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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(~ Residential customers with Waste Material collection service to their residence may personally deliver up to one (1) pickup truck bed of Waste Material to the Landfill per month pursuant to Section 3(a)(ii) above, and shall show proof of City residency at the Landfill by presentment of a current water bill for such residence, and a valid driver's license. Contractor shall directly bill the City for such services. (g) For any calendar month during the term of the Contract that the City shall deliver to the Landfill 20,000 cubic yards or greater of Waste Material (the "Monthly Volume Discount Threshold"), the City shall receive a 10% discount (the "Monthly Volume Discount") for Waste Material delivered during that calendar month under the Contract; provided, however, the Monthly Volume Discount shall be applicable only to a calendar month in which the City actually delivers to the Landfill the Monthly Volume Discount Threshold. 4. Waste Management Sponsoring Keep Paris Beautiful Events. Contractor agrees to fully sponsor two (2) annual Keep Paris Beautiful Clean-Up events by providing a 25 cubic yard rear-load truck and atwo-man crew at a City designated site from 8:00 a.m.-12:00 p.m. (or as otherwise designated by City) and Contractor shall pay for all disposal costs related to these events. 5. Acceptance of Waste and Right to Refuse Unacceptable Waste. Contractor agrees to accept for disposal all residential Acceptable Waste delivered by City pursuant to this Contract. Contractor shall not be required to accept, and provided Contractor delivers written notice to City within 10 days after Contractor's actual knowledge of delivery of the Unacceptable Waste to the Landfill, and Contractor reserves the right to reject or revoke acceptance of (in accordance with Section 6 below), any waste brought to the Landfill by City that Contractor, in its reasonable discretion, considers to be an Unacceptable Waste or Suspicious Waste. Contractor may require City to remove waste it has delivered which is subsequently determined by Contractor to be Unacceptable Waste. If such Unacceptable Waste is not removed from Contractor's possession by the City within a reasonable time, not to exceed three (3) days from the City's receipt of written notification, Contractor will arrange for lawful disposal of such waste. City will reimburse Contractor for all reasonable costs or damages, including fines and penalties (if any), resulting from the City's delivery of Unacceptable Waste to the Landfill. 6. Revocation of Acceptance. Contractor may, at any time before the condition of the waste has been materially changed, revoke its acceptance of any waste discovered to be Unacceptable Waste. Revocation must occur within a reasonable time after Contractor actually discovers or should have discovered that the waste is Unacceptable Waste. In revoking its acceptance of any waste, Contractor shall notify City of the manner in which the waste is Unacceptable Waste. Contractor agrees to provide written notice to City within 10 days after actual knowledge of delivery of such Unacceptable Waste to the Landfill, of its intent to revoke acceptance of such waste. FIFTH AMENDED LANDFILL SERVICE CONTRACT Page 4