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1988-068-RES WHEREAS, the City Council of the City of Paris in Resolution No. 88-042, passed and adopted 9 May, RESOLUTION NO. 88-068 WHEREAS, the City Council of the City of Paris in Resolution No. 88-042, passed and adopted 9 May, 1988, did authorize an offer of agreement in the form of a contract attached thereto as Exhibit A to Barney Bray, III, dba, B & B Equipment Company to provide landfill services through the 30th day of September, 1993 with the City having the option for two additional five year terms and retained a phrase from the previous contract which was not discussed with nor accepted by Bray but was inadvertently included in the said Exhibit A, and WHEREAS, it is right and proper that said Exhibit A should be corrected to reflect the agreement of the parties and Exhibit A attached hereto does accomplish that purpose, and which would be accepted by the City and offered to Bray; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Exhibit A attached hereto, be and the same is hereby offered to Barney Bray, III, dba, B & B Equipment Company, as an amendment to the existing contract with Bray; and BE IT FURTHER RESOLVED, that Eric S. Clifford, Mayor, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the FIRST AMENDED CONTRACT with Barney Bray, III, dba, B & B Equipment Company in the form of Exhibit A attached hereto for landfill services through 30 September, 1993, with the option for two additional five year terms. Passed and adopted this 11th day of July, 1988. ~~for~. Mayor ATTEST: ~~"'"\.~~~ Matt~e Cunningham, Cit er FIRST AMENDED CONTRACT STATE OF TEXAS COUNTY OF LAMAR ~ ~ KNOW ALL MEN BY THESE PRESENTS: That, the City of Paris, Paris, Texas, a municipal corpo- ration, acting by and through its Mayor, Billy Joe Burnett, duly authorized, hereinafter called CITY and Barney Bray, III, dba B & B Equipment Co., hereinafter called BRAY do hereby contract and agree to amend the contract heretofore entered into on the 11th day of April, 1983, for solid waste landfill services as follows: 1. The primary term of the contract will be ten (0) years, beginning on the 1st day of October, 1983 and ending on the 30th day of September, 1993, City is hereby given the option for two additional five year terms upon the same terms and conditions subject only to price increases justified by the increase of the Consumer Price Index for All Urban Consumers, U.S. City Average as established by the Bureau of Labor Statis- tics, U.S. Department of Labor herein after referred to as C.P.I. more fully discussed hereinafter in paragraph 14. In the event City exercise all options this contract would terminate on the 30th day of September 2003. 2. City's solid waste contained in compactor trucks will be received at BRAY's landfill and will be handled in accordance with the laws of the State of Texas. 3. Bray will maintain his permitted landfill in accordance with the laws of the State of Texas. 4. BRAY will receive only rubbish and waste that are permitted in a Type I landfill. No toxic or dangerous chemicals will be accepted. E:;: D'DAV ....~............... +-.... ..................... ,..~~_. .....c n__~_ ___~_~.....~__ ....._~ _, ,. accordance with Paragraph 14, and to handle the same in accordance with the laws of the State of Texas. All loads are charged as full loads unless prior approval of a partial load has been approved by Barney Bray, III, or his designated, in writing, representative. BRAY agrees to receive at his landfill small animals from CITY in bags delivered by pick up truck for a fee of $2.00 per head, which price remains firm through the 30th day of September, 1993. 7. Additional Regulations by EPA, Texas Department of Health or other controlling agencies, shall if it appears to increase the cost of the landfill operations, authorize and mandate the amendment of this contract to include the estimated cost of such regulation implementation which cost shall be audited and adjusted during the month of July each year or until the parties agree on a constant annual adjustment. 8. CITY may provide a transfer station for the use of CITY citizens and BRAY will serve the same as hereinafter provided. 9. BRAY agrees to furnish 42 yard compactor boxes and 40 yard open top boxes to be used at the CITY's receiving and compacting station, in the event that such is constructed and permitted, and to haul such loaded boxes to his landfill at a cost of $150 per load for five loads per day or less. In the event CITY's daily load level reaches six (6) then the charge per load would be decreased by 5%. 10. BRAY will furnish two compactor boxes and four open top boxes for use at CITY's transfer Station. 11. In the event CITY places in operation a receiving station it will be responsible for the placing of compactor boxes into the compactor and removing same when full. CITY is addi- tionally responsible for tarping to be in accordance with the extension thereof upon which there is mutual agreement. In addition to the principal amortization herein provided for, BRAY shall be entitled to interest on the unpaid amortized principal balance at the rate of Lamar County prime, established by Liberty National Bank in Paris, Paris, Texas. 13. CITY will provide fire protection to BRAY's equipment at the landfill and on the road to the landfill and anywhere within five miles of the CITY limits of CITY. 14. All prices contracted for will remain firm through September 30, 1984. In the event, that the C.P.I. in July of 1984 or any year thereafter during the term of this contract or any extension hereof increases above the previous July rate then the fees herein provided for shall be increased by the same percent; however, in the event of a decrease such fees will remain at the last established level. C.P.I. in July of 1983 was 99.9. 15. The terms of this contract are contingent upon the City of Paris operating the residential trash pickup service and this contract is not assignable by the CITY. If the residential trash pickup service was awarded by the CITY to others, the successful bidder would be responsible for procuring or furnishing landfill service. Effective and executed this 11th day of July, 1988. CITY OF PARIS, PARIS, TEXAS ATTEST: By: Eric S. Clifford, Mayor Mattie Cunningham, City Clerk