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82. AMENDMENT NO. 1 TO THE AGREEMENT FOR SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION AND DISPOSAL BETWEEN THE CITY OF SAN tMARCOS, TEXAS AND TEXAS DISPOSAL SYSTEMS, INC. RECITALS: 1. On April 15, 2003, the City of San Marcos, Texas, entered into a contract (the "Agreement") with Texas Disposal Systems, Inc. ("TDS") for solid waste and recyclable materials collection and disposal and related services for the City. 2. The City and TDS wish to amend the Agreement to provide for customers to request additional containers for the collection of residential solid waste, and to provide for compensation to TDS for providing these containers and collection service from the containers. AGREEMENT: It is understood and agreed by the parties hereto that the following amendments are incorporated into the Agreement: 1. Section l. 1.3.1 is amended as follows (underlining indicates added text and eYers,*r.L~e indicates deleted text): 1. 1.3.1 Residential Unit Solid Waste A. The Contractor will collect residential solid waste from each residential unit in the contract area using either an automated or a semi automated collection system, two (2) times per week. The Contractor will pick up all residential solid waste (other than bulky waste, construction debris, stable matter, tree trimmings and yard waste) placed for collection at the curb on the designated collection day, whether contained in the provided residential cart or not, and regardless of the mode of collection utilized (automated/semi-automated). The Contractor will furnish each residential unit with one new cart. The size of the cart will be either 95 gallons, 68 gallons or 35 gallons (these capacities are approximate). Initially the Contractor will provide each customer with a new 95-gallon cart. The Contractor will provide customers with new smaller carts upon request of the customer. The Contractor will not substitute used carts during the term of this Contract for those originally provided to customers. If a customer's cart is in need of replacement, however, the Contractor may replace the cart with a used cart if the cart is in a condition acceptable to the Director. The cost for this service will be included in the cost per month for basic residential service. At a customer's request, the Contractor will provide additional carts for the customer's use, if feasible as determined by the Director, and the cost for this service will be in addition to the cost per month for basic residential service. B. Newly Annexed Areas: For residential units in portions of the contract area that have been newly annexed to the City, the customers will have the choice of immediately switching to the Contractor, or continuing to use solid waste collection contractors other than the Contractor for a period of two (2) years after the annexation. For such areas, the City will notify the Contractor of the address of residential units to add for services under this Contract during the two year period. After the two year period, the Contractor will provide services under this Contract for all residential units in such areas. C. The Contractor will propose and implement measures to prevent spillage with the mode of collection (automated/semi-automated) used by the Contractor (See section 1.4.1, Quality).