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14-Landfill Services Agreement
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14-Landfill Services Agreement
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4/21/2011 4:13:57 PM
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4/21/2011 4:13:57 PM
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CITY CLERK
Doc Name
14
Doc Type
Agenda
CITY CLERK - Date
4/25/2011
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<br /> <br /> <br /> <br /> <br /> <br /> <br /> (iii) Construction and demolition material $17.25 per ton <br /> (Uncompacted) <br /> <br /> (iv) Brush Trucks (Uncompacted) $5.25 per cubic yard <br /> <br /> (v) Waste Material delivered to Citizens <br /> Convenience Center $6.00 per cubic yard <br /> <br /> (b) The Base Rates referenced above include all state mandated closure fund <br /> fees, licenses, taxes as of the effective date of this Agreement. Provided, <br /> however, the base rates listed above may be increased from time to time to <br /> cover any new state or federal mandated tax or fee assessed against the <br /> Landfill after the effective date of this Agreement. Contractor shall provide <br /> all necessary proof or documentation to City prior to increasing rates based on <br /> any new state or federal fees assessed against the Landfill. This provision, <br /> however, specifically excludes any increases in property taxes and/or income <br /> taxes associated with the Landfill and/or Contractor, and the base rates shall <br /> not be increased to offset increased property taxes at Landfill and/or due to <br /> changes in the Federal income tax rules and regulations applicable to <br /> Contractor's business at the Landfill. <br /> <br /> (c) Contractor shall bill City monthly for all Waste Material delivered by City to <br /> the Landfill during the previous month pursuant to this Agreement, multiplied <br /> by the then applicable Base Rates. Invoices shall be paid within thirty (30) <br /> days after receipt; undisputed past due amounts bear interest at the rate of <br /> one-half of one percent (.5%) per month. <br /> (d) The base rates provided above shall remain fixed for a period of two (2) years <br /> from the effective date of this Agreement. <br /> <br /> (e) Beginning on the second anniversary of the Effective Date of this Agreement <br /> and on each anniversary of this Agreement thereafter, Contractor shall have <br /> the right to request an increase in the Base Rates based on the same <br /> percentage as the Consumer Price Index, for the Dallas, Texas area for All <br /> Urban Consumers, All Items, Not Seasonally Adjusted, Based Period <br /> December 1983 = 100 (published by the United States Bureau of Labor <br /> Statistics, Consumer Price Index) (the "C.P.I.") shall have increased during <br /> the preceding twelve months. In the event the U.S. Department of Labor, <br /> Bureau of Labor Statistics ceases to publish the C.P.I., the parties hereto agree <br /> to use the Municipal Cost Index as their guide for any percentage increases in <br /> the Base Rates. Provided, however, in no event shall the Base Rates be <br /> increased more than five percent (5.0%) in any one year. The first CPI <br /> calculation shall include the percentage change for the first twenty four month <br /> period. Every year after, it shall be for a twelve month period from <br /> Anniversary date to Anniversary date. <br /> <br /> <br /> Landfill Services Agreement - Page 5 of 14 <br /> <br /> <br /> _ v 77 <br />
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