2007-113-RES-Approving and Authorizing the execution of the fifth amended landfill service contract between the City of Paris and Waste Management of Texas

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