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CONTRACT FOR RECYCLING SERVICES - DROP OFF CENTER AND CITY FACILITIES This Contract is made on the 5th day of May, 2009 between the City of San Marcos, Texas (the "City"), 630 East Hopkins, San Marcos, Texas 78666 and Green Guy Recycling, Inc. (the "Contractor"), for the provision of Recycling Services - Drop Off Center and City Facilities. The City and the Contractor agree as follows: ARTICLE 1 CONTRACTOR'S SERVICES AND RESPONSIBILITIES Section 1.1 Standards of Performance 1.1.1 The Contractor is responsible for the operation of a recycling drop-off center and the provision of recycling material pick up from City facilities and special events (the "Services") in accordance with the terms and conditions of this Contract. The Contractor will perform all Services in a good and workmanlike manner. Services includes furnishing all labor, equipment, tools, materials, insurance, supervision, and all other items necessary to complete the work as specified. No work under this Contract will be subcontracted by the Contractor without prior written approval from the City. Any subcontracts will be in writing and will be subject to each provision of this Contract. 1. 1.2 The Contractor certifies that it has fully acquainted itself with all conditions related to this Contract and will complete the Services in and under any conditions it may encounter or create, without additional cost to the City, except for changes in conditions or requirements of the work occurring during the term of this Contract through no fault of the Contractor. 1.1.3 The Contractor certifies that it is not now nor will it become delinquent in the payment of any obligation to any governmental entity. Section 1.2 Definitions In this Contract, the following terms will have the following meanings: 1.2.1 Collection - The removal and transportation of materials from the pickup point to the approved processing or disposal site. 1.2.2 Collection Center - Contractor provided facility including real property, utilities, buildings, equipment, and personnel used in the collection, sorting, staging, and processing of recyclable materials received from customers. 1.2.3 Contract or Contract Documents - Includes the following: This Contract, the Request for Proposals, the Contractor's proposal, addenda, , contract area maps, insurance certificates, Authorizations of Change in Services, and contract amendments. The terms Contract and Contract Documents have the same meaning. 1