19 - Renewing the Landfill Services Agreement with Waste Connections, Inc.

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3. Term. The initial term of the A ee en . O.PIT inent hall be for a period of ten (10) years commencing on the day day ( 1 , .2011 ("Effective Date"), and ending on th(a 4- 'jNL I !;dayof 202 (the "Initial Term''). Thereafter, the-City shall have the option to rtnew and extend the Agreement for -an additional ten (.10) year term. City shall notify Contractor of its intent to renew this agreement by providing. Contractor with written notice no less than sixty (60) days prior to the expiration of the Initial Term, 4. Termination for Cause. If at any time during this Agreement, Contractor shall f4il to substantially perform under any of, the terms, covenants or condition's set forth in this Agreement, City shall notify Contractor of the default in writing by ,certified mail or hand delivery addressed to Contractor at the address provided herein. Contractor shall have thirty (30) days from receipt of the notice of default to remedythe default; provided, however, if such default is of a nature that requires more than thirty (3 0) days to cure then, Contractor shall have a reasonable time to cure said default, provided Contractor commences to remedy, the default within thirty (310) days of receipt of notice and works diligently toward curing the default; otherwise the City may terminate this Agreement and all rights- and obligations herein shall terminate as of the date of termination. 5. Performance Bond. Prior to the effective date of this Agreement, Contractor shall purchase at its sole expense a performance bond in the amount of $150,000 guaranteeing Contractor's performance under er this Agreement and naming the City as sole beneficiary under the bond. The surety must come from the United States' Treasury Department's Listing of Approved Sureties and must be authorized to issue surety bonds in the State of Texas, The City reserves the right to reject any :and all sureties. Contractor- shall issue a new performance bond for this Agreement, an or before the anniversary date of this Agreement for every year of this Agreement. The amount of the Performance Bond for years 2-10 of this Agreement, and any renewal years of this Agreement, shall be, based upon the City's residential landfill disposal costs for the prior year. 6. Base Rates. (a) Contractor shall charge City tho following rates for receiving and disposing of Waste Material at the Landfill ("Base Rates"): (i) Compacted Waste Materials $5.40 per cubic yard $17.25 per ton' (ii) Curbside -pickup of Bulky Waste $10.00 per cubic yard from residential account upon special request by City Public Works Director and/or Sanitation Manager 1 Contractor,shall apply the cubic yard rate to all waste material received from City, unless and until City provides Contractor with thirty (30) days advance written notice of.City's intent to enforce, the tonnage rate. Landfill Services. Agreement - Page 4 of 14