Res 2015-104/Fifth Amended and Restated Contract with Texas Disposal Systems, Inc. for the Collection and Disposal of Solid Waste and Recyclable Materials which adds Curbside Green Waste Cart Services, discontinues servicing of the downtown public trash c

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ARTICLE 5 RECORDS AND REPORTS Section 5.1 5.1.1 The Contractor will file the following records and reports with the City on a monthly basis: A Reports of all actions taken by the Contractor to resolve complaints. B. Changes in the number of residential units served by the Contractor. C. Reports of recycling and green waste information which includes estimated amount by weight of recyclable and green waste materials collected. 5.1.2 The Recycling Material Facility will document and provide to the City estimated weights on all loads delivered to the Recycling Material Facility by the Contractor for City loads of Recyclables collected in the City by time delivered to the Facility,tonnage of material delivered,and unacceptable loads collected. The Contractor will submit a monthly estimated summery for the Recyclable Materials Facility to the City. All of these records will be available to the City and its representatives at reasonable times and places throughout the term of this Contract and for a period of five(5)years after last or final payment. 5.1.3 Report of solid waste collected by estimated weight. Section 5.2 The Contractor will retain all records and supporting documentation applicable to this Contract, and not delivered to the City, for a period of three years except in the event that the Contractor goes out of business,it will deliver to the City all of its records relating to this Contract for retention by the City. ARTICLE 6 TERM OF CONTRACT Section 6.1 Contract Term 6.1.1 The term of the original Contract commenced on July 1,2008. The City has entered into four prior amended and restated contracts with the Contractor. This is the Fifth Amended and Restated Contract and it will be effective from, October 1, 2015 through September 30, 2020. The Contractor will continue collection of residential solid waste,recyclable materials,and green waste materials from Residential Units and Single-stream Recycling Services for Multi-family Units. 6.1.2 The contract term may be extended for two additional five-year periods, provided all terms and conditions remain in full force and effect except for the Contract being extended, and a modification to rates as specified in Section 3.3 of this Contract. Each of these options, if exercised, is to be executed in the form of an Authorization of Change in Services(Attachment B)no sooner than 180 calendar days prior to expiration of the Contract, nor later than the final day of the contract period. These options require the mutual agreement of the City and the Contractor. Refusal by either party to exercise an option to renew will cause the Contract to expire on the original or mutually agreed upon date. The total period of the Contract,including both extensions,will not exceed a maximum combined period of 15 years. Section 6.2 Breach/Default Failure by either party to this Contract to perform any of its provisions will constitute a breach of 17