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R-08-06-26-10E1 - 6/26/2008RESOLUTION NO. R -08-06-26-10E1 WHEREAS, the City of Round Rock has previously entered into an Agreement with Philip Reclamation Services Houston, Inc. for Household Hazardous Waste Collection Activities/Waste Disposal Service ("Agreement"), and WHEREAS, Philip Reclamation Services Houston, Inc. has submitted Supplemental Agreement No. 2 to the Agreement to renew the contract term, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Philip Reclamation Services Houston, 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 Supplemental Agreement No. 2 to the Agreement for Household Hazardous Waste Collection Activities/Waste Disposal Service with Philip Reclamation Services Houston, 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. 0:\WDOX\RESOLUTI\R80626E1.DOC/rmc RESOLVED this 26th day of June, 2008. ATTEST: R,e,wce SARA L. WHITE, City Secretary 2 ALAN MCGRAW, Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: SUPPLEMENTAL AGREEMENT NO. 2 TO "CITY OF ROUND ROCK AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION ACTIVITIES / WASTE DISPOSAL SERVICE WITH PHILIP RECLAMATION SERVICES HOUSTON, INC. (a wholly owned subsidiary of PSC)" FIRM: Philip Reclamation Services, Houston, Inc. ("Vendor") ADDRESS: 4050 Homestead Road, Houston, Texas 77028 REFERENCE: Household Hazardous Waste Collection Activities This Supplemental Agreement No. 2 to "City of Round Rock Agreement for Household Hazardous Waste Collection Activities / Waste Disposal Service with Philip Reclamation Services Houston, Inc. (a wholly owned subsidiary of PSC)" is made by and between the City of Round Rock, Texas, hereinafter called the "City," and Philip Reclamation Services Houston, Inc., hereinafter called the "Vendor." WHEREAS, City and Vendor executed the referenced "City of Round Rock Agreement for Household Hazardous Waste Collection Activities / Waste Disposal Service with Philip Reclamation Services Houston, Inc. (a wholly owned subsidiary of PSC)", hereinafter called the "Agreement," on May 27, 2004; and WHEREAS, City and Vendor subsequently extended the Agreement by renewal for the first and second renewal terms, and such renewals were evidenced by letters of agreement; and WHEREAS, City and Vendor subsequently extended the Agreement by renewal for the third term, and such renewal was evidenced by Supplemental Agreement No. 1 dated June 14, 2007; and WHEREAS, it has become necessary to again extend the Agreement by renewal for the fourth and final renewal term; NOW THEREFORE, premises considered, City and Vendor agree that said Agreement is amended as follows: Section 2.01, Subsection B shall be amended as follows: B. The Contract Period of this Agreement shall be for twelve months from the Effective Date. Prices shall be firm for the duration of this Agreement, except as provided for herein. This Agreement may be renewed for four (4) additional twelve-month contract periods, provided both parties agree. Should Vendor not desire to renew this Agreement for any additional contract period, Vendor shall provide City with written notice one hundred twenty 00136320/jkg a a EXHIBIT HAn (120) days prior to expiration of the then current contract period. Should City not desire to renew this Agreement for any additional contract periods, City shall provide Vendor with written notice thirty (30) days prior to expiration of the then current contract period. This Supplemental Agreement No. 2 embodies the fourth and final renewal of twelve (12) months, following the expiration of the original term of twelve (12) months and the expiration of the first and second renewal terms of twelve (12) months which were evidenced by letters of agreement, and the expiration of the third renewal term which was evidenced by Supplemental Agreement No. 1, and extends the original Agreement as to time only with no other changes in terms or conditions of the original Agreement. IN WITNESS WHEREOF, City and Vendor have executed this Supplemental Agreement No. 2 in duplicate originals. PHILIP RECLAM By: Printed Name: Title: Date: VICE, HOUSTON, INC. 13 G is G y - / n8 14- "14- CITY 1ti CITY OF ROUND ROCK By: Printed Name: Title: Date: ATTEST: Sara L. White, City Secretary FO ' $ TY, • PPRO ED AS TO FORM: Vel • Stepha 1 L. Sheets, City At orney 2 10E1. - SUBSTITUTE BLUE SHEET DATE: June 19, 2008 SUBJECT: City Council Meeting—June 26, 2008 ITEM: *10E1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 for Household Hazardous Waste Collection Activities/Waste Disposal Service with Philip Reclamation Services Houston, Inc. Department: Staff Person: Justification: Water and Wastewater Utilities Michael D. Thane, Director of Utilities This is an annual contract for household hazardous waste transport and disposal services of materials collected from Round Rock residents. The contract includes waste characterization, packaging, transportation and disposal. Funding: Cost: $16,145 Source of funds: Operating Fund Outside Resources: Philip Reclamation Services Houston, Inc. (A Wholly Owned Subsidiary of PSC) Background Information: This is the fourth and final extension of the "City of Round Rock Agreement for Household Hazardous Waste Collection Activities/Waste Disposal Service" executed on May 27, 2004. The agreement may be extended for a total of four twelve-month contract periods. Public Comment: N/A Executed Document Follows THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: SUPPLEMENTAL AGREEMENT NO. 2 TO "CITY OF ROUND ROCK AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION ACTIVITIES / WASTE DISPOSAL SERVICE WITH PHILIP RECLAMATION SERVICES HOUSTON, INC. (a wholly owned subsidiary of PSC)" FIRM: Philip Reclamation Services, Houston, Inc. ("Vendor") ADDRESS: 4050 Homestead Road, Houston, Texas 77028 REFERENCE: Household Hazardous Waste Collection Activities This Supplemental Agreement No. 2 to "City of Round Rock Agreement for Household Hazardous Waste Collection Activities / Waste Disposal Service with Philip Reclamation Services Houston, Inc. (a wholly owned subsidiary of PSC)" is made by and between the City of Round Rock, Texas, hereinafter called the "City," and Philip Reclamation Services Houston, Inc., hereinafter called the "Vendor." WHEREAS, City and Vendor executed the referenced "City of Round Rock Agreement for Household Hazardous Waste Collection Activities / Waste Disposal Service with Philip Reclamation Services Houston, Inc. (a wholly owned subsidiary of PSC)", hereinafter called the "Agreement," on May 27, 2004; and WHEREAS, City and Vendor subsequently extended the Agreement by renewal for the first and second renewal terms, and such renewals were evidenced by letters of agreement; and WHEREAS, City and Vendor subsequently extended the Agreement by renewal for the third term, and such renewal was evidenced by Supplemental Agreement No. 1 dated June 14, 2007; and WHEREAS, it has become necessary to again extend the Agreement by renewal for the fourth and final renewal term; NOW THEREFORE, premises considered, City and Vendor agree that said Agreement is amended as follows: Section 2.01, Subsection B shall be amended as follows: B. The Contract Period of this Agreement shall be for twelve months from the Effective Date. Prices shall be firm for the duration of this Agreement, except as provided for herein. This Agreement may be renewed for four (4) additional twelve-month contract periods, provided both parties agree. Should Vendor not desire to renew this Agreement for any additional contract period, Vendor shall provide City with written notice one hundred twenty 00136320!jkg (120) days prior to expiration of the then current contract period. Should City not desire to renew this Agreement for any additional contract periods, City shall provide Vendor with written notice thirty (30) days prior to expiration of the then current contract period. This Supplemental Agreement No. 2 embodies the fourth and final renewal of twelve (12) months, following the expiration of the original term of twelve (12) months and the expiration of the first and second renewal terms of twelve (12) months which were evidenced by letters of agreement, and the expiration of the third renewal term which was evidenced by Supplemental Agreement No. 1, and extends the original Agreement as to time only with no other changes in terms or conditions of the original Agreement. IN WITNESS WHEREOF, City and Vendor have executed this Supplemental Agreement No. 2 in duplicate originals. PHILIP RECLAMf7PQ ERVICE, HOUSTON, INC. By: Printed Name: Title: Date: J0L.. (1144-- CITY OF ROUND RACK By: Printed Name: Title: Date: ATTEST: Sara L. White, City Secretary FO' C TY, APPROED AS TO FORM: L Stephan'L. Sheets, City Attorney 2