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<br />(i) <br />(ii) <br /> <br />Compacted Waste Materials <br /> <br />$9.88 per cubic yard <br /> <br />Residential customer's personally <br />delivering up to one (1) pickup truck <br />bed of Waste Materials to Landfill per <br />month as set forth in Section 3(f) below <br /> <br />$9.72 per cubic yard <br />(2 cubic yard <br />minimum) <br /> <br />(iii) <br /> <br />Construction and demolition material <br />for City run condemned housing project <br /> <br />$28.00 per ton <br /> <br />(iv) Brush trucks (maximum 6 loads <br />per year) $28.00 per ton <br /> <br />(b) +he above Base Rates shall not be adjusted for changes in the CPI (as <br />hereinafter defined) until October 1,2008. Commencing October 1,2008, <br />and continuing annually on each October 1 thereafter during the term of <br />this Contract, Contractor shall have the right to request an increase in the <br />Base Rates based on the same percentage as the Consumer Price Index, for <br />the Dallas, Texas area US City A veragc for All Urban Consumers, <br />Garbage and Trash Collection, Not Seasonally Adjusted, Base Period <br />December 1983 = 100 (published by the United States Bureau of Labor <br />Statistics, Consumer Price Index) (the "C.P.I.") shall have increased <br />during the preceding twelve months. In the event the U.S. Department of <br />Labor, Bureau of Labor Statistics ceases to publish the c.P.I., the parties <br />hereto agree to substitute another equally authoritative measure of change <br />in the purchasing power of the U.S. dollar as may be then available so as <br />to carry out the intent of this provision. The City shall not unreasonably <br />withhold its consent to a Base Rate increase based on changes in the CPI. <br /> <br />(c) Contractor shall also be entitled to an increase in Base Rates from time to <br />time during the term of the Contract, aOO upon thirty (30) days2. written <br />notice to the City and upon written approval from the City Manager, to <br />offset any significant increase in the Contractor's costs due to changes in <br />federal, state or local laws, rules or regulations, or increases in taxes, <br />tariffs or surcharges. Documentation of such increases shall be submitted <br />to the City contemporaneously with Contractor's thirty (30) day notice to <br />City of such increase. <br /> <br />(d) The above Base Rates shall includes all state mandated closure fund and <br />fees and Landfill fees as of the date hereof. <br /> <br />(e) Contractor shall bill City monthly for all Waste Material delivered by City <br />to the Landfill during the previous month pursuant to this Contract, <br />multiplied by the then applicable Base Rates. Invoices shall be paid <br /> <br />FIFTH AMENDMENT TO LANDFILL SERVICE CONTRACT <br />S:\citydata\Clerk\nbrown\Other\Fifth Amendment to Landfill Service Contract - V3R9-2I.doc <br /> <br />Page 3 <br />