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04-B4 Landfill Service Contract
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04-B4 Landfill Service Contract
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Last modified
12/2/2009 11:18:07 AM
Creation date
9/21/2007 4:21:48 PM
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AGENDA
Item Number
04-B4
AGENDA - Type
RESOLUTION
Description
5th Amended Landfill Service Contract with Waste Manatement of Texas, Inc.
AGENDA - Date
9/24/2007
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<br />within thirty (30) days after receipt undisputed past due amounts bear <br />interest at the rate of 1 % per month. <br /> <br />(f) Residential customers with Waste Material collection service to their <br />residence may personally deliver up to one (1) pickup truck bed of Waste <br />Materials to the Landfill per month pursuant to Section 3 (a)(ii) above <br />once per month, and shall show proof of City residency at the Landfill by <br />presentment of a current water bill for such residence, and a valid driver's <br />license. Contractor shall directly bill the City for such services. <br /> <br />(g) For any calendar month during the term of the Contract that the City shall <br />deliver to the Landfill 20,000 cubic yards or greater of Waste Material (the <br />"Monthly Volume Discount Threshold"), the City shall receive a 10% <br />discount (the "Monthly Volume Discount") for Waste Material delivered <br />during that calendar month under the Contract; provided, however, the <br />Monthly Volume Discount shall be applicable only to a calendar month in <br />which the City actually delivers to the Landfill the Monthly Volume <br />Discount Threshold," <br /> <br />4. Waste Mana2ement Sponsorin2 Keep Paris Beautiful Events. Contractor <br />a2rees to fullv sponsor two (2) annual Keep Paris Beautiful Clean-Up events <br />by providin2 a 25 cubic yard rear-load truck and a two-man crew at a City <br />desi2nated site from 8:00 a.m.-12:00 p.m. (or as otherwise desi2nated bv <br />City) and Contractor shall pay for all disposal costs related to these events. <br /> <br />5. Acceptance of Waste: Ri2ht to Refuse Unacceptable Waste. Contractor agrees <br />to accept for disposal all residential Acceptable Waste delivered by Cit pursuant <br />to this Agreement. Contractor shall not be required to accept, and provided <br />Contractor delivers written notice to City within 10 days after Contractor's actual <br />knowledge of delivery of the Unacceptable Waste to the Landfill, reserves the <br />right to reject or revoke acceptance of (in accordance with Section 5 below), any <br />waste brought to the Landfill that Contractor, in its reasonable discretion, <br />considers to be an Unacceptable Waste or Suspicious Waste. Contractor may <br />require City to remove waste it has delivered which is subsequently determined or <br />suspected by Contractor to be Unacceptable Waste. If such Unacceptable Waste is <br />not removed from Contractor's possession by the City within a reasonable time, <br />not to exceed three (3) days from the receipt of such waste, Contractor will <br />arrange for lawful disposal of such waste. City will reimburse Contractor for any <br />costs or damages, including fines and penalties, resulting from delivery of <br />Unacceptable Waste to the Landfill. <br /> <br />6. Revocation of Acceptance. Contractor may, at any time before the condition of <br />the waste has been materially changed, revoke its acceptance of any waste <br />discovered to be Unacceptable Waste. Revocation must occur within a reasonable <br />time after Contractor actually discovers or should have discovered that the waste <br />is Unacceptable Waste. In revoking its acceptance of any waste, Contractor shall <br /> <br />FIFTH AMENDMENT TO LANDFILL SERVICE CONTRACT <br />S:\citydata\Clerk\nbrown\Other\Fifth Amendment to Landfill Service Contract - V3R9-21.doc <br /> <br />Page 4 <br />
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