18-Deliberate and act on proposed sanitation RFP and options

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124 125 A contract for residential collection services will be for a ten (10) year period, with an option to 126 renew for an additional ten (10) year period, beginning on a negotiated date no later than August 127 31, 2011. Either party may cancel the contract by notifying the other party by certified mail a 128 minimum of one (1) year prior to the expiration date of the term. 129 130 131 REMUNERATION 132 Upon the completion of the second year of the contracts contemplated by this Request for 133 Proposals and annually thereafter, the rates for the disposal of solid waste at the proposer's site 134 or for residential collection services shall be subject to adjustments proportionate to any 135 increases or decreases in the Consumer Price Index (CPI) issued by the U.S. Department of 136 Labor, Bureau of Labor Statistics for the Dallas/Fort Worth (or any other successor agency of the 137 United States that shall issue such indexes or data) and shall provided for the pass-through of any 138 increases in the Texas state tipping fee or any new (after the effective date of the contract) 139 federal government tax levied on municipal solid waste disposal. Any changes in any law, 140 federal or state, which causes an increase in the costs associated with the provision of services 141 pursuant to this agreement shall be presented to the City with the background information which 142 Proposer/Contractor believes evidences the need for a cost increase with a request to increase the 143 amount of remuneration due pursuant to this Agreement. The City shall conduct a due diligence 144 investigation to determine whether a requested increase is justified. Following an investigation 145 and evaluation of the request the City Council shall act to approve or deny the request. 146 147 Either party may cancel a Contract by notifying the other party in writing by certified mail a 148 minimum of one (1) year prior to the expiration date of the Contract to the address provided in 149 the Contract, as updated throughout the Term, for notices. 150 151 The Contractor will be responsible for all City, State, and Federal landfill fees and taxes. 152 153 154 INDEMNITY 155 The successful proposer will defend, indemnify, and hold the City, its officers, agents, servants 156 and employees harmlessfrom and against any and all suits, actions, legal proceedings, claims, 157 demands, damages, costs, expenses, and attorney's fees incident to any work done in the 158 performance of the Contract arising out of any act or omission of the successful proposer, its 159 officers, agents, servants and employees; provided, however, that the successful proposer shall 160 not be liable for any suits, legal actions, claims, demands, damages, costs expenses, and 161 attorney's fees caused solely by a negligent act or omission of the City, its officers, agents, 162 servants and employees. 163 164 165 Specifications for Solid Waste Disposal Landfll Facility and Residential Solid Waste Collection Page 4 -1 189