2011-037 RES AWARDING A TEN YEAR LANDFILL SERVICE TO SANITATIONS SOLUTIONS

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