R-11-09-22-11A2 - 9/22/2011EXECUTED
DOCUMENTS
FOLLOW
AMENDMENT NO. 1 TO THE
AMENDED AND RESTATED REFUSE COLLECTION CONTRACT
BETWEEN THE CITY OF ROUND ROCK, TEXAS, AND
ROUND ROCK REFUSE, INC.
This Amendment No. 1 (this "Amendment") is made by and between the City of Round Rock,
Texas, a home rule city located in Williamson County, Texas (the "City"), and Round Rock Refuse,
Inc., (the "Contractor") a Texas corporation. This Amendment is to that one certain Amended and
Restated Refuse Collection Agreement (the "Agreement") dated the 14th day of October, 2010, setting
forth the terms upon which Contractor would provide Municipal Solid Waste Services and Recycling
Services to the City. The City and Contractor now wish to amend the Agreement as provided in this
Amendment. Therefore, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the City and Contractor agree as follows:
1. AMENDMENT TO SECTION 6.1. Section 6.1 of the Agreement is amended by
adding a new subsection 6.1.4 which shall read as follows:
6.1.4 Dead Animal Disposal Services
When requested to do so by the City, Contractor agrees to collect and properly dispose of dead
animals. For animals weighing 50 pounds or less, City agrees to pay Contractor twenty-five dollars
($25.00) for the collection and disposal of such dead animal. For animals weighing more than 50 pounds,
City agrees to pay Contractor forty dollars ($40.00) for the collection and disposal of such dead animal.
Contractor agrees to separately bill the City on a monthly basis for the aforesaid service.
2. AMENDMENT TO SECTION 10.1.4. Section 10.1.4 of the Agreement is deleted and
replaced with the following:
10.1.4.1 Ownership of Collection Equipment and Carts
Ownership of collection equipment and Carts shall rest with the Contractor.
3. AMENDMENT TO SECTION 21. Section 21 of the Agreement is deleted and
replaced with the following:
SECTION 21: ADJUSTMENT OF THE RESIDENTIAL SERVICES RATE
21.1 Contractor's Petition
From time to time, the Contractor may petition the City for reasonable adjustments to the
Residential Services Rate based on increases in the Fuel Component, the Disposal Cost
Component, and/or the Operations, Overhead and Profit Component caused by increases in
inflation and/or also by other factors other than the three listed components such as increases in
cost caused by revised laws, ordinances, regulations, and for other similar reasons. The
Contractor's petition will specifically identify the reasons for the requested adjustment, and its
impact upon the Contractor's cost of operations, in unit terms, with an explanation of the
methodology used to calculate such impact. The City may request additional information it
considers necessary to evaluate the requested adjustment. The City shall not unreasonably refuse
to grant Contractor's petition for reasonable adjustments to the Residential Services Rate.
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21.2 City's Petition
From time to time, the City may petition the Contractor for reasonable adjustments to the
Residential Services Rate based on decreases in the Fuel Component, and/or the Disposal Cost
Component. The City's petition will specifically identify the reasons for the requested
adjustment. The Contractor may request additional information it considers necessary to evaluate
the requested adjustment. The Contractor shall not unreasonably refuse to grant City's petition for
reasonable adjustments to the Residential Services Rate.
4. DEFINED TERMS. All terms delineated with initial capital letters in this Amendment
that are defined in the Agreement have the same meanings in this Amendment as in the Agreement.
Other terms have the meanings commonly ascribed to them.
5. EFFECT OF AMENDMENT. Except as specifically provided in this Amendment, the
terms of the Agreement continue to govern the rights and obligations of the parties, and all terms of the
Agreement remain in full force and effect. If there is any conflict or inconsistency between this
Amendment and the Agreement, this Amendment will control and modify the Agreement.
6. EXECUTION; COUNTERPARTS. To facilitate execution, this Amendment may be
executed in any number of counterparts, and it will not be necessary that the signatures of all parties be
contained on any one counterpart. Additionally, for purposes of facilitating the execution of this
Amendment: (a) the signature pages taken from separate, individually executed counterparts of this
Amendment may be combined to form multiple fully executed counterparts; and (b) a facsimile signature
will be deemed to be an original signature for all purposes. All executed counterparts of this Amendment
will be deemed to be originals, but all such counterparts, when taken together, will constitute one and the
same instrument.
IN WITNESS WHEREOF, t
he�ndersigned parties have executed this Amendment on the dates
indicated below, to be effective the 41/V1 day of Lige—, 2011.
CITY:
City of Round Rock, Texas
By:
Alan McGraw, Mayor
Date: `•Z2*Ii
Attest:
9141AA--
Sara L.White, City Secretary
Appro a as to Form:
By.
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Steph. L. Sheets, City Attorney
CONTRACTOR
Round Rock Refuse, Inc.
By:
Ralph Rocco, General Manager
Date: /3 //
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