GREAT WESTERN RECLAMATION, INC.- A-93-045

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10. SOLID WASTE PROGRAM SURCHARGE: (a) CONTRACTOR shall pay to the CITY a solid waste program surcharge equal to five (5%) percent of the gross receipts derived from CONTRACTOR' S customers. (b) Invoices submitted to customers by CONTRACTOR shall not reference the aforementioned five (5%) percent surcharge. Payments to the CITY of said solid waste surcharges shall be made to the CITY on a monthly basis and shall be due and payable on or before the last calendar day of the following month. Accompanying each payment will be a listing of the gross receipts for that corresponding month. CONTRACTOR shall, whenever requested to do so, make available such records to the Executive Director at any reasonable time. (c) Failure of CONTRACTOR to make any of the payments provided for in section (a) above on or before the dates due will result in a penalty of ten (10%) percent per month to CONTRACTOR. 11. COLLECTION POINTS AND REQUIREMENTS: (a) CONTRACTOR shall not be required to collect solid waste from any curbside service unit unless the same is placed on the curb along a public or private street, or along an alley having street access at both ends, and is placed in containers, packaged and otherwise prepared for collection in a manner prescribed by the CITY'S regulations covering the same. Under no circumstances shall CONTRACTOR be required to pick up and collect any material or matter which is not solid waste as defined in this Agreement, or to pick up and collect any solid waste from curbside service units which does not. comply with the following standards and limitations: (1) All solid waste shall be placed in containers adequate to eliminate overflow or contamination of surrounding areas; (2) Individual containers must not weigh in excess of 15 pounds empty or have a capacity exceeding 35 gallons. The total combined weight of the container and its contents shall not exceed 50 pounds; (3) Cardboard or wood cartons acceptable as temporary containers will be considered solid waste and will not be returned. Any cardboard or wooden carton which is not specifically used as a temporary container must be broken down, flattened down and tied in bundles with strong cord or wire heavy enough to act as a handle, or shall be placed in otherwise acceptable containers; (4) Cardboard, paper, magazines, palm fronds, tree limbs, brush, weeds and similar dry materials must be tied in bundles with a heavy cord or wire strong enough to act as a handle, or be placed in other acceptable containers. Any such bundle or items shall not exceed four feet in length, eighteen (18) inches in thickness, or weigh in excess of forty (40) pounds; 9