, and (3) replace the
Interim Waste Delivery Agreement between the Hauler and RRT effective as of the calendar day
following the date of the closing of the purchase of the Facility by GRE (the "Effective Date"), and
WHEREAS, the Hauler will continue to delivery Acceptable Waste to the Facility under
the terms and conditions of the Interim Waste Delivery Agreement until the Effective Date, and
as of the Effective Date, the Hauler will deliver Acceptable Waste to the Facility under the terms
and conditions of this Waste Delivery Agreement between the Hauler and GRE.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereinafter set forth, the receipt and sufficiency of which is hereby mutually acknowledged, the
parties agree as follows:
I. DEFINITIONS
The following definitions apply to this Agreement:
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A. Acceptable Household Quantities: Means waste which is otherwise
Unacceptable Waste, but which is contained in garbage, refuse, and municipal
solid waste generated from normal household activities, provided, however, that
no amount of Hazardous Waste or any other waste that is regulated or restricted
by law shall be Acceptable Household Quantities. For the purposes of this
definition, "household" includes any permanent or temporary residential dwelling
unit.
B. Acceptable Non-Household Waste: Means waste which is otherwise
Unacceptable Waste, but which is contained in garbage, refuse, and municipal
solid waste generated from commercial, industrial, or community activities, where
the quantity of such Unacceptable Waste contained in any load delivered to the
Facility constitutes an insignificant portion of such load, provided, however, that
no amount of Hazardous Waste or any other waste that is regulated or restricted
by law is Acceptable Waste Non-Household Waste.
C. Acceptable Waste: Means garbage, refuse, and other municipal solid waste from
residential, commercial, industrial, and community activities which is generated
and collected in aggregate, and which is not otherwise defined herein as
Unacceptable Waste. Acceptable Waste shall also include Acceptable Household
Quantities and Acceptable Non-Household Waste, as each such term is defined
herein. Acceptable Waste does not include Recyclable Materials or Hazardous
Waste, as each such term is defined herein, or any other waste that is regulated or
restricted by law.
D. Contracted Tonnage: The quantity in tons of Acceptable Waste Hauler agrees to
deliver to the Facility as set forth in Section II.A.1 of this Agreement.
E. County: Means Anoka County or Sherburne County.
F. Effective Date: Means the calendar day following the closing date of the
purchase of the Facility by GRE.
G. Force Majeure: Means any act, event or condition relied upon by a party as
justification for delay in or excuse from performing an obligation or complying
with any condition required of such party under this Agreement, which act, event
or condition is beyond the reasonable control of the party, its affiliates or agents
relying thereon, including, without limitation, (i) an act of God, epidemic,
landslide, lightning, earthquake, fire or explosion, storm, flood or similar
occurrence, an act of public enemy, war, blockage, insurrection, riot, general
arrest or restraint of government and people, civil disturbance or disobedience,
sabotage or similar occurrence; (ii) the order or judgment or other act of any
federal or state court, administrative agency or governmental office or body; (iii)
the denial, loss, suspension, expiration, termination or failure of renewal of any
permit, license or other governmental approval required to operate (including,
without limitation, those permits required to operate the Facility); (iv) the
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adoption or change (including a change in interpretation) of any federal, state,
county or local law, rule, permit, regulation or ordinance after the date hereof
applicable to the Facility, or GRE, materially adversely affecting its obligations
hereunder; or (v) GRE or the Facility is for any reason delayed or barred by
governmental or judicial action from collecting all or any part of the fees and
charges owed to it pursuant to this Agreement.
H. GRE: Great River Energy
I. Hauler Rebate: Has the meaning set forth in Section II.H of this Agreement.
J. Hazardous Waste: Means waste defined as hazardous waste by state, federal,
and county laws, rules, and regulations, as any of the foregoing may be amended
from time to time.
K. Holiday: Means New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day, and Christmas Day.
L. Interim Waste Delivery Agreement: Means the waste delivery agreement
between the Hauler and RRT that terminates effective as of the date of the closing
of the purchase of the Facility by GRE.
M. MSW: Means municipal solid waste.
N. New Service Agreement: Means the agreement between GRE and each County
for the provision of waste processing services at the Facility.
O. Other County Haulers: Means all haulers operating in the applicable County
who have entered into a waste delivery agreement with GRE substantially similar
to this Agreement.
P. Recyclable Materials: Means materials that are separated from mixed municipal
solid waste for the purpose of recycling, including paper, glass, plastics, metals,
automobile oil, and batteries. Refuse-derived fuel or other material that is
destroyed by incineration is not a recyclable material.
Q. RRT: Resource Recovery Technologies, LLC.
R. Tipping Fee: Has the meaning set forth in Section II.D of this Agreement.
S. Unacceptable Waste: Waste which is not acceptable at the Facility.
Unacceptable Waste shall include waste which would likely pose a threat to
health or safety or which may cause damage to or materially adversely affect the
operation of the Facility, including but not limited to: explosives; hospital,
pathological and biological waste; commercial, industrial, and community
Hazardous Waste, as regulated by federal, state and local law; chemicals and
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radioactive materials; oil sludges; asbestos in identifiable quantities; cesspool,
domestic sewage or other sewage sludge; human or animal remains; street
sweepings; ash; mining waste; sludges; non-combustible demolition and
construction debris, including loads that are predominantly (i.e., over 50 percent)
sheet rock, metal studs/framing, metal siding, garage doors, lights, bricks, block,
or concrete; waste in liquid state; hazardous refuse of any kind, such as cleaning
fluids, used crank case oils, cutting oils, paints, acids, caustics, poisons, and
drugs; loads of predominantly windshields, mirrors or other autobody glass; loads
of predominantly asphalt shingles; and any other materials that may be agreed to
from time to time by the parties. If any governmental agency or unit having
appropriate jurisdiction shall determine that certain chemicals or other substances
which are not currently considered harmful or of a toxic nature or dangerous, are
harmful, toxic or dangerous, GRE and the Hauler agree that such chemicals or
other substances shall be Unacceptable Waste.
II. HAULER RESPONSIBILITIES
A. Delivery of Acceptable Waste.
1. The Hauler agrees to deliver to the Facility in each of the following
periods no less than the following "Contracted Tonnage" of Acceptable Waste:
Period Contracted Tonnage
Effective Date -December 31, 2010
January 1, 2011 -December 31, 2024
2. The Hauler agrees to use its best efforts to avoid delivering any
Unacceptable Waste to the Facility and shall not knowingly mix any
Unacceptable Waste with Acceptable Waste.
3. The Hauler shall use its best efforts to deliver the Contracted Tonnage of
Acceptable Waste to the Facility in a manner which spreads delivery of the
Contracted Tonnage evenly over the days of operation of the Facility.
B. Waste Origin. The parties agree that the purpose of this Agreement is to assure
that only Acceptable Waste generated and collected in the Counties is delivered
by the Hauler to the Facility. The parties acknowledge that there will be times
when waste generated in other counties is collected along with waste from the
Counties for operational and routing efficiency. The parties agree that the
incidental delivery of small amounts of Acceptable Waste from other counties is
allowed under this Agreement, so long as the Hauler agrees that, before any such
incidental delivery of non-County waste can occur, it will provide G1ZE with, and
update as necessary, a list of generators from where Acceptable Waste will be
delivered from other counties, and GRE agrees in writing that the list of
generators, as updated by the Hauler, constitutes an incidental delivery of non-
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County Acceptable Waste. Without the prior written approval of GRE, in no event
shall the Hauler deliver waste to the Facility that originates from Ramsey, Scott,
Dakota or Washington counties.
C. Rejection of Deliveries. The Hauler may be denied entrance to the Facility by
GRE if waste is delivered at any time other than the Facility's standard receiving
hours or if the Hauler has not paid the Tipping Fee, or if GRE has a reasonable
basis to believe that a vehicle contains Hazardous Waste or a significant amount
of Unacceptable Waste.
D. Tipping Fee. The Hauler shall pay to GRE the following tipping fee (the
"Tipping Fee") for each ton of Acceptable Waste delivered by the Hauler to the
Facility during the calendar year of the Term noted below.
Calendar Year Tipping Fee ($/ton)
Period
2010 $64
2011 $68
2012 $72
2013 $72
2014 $78
2015 $84
Previous calendar year
Each calendar year Tipping Fee + annual CPI
thereafter adjustment.
Notwithstanding the foregoing, the Tipping Fee shall be no higher than the
tipping fee charged to the Other County Haulers who deliver to the Facility during
the same calendar year of the Term. If a tipping fee lower than that indicated
above is offered to any Other County Hauler during the same calendar year of the
Term, the Hauler's Tipping Fee under this Agreement will be adjusted to reflect
the lower tipping fee for the applicable portion of the calendar year that the lower
tipping fee was in effect.
Notwithstanding the foregoing, in the event (i) Other County Haulers fail to
deliver their respective contracted tonnage under their respective waste delivery
agreements with GRE, or (ii) a new technology (not currently available) becomes
available to the marketplace at a materially lower cost and the Hauler can
reasonably demonstrate to GRE that Hauler is suffering a material loss of
customer-driven revenue due to a resulting lower disposal cost (including costs
for transportation and tipping fees) applicable to the Other County Haulers, the
parties agree to negotiate in good faith to adjust the Tipping Fee to an amount that
fairly reflects the circumstances at the time.
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E. Use of Facility. The Hauler agrees that it will comply with such reasonable rules
and regulations regarding the use of the Facility as GRE may periodically adopt.
F. Licensing and Compliance with Law. The Hauler agrees to (1) maintain and
comply with the requirements of all permits and operating licenses applicable to
the Facility; and (2) comply with all federal, state or local laws, rules, regulations
or ordinances.
G. Mattresses. In addition to all other charges, the Hauler agrees to pay to GRE the
mattress charge established by GRE from time to time.
H. Hauler Rebate. The Counties will implement, and will continue to offer through
December 31, 2012, a rebate (the "Hauler Rebate") that will require the Counties
to pay the Hauler a processing rebate for each ton of MSW accepted at the
Facility or the Back-up Disposal Facility. The amount of the Hauler Rebate is as
set forth on the attached Exhibit A. The County from where the MSW originated
will pay the processing rebate directly to the Haulers; GRE will not be responsible
for obtaining Hauler Rebates on behalf of the Hauler or for paying Hauler Rebates
on behalf of the Counties. GRE will have no liability or obligation in the event a
County fails to pay the Hauler Rebates to the Hauler.
III. TERM. This Agreement shall be in effect from the Effective Date through December
31, 2014 and shall thereafter automatically renew for two (2) additional five (5) year
periods on the terms and conditions set forth herein unless earlier terminated pursuant to
Section VI below.
IV. REMEDIES. In the event the Hauler fails to deliver the Contracted Tonnage of
Acceptable Waste to the Facility for any of the periods specified in Section II.A.1. during
the Term of this Agreement, GRE will be entitled to liquidated damages. The amount of
the liquidated damages shall be determined by multiplying the applicable Tipping Fee for
such period by the difference between the tons of Contracted Tonnage of Acceptable
Waste scheduled for delivery minus the total tons of Acceptable Waste actually delivered
to the Facility for such period. The liquidated damages shall be payable within fifteen
(15) days of the end of the applicable period.
V. FORCE MAJEURE. In the event any party is rendered unable, wholly or in part, by an
event of Force Majeure to carry out any of its obligations under this Agreement, then the
obligations of such party, to the extent affected by such an event of Force Majeure and to
the extent that reasonable business efforts are being used to resume performance at the
earliest practicable time, shall be suspended during the continuance of any inability so
caused by the event of Force Majeure but for no longer period. Any time that a party
intends to rely upon an event of Force Majeure to excuse or suspend its obligations
hereunder as provided in this Section, such party shall notify the other parry as soon as is
reasonably practicable, describing in reasonable detail the circumstances of the event of
Force Majeure. Notice shall again be given when the effect of the event of Force
Majeure has ceased.
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VI. TERMINATION
A. Termination. The parties may terminate this Agreement as follows:
1. Either party may terminate this Agreement by providing notice to the
other party if the other party commits a material breach of this Agreement,
and the breach is not cured within 30 days after receipt of notice from the
party not in breach, stating the nature of the breach.
2. Either party may terminate this Agreement by providing notice to the
other party in the event of any proceedings, voluntary or involuntary, in
bankruptcy or insolvency by or against the other party, or the appointment
with or without such other party's consent of an assignee for the benefit of
creditors or of a receiver for such other party, or the going into liquidation
voluntarily or otherwise for the making of a composition with creditors of
such other party.
3. GRE may terminate this Agreement by providing sixty (60) days advance
written notice to the Hauler in the event of the early termination of a New
Service Agreement with one of the Counties.
4. Beginning January 1, 2015 and continuing on January 1 of each year
thereafter during the Term of this Agreement, in the event the Hauler has
experienced for the preceding calendar year a decrease of greater than
fifteen percent (15%) as compared to the calendar year preceding the
preceding calendar year in (i) the aggregate tonnage of MSW picked up in
Anoka and Sherburne counties, or (ii) its residential pricing for MSW
originating in Anoka or Sherburne County due to the effects of a new
entrant in the relevant hauling market, the Hauler may terminate this
Agreement by providing one hundred eighty (180) days advance written
notice to GRE together with appropriate documentation evidencing the
applicable decrease in MSW tons or revenue.
5. The Hauler may terminate this Agreement upon ninety (90) days prior
written notice in the event of the early termination of the Hauler Rebates
(earlier than the schedule described in Appendix A) or at the expiration of
the Hauler Rebates on December 31, 2012. Notwithstanding the foregoing,
within thirty (30) days after receipt of the written notice described above,
GRE shall have shall have the right to reduce the Tipping Fee by the
amount of the applicable Hauler Rebate, in which case this Agreement
shall not terminate and the terms of this Agreement shall continue in full
force and effect with such adjusted Tipping Fee.
6. Beginning January 1, 2015 and continuing on January 1 of each year
thereafter during the Term of this Agreement, in the event the Hauler has
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received a bona fide written offer that will reduce such Hauler's "costs of
disposal" (tipping fees plus transportation costs) by greater than fifteen
percent (15%) per year, the Hauler may terminate this Agreement by
providing one hundred eighty (180) days advance written notice to GRE
together with appropriate documentation evidencing such bona fide
written offer. Notwithstanding the foregoing, within thirty (30) days after
receipt of the written notice described above, GRE shall have the right to
match the terms of such bona fide written offer, in which case this
Agreement shall not terminate and the terms of this Agreement shall
continue in full force and effect, as appropriately amended to incorporate
the terms of such bona fide written offer.
B. Effect of Termination. Termination under this Section VI will cause all rights
and obligations of the parties under this Agreement to terminate without any
liability of any party to any other party, except that termination will have no effect
on performance obligations or amounts to be paid that have accrued up to the
effective date of such termination. In addition, the indemnification obligations
contained in Section VII of this Agreement will survive the termination of this
Agreement.
VII. INDEMNIFICATION
A. Indemnification of GRE. The Hauler agrees to defend, indemnify, and hold
harmless GRE, its officers, agents, employees and contractors (i) from any
liability, claims, causes of action, judgments, damages, losses, costs, or expenses,
including reasonable attorney's fees, resulting directly or indirectly from any act
or omission of the Hauler or its officers, agents, employees or contractors, and (ii)
against all loss by reason of the failure of the Hauler to perform fully, in any
respect, all obligations under this Agreement.
B. Indemnification of Hauler. GRE agrees to defend, indemnify, and hold
harmless the Hauler, its officers, agents, employees and contractors (i) from any
liability, claims, causes of action, judgments, damages, losses, costs, or expenses,
including reasonable attorney's fees, resulting directly or indirectly from any act
or omission of GRE or its officers, agents, employees or contractors, and (ii)
against all loss by reason of the failure of GRE to perform fully, in any respect, all
obligations under this Agreement.
VIII. CONDITIONS TO EFFECTIVENESS; BINDING EFFECT. This Agreement will
become effective only upon (i) consummation of GRE's purchase of the Facility from
RRT; and (ii) GRE entering into agreements with the Other County Haulers servicing the
Counties (the "Other Hauler Contracts") on substantially similar terms and conditions
as are set forth in this Agreement with respect to minimum requirements of tonnage
delivery and uniformity of pricing. Upon satisfaction of these conditions, this Agreement
shall then be binding upon and inure to the benefit of the respective parties, their
representatives, successors and assigns.
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IX. ENTIRE CONTRACT, MODIFICATION AND WAIVER. This Agreement
constitutes the entire agreement between the parties hereto pertaining to the subject
matter hereof and supersedes all prior and contemporaneous agreements and
understandings of the parties. There are no warranties, representations or other
agreements between the parties in connection with the subject matter hereof, except as
specifically set forth herein. No supplement, modification or waiver of this Agreement
shall be binding unless it is executed in writing by the party to be bound thereby. No
waiver of any of the provisions of this Agreement shall be deemed or shall constitute a
waiver of any other provisions hereof, whether or not similar, nor shall such waiver
constitute a continuing waiver.
X. INDEPENDENT CONTRACTOR. For the purposes of this Agreement, the Hauler
shall be deemed to be an independent contractor, and not an employee or agent of GRE.
Any and all agents, servants, or employees of the Hauler or other persons, while engaged
in the performance of any work or services required to be performed by GRE under this
Agreement, shall not be considered employees or agents of GRE and any and all claims
that may or might arise on behalf of GRE, its agents, servants or employees as a
consequence of any act or omission on the part of the Hauler, its agents, servants,
employees or other persons shall in no way be the obligation or responsibility of GRE.
The Hauler, its agents, servants, or employees shall be entitled to none of the rights,
privileges, or benefits of Hauler employees except as otherwise may be stated herein.
XI. GOVERNING LAW. This Agreement shall be interpreted and construed according to
the laws of the State of Minnesota.
XII. SEVERABILITY. In case any one or more of the provisions contained in this
Agreement shall for any reason be held invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not effect any other provision of this
Agreement, but this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
XIII. ASSIGNMENT. The Hauler shall not delegate, assign, subcontract, or transfer any of its
duties or interests in this Agreement, whether by subcontract, assignment, delegation or
novation without the prior written consent of GRE, which consent shall not be
unreasonably withheld.
XIV. MERGERS AND ACQUISITIONS
A. Maintenance of Obligations. The Hauler shall maintain its existence and shall
not dissolve or otherwise dispose of all or substantially all of its assets, and shall
not allow itself or its routes to be acquired, and shall not consolidate with or
merge into another corporation, association, or entity or permit any other
corporation, association, or entity to consolidate with or merge into it unless the
acquiring, surviving, resulting or transferee corporation, association, or other
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entity, as the case may be, if other than the Hauler, assumes all of the obligations
of the Hauler under this Agreement.
B. Another Hauler. If the Hauler acquires or merges with another hauler or its
routes where such other hauler is obligated to provide GRE with Acceptable
Waste, the Hauler shall assume the other hauler's agreement with GRE and, in
addition to continuing to meet its own obligations, the Hauler shall deliver the
acquired hauler's contracted Acceptable Waste to the Facility.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set
forth above.
Gam; HAULER:
GREAT RIVER ENERGY
By
Its:
By
(printed name) (printed name)
(printed title) Its: (printed title)
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Appendix A
Hauler Rebate
Period Hauler Rebate
May 1, 2010 -December 31, 2010 $12
January 1, 2011- December 31, 2012 $14
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