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R-91-1661 - 9/26/1991 RESOLUTION NO. 1661R WHEREAS, on the 1st day of October, 1990, the City of Round Rock and Round Rock Refuse, Inc. , entered into a contract for garbage collection, and WHEREAS, the City and Round Rock Refuse, Inc. desire to amend said contract, 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 an amendment to the October 1, 1990 contract between the City and Round Rock Refuse, Inc. , said amendment being attached hereto and incorporated herein for all purposes. RESOLVED this 26th day of September, 1991. - ?nle 41 MIKE ROBINSON, Mayor City of Round Rock, Texas ATTEST: JOANN LAND, City Secretary j RS09261E EXECUTED DOCUMENT FOLLOWS First Amendment To Refuse Collection Contract This First Amendment To Refuse Collection Contract ("Amendment") is entered into effective as of September 26, 1991, by and between the City of Round Rock, Texas ("City") and Round Rock Refuse, Inc. , ("Contractor") . Whereas, that certain Refuse Collection Contract was executed by the City and Contractor as of October 1, 1990; and Whereas, City and Contractor desire to amend the Refuse Collection Contract as provided below; Now Therefore, for and in consideration of Ten 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 4. paragraph C. is hereby amended to read as follows: C. Holidays - Contractor shall not be required to collect refuse on the following holidays: New Years Day, July 4th, Thanksgiving and Christmas. II. 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: $6.20 per unit per month for senior citizen residential customers. $7. 00 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. GCFATRCC r III. Article 11. is hereby amended to read as follows: Article 11. Billing and Collection The City will be responsible for billing and collecting of refuse accounts. The City will pay the Contractor for services rendered before the end of the month following the month of collection. Said billing and payment shall be based on the rate provided herein multiplied by total number of units being served. The City shall set, by ordinance, the rates to be charged for the collection and disposal of refuse and for the City's cost of billing, collection, and administration. This rate may be amended from time to time at the City's discretion. Monthly payments to the Contractor shall be based on actual numbers of pick-ups for any unit not receiving a full month's service. The City shall under no circumstances be required to pay more than the cost of the standard City service under the contract, however, should any customer default in paying its share of the cost of the service actually provided, the Contractor shall not be required to continue any service to such customer until proper remedy of the default. IV. To the extent necessary to effect the terms and provisions of this 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. By. /16 - Richard Butler , President (typed name) 2. CITY OF ROUND ROCK By: a�,� Y ATTEST: Mike Robinson, Mayor 4J nne Land, City Secretary 3 .