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n) Interstate Highway 35 (inside city limits) mow, trim 3 <br />o) Interstate Highway 35 (inside city limits) litter pickup 10 <br />p) Interstate Highway 35 intersections — mow, trim, and litter pickup 2 <br />The Performing Party will observe all safety requirements established by the Texas <br />Department of Transportation during the pick -up process. In addition, the performing party will <br />haul all trash to the City's facility on River Road and will provide all necessary equipment to <br />accomplish its services. In those areas that require the use of a mower, the height of the blades <br />will be set at a maximum of 2 -3 inches. For those areas requiring the use of weed - eaters the <br />performing party will strive to maintain a uniform height of approximately 4 inches. In addition, <br />the Performing Party will chip all wooded material at the City's compost site and make use of <br />the existing roll -off container provided by the City. These services are to be performed in <br />locations identified by the Receiving Party. The Performing Party will perform all services in <br />accordance with the descriptions contained in this Agreement and as further detailed in <br />Attachment A. The schedule for work identified in this Agreement is tentative. Should the <br />Receiving Party wish to modify this schedule the Performing Party will adjust the schedule to <br />meet the Receiving Party's needs. <br />ARTICLE 4. CONTRACT AMOUNT <br />The total amount to be paid by the Receiving Party to the Performing Party for services <br />under this contract will not exceed the annual sum of $603,076.63 in accordance with <br />Attachment A. Should the Performing Party be required to haul materials to a disposal location <br />other than the City's compost site, the City will be billed at a rate of $16.50 per cubic yard. <br />ARTICLE 5. PAYMENT FOR SERVICES <br />The Receiving Party will pay TIBH as assignee and servicing agent of the Performing <br />Party's interest in the payment under this contract (as directed), for goods and services received; <br />upon receipt of a proper invoice or voucher submitted by TIBH; and such payment will be made <br />within thirty (30) calendar days from receipt of same. <br />Payment by the Receiving Party to TIBH as assignee to the Performing Party will be <br />based upon bills presented monthly, with billing based upon the actual performance of the <br />specified work by location. <br />ARTICLE 6. TERMINATION <br />This Agreement may be terminated under any one of the following conditions: <br />a) By mutual agreement and consent of both parties. <br />b) By the Receiving Party giving written notice to the Performing Party and the <br />Certifying Party as a consequence of failure by the Performing Party to <br />satisfactorily perform the services and obligations set forth in this Agreement, <br />with proper allowances being made for circumstances beyond the control of the <br />2 <br />