Res 2016-116/approving a State Use Contract between the City and Easter Seals-Central Texas as certified by TIBH Industries, Inc. for vegetation and litter control in the estimated annual amount of $1,043,066.40

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n) McCarty Lane—mow, trim, litter pickup, and flower bed 12 o) Wonder World Drive—mow, trim, and litter pickup 4 p) Interstate Highway 35 (inside city limits)—mow, trim, and litter pickup 10 q) Neighborhood Parks—mow, trim, and litter pickup 18 The Performing Party will observe all safety requirements established by the Texas Department of Transportation during the pick-up process. In addition, the Performing Party will haul all trash to the City's facility on River Road and will provide all necessary equipment to accomplish its services. In those areas that require the use of a mower, the height of the blades will be set at a maximum of two (2) to three (3) inches. For those areas requiring the use of weed- eaters, the Performing Party will strive to maintain a uniform height of approximately four (4) inches. In addition, the Performing Party will chip all wooded material at the City's compost site and make use of the existing roll-off container provided by the City. These services are to be performed in locations identified by the Receiving Party. The Performing Party will perform all services in accordance with the descriptions contained in this Agreement and as further detailed in Attachment A. The schedule for work identified in this Agreement is tentative. Should the Receiving Party wish to modify this schedule, the Performing Party will adjust the schedule to meet the Receiving Party's needs. ARTICLE 4. CONTRACT AMOUNT The total amount to be paid by the Receiving Party to the Performing Party for services under this contract will be the annual sum of$1,043,066.40, in accordance with Attachment A. Should the Performing Party be required to haul materials to a disposal location other than the City's compost site, the City will be billed at a rate of$16.50 per cubic yard. ARTICLE 5. PAYMENT FOR SERVICES The Receiving Party will pay TIBH Industries, Inc., as assignee and servicing agent of the Performing Party's interest in the payment under this contract (as directed) for goods and services received. Upon receipt of a proper invoice or voucher submitted by TIBH Industries, Inc., such payment will be made within thirty (30) calendar days from receipt of same. Payment by the Receiving Party to TIBH Industries, Inc., as assignee to the Performing Party will be based upon bills presented monthly, with billing based upon the actual performance of the specified work by location. ARTICLE 6. TERMINATION This Agreement may be terminated under any one of the following conditions: a) By mutual agreement and consent of both parties. b) By the Receiving Party giving written notice to the Performing Party and the Certifying Party as a consequence of failure by the Performing Party to satisfactorily perform the services and obligations set forth in this Agreement, with proper allowances being made for circumstances beyond the control of the Performing Party.