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<br />. <br /> <br />. <br /> <br />Composting Facility with respect to this Agreement and shall be responsible for, and insure that, <br />both facilities act so as to meet the requirements of both this Agreement and CIWMA. <br /> <br />(i) CONTRACTOR hereby agrees and guarantees to the CITY that CONTRACTOR will do <br />each, every and all things required to ensure that all Solid Waste generated, produced or <br />accumulated in the CITY which is collected by CONTRACTOR will at all times be in full <br />compliance with all of the provisions of the CITY'S SRRE, CIWMA, and amendments thereto <br />adopted hereafter, and will protect, indemnify, pay, save, defend, and hold the CITY harmless from <br />any and all loss, expense, damage, fines, penalties and liability of every kind and nature whatsoever <br />by virtue of any non-compliance with such CITY and statutory requirements, provided, however, <br />that CONTRACTOR shall not be responsible to the extent Solid Waste is generated in the CITY and <br />collected or disposed, or both, by other than CONTRACTOR. Further, CONTRACTOR agrees to <br />protect, defend, with counsel approved by the CITY, and indemnify CITY against any and all fines <br />and/or penalties imposed by the California Integrated Waste Management Board in the event that the <br />diversion quantities delete spaces contained in the CITY'S SRRE, or any other requirement of <br />CIWMA, are not met. <br /> <br />3. Section 22, the "CURBSIDE SERVICE PAYMENT" shall be increased by $.04 per month for <br />parkway clean-up. <br /> <br />4. Section 23, the "RESIDENTIAL BIN SERVICE RATES" tenn of said SECOND AMENDED <br />AGREEMENT is hereby amended to include: <br /> <br />(c) Rates for residential bin service rates to pay for alley clean-up shall be increased by the <br />amounts provided for in shown on Exhibit D and shall be considered hauling and processing <br />charges. Such rates shall include a one (1 %) percent charge based on Gross Receipts which shall be <br />paid to the CITY by CONTRACTOR on a monthly basis and which shall be due and payable on or <br />before the last calendar day of each month for the previous month. Said charge shall be used to <br />offset a rate reduction approved by the CITY for senior citizen and mobile home park Curbside <br />Service Units. CONTRACTOR shall make records containing Residential Bin Service available to <br />the Executive Director at any reasonable time. <br /> <br />5. Section 24, the "COMMERCIAL/INDUSTRIAL BIN SERVICE RATES" tenn of said <br />SECOND AMENDED AGREEMENT is hereby amended to include: <br /> <br />(c ) Rates for commercial/industrial bin service rates to pay for alley clean-up shall be <br />increased by the amounts provided for in Exhibit D and shall be considered hauling and processing <br />charges. Such rates shall include a one (I %) percent charge based on Gross Receipts which shall be <br />paid to the CITY by CONTRACTOR on a monthly basis and which shall be due and payable on or <br />before the last calendar day of each month for the previous month. Said charge shall be used to <br />offset a rate reduction approved by the CITY for senior citizen and mobile home park Curbside <br />Service Units. CONTRACTOR shall make records containing Residential Bin Service available to <br />the Executive Director at any reasonable time. <br /> <br />6. Section 27, the "ADJUSTMENTS TO CHARGES"" tenn of said SECOND AMENDED <br />AGREEMENT is hereby amended to include: <br /> <br />(d) AOMINISTR A TlVF COST: The ADMINISTRATIVE COST for curbside service shall <br />be adjusted annually, if at all, beginning on July 1,2003. The Administrative Cost shall <br /> <br />3 <br />