Res 2024-206 approving a Change in Service to the agreement with Texas Disposal Systems, Inc., for the collection and disposal of solid waste and recyclable materials to extend the term of the agreement for five additional years

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1.4.12 Interruption of Service In the event the collection and disposal of solid waste,recyclable materials or green waste materials is interrupted for any reason within the Contractor's reasonable control for more than 48 hours, the City will have the right to make temporary independent arrangements for continuing these services to its citizens to provide and protect the public health and safety.In the event of this type of interruption,the Contractor will bear all expenses incurred for the alternate collection and disposal.Notwithstanding any other provision of this Contract, if an interruption in service continues for a period of ten (10) days, the City will have the right to immediately terminate this Contract and to seek any remedy provided by law. 1.4.13 Natural Disaster In the case of excessive amounts of solid waste caused by a tornado, severe storm, high winds, flooding,hurricane, ice storm or other similar natural occurrence or act of God,the City may dispose of the solid waste in whatever manner it may elect; provided however,that the City will attempt in good faith to use the Contractor's services if they can be used at the same or lower cost than other methods available to the City. If the City elects to use the Contractor's services, the Contractor agrees to provide a rear-load truck and two employees and/or roll-off boxes at the designated rates listed in "Attachment A". The City will notify the Contractor to be on alert when the Emergency Operation Center is activated. The City will also notify the assigned TDS Representative through text,phone or email. The Contractor agrees to provide the necessary service to the City within 48 hours of the City's notice of a natural disaster. If the Contractor cannot respond within the time frame set forth above, it will notify the City immediately of such inability. 1.4.14 Place of Collection The Contractor will perform all normal residential solid waste, recyclable materials and green waste materials collection activities at curbside, or with permission of the Director, from an alley. Carts must be placed within three(3)feet of the curb(or the property line adjoining the roadway)in order to be serviced. 1.4.15 Project Roll-Outs Any changes in service provided in the tenn of this contract will be subject to a 30-day roll-out period, after the date of implementation. 1.4.16 Miscellaneous A. The Contractor will discontinue collection services at any Residential or Multi-Family Unit as set forth in a written notice sent to it by the City. Upon further notification by the City,the Contractor will resume collection on the next regularly scheduled collection day. To the extent of the City's liability under applicable law and without waiving the City's governmental immunity,the City will indemnify and hold the Contractor harmless from any claims,suits,damages,liabilities or expenses resulting from the Contractor discontinuing service at any location at the direction of the City. B. The Contractor's right to provide collection and disposal services for solid waste, recyclable and Green Waste materials from within the contract area will apply only to matters specifically addressed in this Contract. The City will use its best efforts to require customers to comply with ordinances providing for curbside placement of residential solid waste, recyclable and Green Waste materials for collection by the Contractor.