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25-Deliberate and act on proposed options regarding a limited landfill disposable agreement with Waste Management
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25-Deliberate and act on proposed options regarding a limited landfill disposable agreement with Waste Management
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9/10/2010 6:25:58 PM
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CITY CLERK
Doc Name
25
Doc Type
Agenda
CITY CLERK - Date
9/13/2010
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<br /> <br /> <br /> <br /> <br /> <br /> (c) Contractor may, in its sole discretion, demand that a representative sample <br /> of any Special Waste proposed for delivery to the Landfill be provided by the <br /> generator to Contractor prior to the approval of a Special Waste agreement. <br /> Unless otherwise agreed by Contractor, the cost for acquisition, delivery and <br /> analysis of a representative sample shall be borne by the generator. If the <br /> generator refuses to provide a representative sample, Contractor shall have <br /> no obligation to accept the Special Waste or to execute a Special Waste <br /> agreement. <br /> <br /> 9. Sunday & Holiday Operation. City and Contractor hereby acknowledge and agree <br /> that operation of the Landfill during Sundays and the following holidays shall be <br /> limited to emergency situations as approved by TCEQ: <br /> <br /> <br /> New Year's Day <br /> Memorial Day <br /> Independence Day <br /> Labor Day <br /> Thanksgiving Day <br /> Christmas Day <br /> <br /> 10. Future Transfer Station. <br /> <br /> (a) Sections 8, 9, 10, 11 and 12 of the Contract are hereby deleted in their <br /> entirety; provided, however, if the City shall desire to construct and operate <br /> a transfer station (the "Transfer Station"), and the City does not operate the <br /> Transfer Station, then Contractor shall have the right of first refusal to <br /> operate such Transfer Station. If the City receives an offer from a third party <br /> to operate the Transfer Station (a "Third Party Offer"), then the City shall <br /> provide to Contractor the terms and conditions for such Third Party Offer. <br /> Contractor shall have a period of sixty (60) days after receipt of such Third <br /> Party Offer to accept or reject the right to operate Transfer Station in <br /> accordance with the terms of the Third Party Offer. If Contractor shall fail <br /> to accept to operate the Transfer Station in accordance with the terms of the <br /> Third Party Offer within such sixty (60) day period, then Contractor's right <br /> of first refusal shall expire. <br /> <br /> (b) If the City shall operate the Transfer Station, then Contractor agrees to <br /> furnish two (2) 42 yard compactor boxes and four (4) 40 yard open top boxes <br /> to be used at the Transfer Station. The rates to haul such boxes shall be <br /> mutually agreed upon by the City and Contractor. The City shall be <br /> responsible for placing of the compactor boxes into the compactor and <br /> removing the same when full. City shall also be responsible for tarping of <br /> open top boxes when the same shall be full. Such tarping shall be in <br /> accordance with the laws of the State of Texas. <br /> <br /> <br /> <br /> FIFTH AMENDED LANDFILL SERVICE CONTRACT Page 6 <br /> <br /> 185 <br />
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