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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(c) Contractor may, in its sole discretion, demand that a representative sample of any Special Waste proposed for delivery to the Landfill be provided by the generator to Contractor prior to the approval of a Special Waste agreement. Unless otherwise agreed by Contractor, the cost for acquisition, delivery and analysis of a representative sample shall be borne by the generator. If the generator refuses to provide a representative sample, Contractor shall have no obligation to accept the Special Waste or to execute a Special Waste agreement. 9. Sunday & Holid ~ Operation. City and Contractor hereby acknowledge and agree that operation of the Landfill during Sundays and the following holidays shall be limited to emergency situations as approved by TCEQ: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day 10. Future Transfer Station. (a) Sections 8, 9, 10, 11 and 12 of the Contract are hereby deleted in their entirety; provided, however, if the City shall desire to construct and operate a transfer station (the "Transfer Station"), and the City does not operate the Transfer Station, then Contractor shall have the right of first refusal to operate such Transfer Station. If the City receives an offer from a third party to operate the Transfer Station (a "Third Party Offer"), then the City shall provide to Contractor the terms and conditions for such Third Party Offer. Contractor shall have a period of sixty (60) days after receipt of such Third Party Offer to accept or reject the right to operate Transfer Station in accordance with the terms of the Third Party Offer. If Contractor shall fail to accept to operate the Transfer Station in accordance with the terms of the Third Party Offer within such sixty (60) day period, then Contractor's right of first refusal shall expire. (b) If the City shall operate the Transfer Station, then Contractor agrees to furnish two (2) 42 yard compactor boxes and four (4) 40 yard open top boxes to be used at the Transfer Station. The rates to haul such boxes shall be mutually agreed upon by the City and Contractor. The City shall be responsible for placing of the compactor boxes into the compactor and removing the same when full. City shall also be responsible for tarping of open top boxes when the same shall be full. Such tarping shall be in accordance with the laws of the State of Texas. FIFTH AMENDED LANDFILL SERVICE CONTRACT Page 6