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<br />I <br /> <br />I <br /> <br />128 <br /> <br />CONTRACT FOR COLLECTION AND DISPOSAL OF <br />SOLID WASTE AND RECYCLABLE MATERIALS <br /> <br />This Contract is made this the 29th day of July, 1997, between the City of San <br />Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and Browning-Ferris <br />Industries, Inc. (UBFI") (to be changed effective October 1, 1997 to BFI Waste Systems of <br />North America, Inc.), 777 North Eldridge, Houston, Texas, Texas 77079 for the provision <br />of solid waste and recyclable materials collection and disposal services. <br /> <br />The City and BFI agree as follows: <br /> <br />ARTICLE 1 <br />CONTRACTOR'S SERVICES AND RESPONSIBILITIES <br /> <br />1.1 <br /> <br />STANDARDS OF PERFORMANCE <br /> <br />1.1.1 BFI is responsible for curbside collection and disposal of solid waste and recyclable <br />materials from within the contract area and for the marketing of collected recyclable <br />materials in accordance with the terms and conditions of this Contract in a good and <br />workmanlike manner. These services will include furnishing all labor, equipment, tools, <br />materials, insurance, supervision, and all other items necessary to complete the work as <br />specified. No work under this Contract will be subcontracted by BFI without prior written <br />approval from the City. Any subcontracts will be in writing and will be subject to each <br />provision of this Contract. <br /> <br />1.1.4 BFI certifies that it has fully acquainted itself with all conditions related to this <br />Contract and will complete its services in and under any conditions it may encounter or <br />create, without additional cost to the City, except for material changes in conditions or <br />requirements of the work occurring during the term of this Contract without the fault of BFI. <br /> <br />1.1.5 BFI certifies that it IS not now nor will it become delinquent in the payment of taxes <br />to any governmental entity. <br /> <br />1.2 DEFINITIONS <br /> <br />Wherever the following terms are used in this Contract, they will mean: <br /> <br />Alley Collection - Collection service from a public alley. The collection point is that area <br />entirely within the lot line and adjacent to, but not in, the alley or other public utility <br />easement or public way utilized for this purpose. <br /> <br />Bags - Plastic sacks designed to store refuse with sufficient wall strength to maintain <br />physical integrity under normal loading when lifted by the top. <br /> <br />1 <br />