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<br />. <br /> <br />. <br /> <br />over CITY streets, provided <br />governing laws or ordinances. <br /> <br />such <br /> <br />collectors <br /> <br />comply with <br /> <br />any <br /> <br />(f) CONTRACTOR's right to collect and/or dispose of Solid <br />Waste shall not be exclusive in the event of a failure to collect <br />under section 34 of this Agreement during which CONTRACTOR fails to <br />maintain substantially complete regular collection services <br />pursuant to this Agreement and the collection schedules then in <br />effect, for any reason, including a strike by CONTRACTOR's <br />employees or similar labor dispute. The CITY may provide for <br />collection and/or disposal by persons other than CONTRACTOR during <br />such periods and may permit the public to obtain collection and/or <br />disposal services from persons other than CONTRACTOR during such <br />periods, including CONTRACTOR's Bin and/or Roll-Off Service <br />Customers. <br /> <br />(g). CONTRACTOR shall not have the exclusive right to collect <br />and dispose of Solid Waste by providing Bin and/or Roll-Off Service <br />if the conditions stated in section 28(c) are applicable. <br /> <br />10. <br /> <br />SOLID WASTE PROGRAM SURCHARGE: <br /> <br />(a) CONTRACTOR shall pay to the CITY a Solid Waste program <br />surcharge based upon the Gross Receipts received by CONTRACTOR. <br />This surcharge is now set at an amount equal to seven and one half <br />(7 1/2%) percent of said Gross Receipts. This amount may be <br />increased by resolution of the City Council and, whenever said <br />surcharge is increased by resolution of the City Council, <br />CONTRACTOR shall be permitted to pass through to both its Bin <br />Service and Roll-Off Service Customers one hundred (100%) percent <br />of the amount of such increase. <br /> <br />(b) Invoices submitted to Customers by CONTRACTOR shall not <br />reference the aforementioned surcharge. Payments to the CITY of <br />said Solid Waste surcharges shall be made to the CITY on a monthly <br />basis and shall be due and payable on or before the last calendar <br />day of the following month. Accompanying each payment will be a <br />listing of the Gross Receipts for that corresponding month. <br />CONTRACTOR shall, whenever requested to do so, make available such <br />records to the Executive Director at any reasonable time. <br /> <br />(c) Failure of CONTRACTOR to make any of the payments <br />provided for in section (a) above on or before the dates due will <br />result in a penalty of ten (10%) percent per month to CONTRACTOR. <br /> <br />11. <br /> <br />AUTOMATED SYSTEM: <br /> <br />(a) LICENSE: The CITY does hereby license to the CONTRACTOR <br />the Solid Waste collection and Recycling vehicles and Solid waste <br />collection and Recycling carts listed on Exhibit "A", attached <br />hereto and incorporated herein by this reference (hereinafter <br />referred to collectively as "the Licensed Equipment"), for a period <br />of time coterminous with the term of this Agreement. This license <br /> <br />9 <br />