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R-04-11-09-10D1 - 11/9/2004 RESOLUTION NO. R-04-11-09-10D1 WHEREAS, the City of Round Rock ( "City") has previously entered into a Refuse Collection Contract ("Contract" ) with Round Rock Refuse, Inc. ( "Contractor" ) , and WHEREAS, the City and Contractor now wish to amend the Contract, and WHEREAS, the City Council desires to enter into a Second Amendment to Refuse Collection .Contract with Round Rock Refuse, Inc . , Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Second Amendment to Refuse Collection Contract with Round Rock Refuse, Inc. , a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as_ required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of November, 2004 NYe loeMd'yo—r Ci ATT: ty Round Rock, Texas CHRISTINE R. MARTINEZ, City Secret ry OPMesktop\::ODMA/WORL]JCSX/O:/WDOX/RESOLUPI/R91109D1.WPD/sC SECOND AMENDMENT TO REFUSE COLLECTION CONTRACT This Second Amendment to Refuse Collection Contract ("Amendment") is entered into effective as of November 11 2004, by and between the City of Round Rock, Texas ("City") and Round Rock Refuse, Inc. , ("Contractor") . Whereas, that certain referenced Refuse Collection Contract was executed by City and Contractor on October 1, 1990; and Whereas, the Contract was amended by "First Amendment to Refuse Collection Contract" on September 26, 1991; and Whereas, it has again become necessary to amend said Contract with regard to collection rates; and Whereas, City and Contractor desire to so amend the Refuse Collection Contract as provided below: Now, therefore, for and in consideration of the sum of Ten and No/100 Dollars ($10 . 00) and other good and valuable consideration, City and Contractor do hereby modify and amend the Refuse Collection Contract as follows: I . Article 10 is hereby amended to read as follows : Article 10 . Collection Rates For collection and disposal of refuse as required by this Contract, Contractor shall be paid from amounts actually collected from customers the following: $8 . 80 per unit per month for senior citizen residential customers. 00075846 EXHIBIT "A" $9 . 60 per unit per month for all other residential customers. The Contractor may petition the City for rate adjustments at reasonable times on the basis of changes in its cost of operations, such as changes in statutes or the cost of utilizing land fills . Contractor shall be entitled to a fair, just and reasonable rate in relation to the cost of providing the service contemplated by this Contract. II . To the extent necessary to effect the terms and provisions of this Second Amendment, the Refuse Collection Contract is hereby amended. In all other respects, the Refuse Collection Contract is hereby ratified and confirmed. Contractor: Round Rock Refuse, Inc. B y: ��,-- Ralph Rocco, General Manager City of Round Rock, Texas By: Printed Name: Title. Attest: By: City Secretary Approved as to Form: By: City Attorney 00075846 DATE: November 4, 2004 SUBJECT: City Council Meeting - November 9, 2004 ITEM: 10.D.1. Consider a resolution authorizing the Mayor to execute a Second Amendment to Refuse Collection Contract with Round Rock Refuse, Inc. Department: Engineering and Development Services Staff Person: Tom Word, Chief of Public Works Operations Justification: The City has received a request from Round Rock Refuse for a rate increase due to increases in landfill charges, fuel costs and insurance costs. Funding• Cost: N/A Source of funds: N/A Outside Resources: Round Rock Refuse Background Information: Round Rock Refuse is franchised for residential garbage hauling within the City of Round Rock. This rate increase is requested to cover cost increases to Round Rock Refuse associated with landfill, fuel and insurance. The last rate adjustment was in January 2000. Round Rock Refuse provides twice a week pickup. This rate increase affects residential accounts only. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS SECOND AMENDMENT TO REFUSE COLLECTION CONTRACT This Second Amendment to Refuse Collection Contract ("Amendment") is entered into effective as of November 9 , 2004, by and between the City of Round Rock, Texas ("City") and Round Rock Refuse, Inc. , ("Contractor") . Whereas, that certain referenced Refuse Collection Contract was executed by City and Contractor on October 1, 1990; and Whereas, the Contract was amended by "First Amendment to Refuse Collection Contract" on September 26, 1991; and Whereas, it has again become necessary to amend said Contract with regard to collection rates; and Whereas, City and Contractor desire to so amend the Refuse Collection Contract as provided below: Now, therefore, for and in consideration of the sum of Ten and No/100 Dollars ($10 . 00) and other good and valuable consideration, City and Contractor do hereby modify and amend the Refuse Collection Contract as follows : I . Article 10 is hereby amended to read as follows : Article 10 . Collection Rates For collection and disposal of refuse as required by this Contract, Contractor shall be paid from amounts actually collected from customers the following: $8 . 80 per unit per month for senior citizen residential customers . 00075846 } k $9 . 60 per unit per month for all other residential customers . The Contractor may petition the City for rate adjustments at reasonable times on the basis of changes in its cost of operations, such as changes in statutes or the cost of utilizing land fills . Contractor shall be entitled to a fair, just and reasonable rate in relation to the cost of providing the service contemplated by this Contract . II . To the extent necessary to effect the terms and provisions of this Second Amendment, the Refuse Collection Contract is hereby amended. In all other respects, the Refuse Collection Contract is hereby ratified and confirmed. Contractor: Round Rock Refuse, Inc. B y: Ralph Rocco, General Manager City of Round Rock, Texas By: Printed : VL e P2ym Title : m . Attest: BY: City Secretary Approved as to Form• By: � . Y City lAttorney 00075846