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R-2018-5095 - 1/25/2018 RESOLUTION NO. R-2018-5095 WHEREAS, the City of Round Rock ("City") and Central Texas Refuse, Inc. dba "Round Rock Refuse" ("Contractor") entered into a Refuse Collection Contract (the "Contract"), pursuant to Resolution No. R-2016-3847; and WHEREAS, Section 205 "Residential Services Rate," of the Contract sets forth a formula for calculating the Residential Services Rate; and WHEREAS, pursuant to Section 21 of the Contract, Contractor petitioned the City on December 1, 2017, for a rate adjustment, a copy of such petition being Exhibit "A" to the Amendment to Residential Services Rate with Round Rock Refuse, Inc.; and WHEREAS, the City and Contractor agree that commencing January 1, 2018, the Residential Services Rate shall be amended as set forth in the Amendment to Residential Services Rate with Round Rock Refuse, Inc.; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, The City Council has determined that the Contractor's petition for an adjustment to the Residential Services Rate is reasonable and the Mayor is hereby authorized to execute the Amendment to Residential Services Rate with Round Rock Refuse, Inc. (Effective January 1, 2018), attached hereto as Exhibit "A". 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. 0112.1804;00392667 RESOLVED this 25th day of January, 2018. /" A /- CRAIG MO GA4ayor City of Ro nd Rockx1xas ATTEST: zwm' - M.h a" SARA L. WHITE, City Clerk 2 EXHIBIT „A„ AMENDMENT TO RESIDENTIAL SERVICES RATE WITH ROUND ROCK REFUSE,INC. (Effective January 1, 2018) This Amendment to the Residential Services Rate set forth in the Refuse Collection Contract between the City of Round Rock, Texas and Central Texas Refuse, Inc. (dba "Round Rock Refuse"), hereinafter called "Rate Amendment," is made by and between the City of Round Rock, a Texas home-rule municipal corporation (the "City"), and Central Texas Refuse, Inc. (the"Contractor"). WHEREAS, on November 22, 2016, the City and Contractor entered into a Refuse Collection Contract pursuant to Resolution No. R-2016-3847 (hereinafter the"Agreement"); and WHEREAS, Section 20, "Residential Services Rate, " of the Agreement sets forth a formula for calculating the Residential Services Rate; and WHEREAS, pursuant to Section 21 of the Agreement, Contractor petitioned the City on December 1, 2017, for a rate adjustment, a copy of such petition being attached hereto as Exhibit "A"; and WHEREAS, the parties agree that commencing January 1, 2018, the Residential Services Rate shall be amended as set forth herein. NOW THEREFORE, that for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the City and Contractor agree to amend the Residential Services Rate as follows: 1. In accordance with the formulas set forth Section 20. "Residential Services Rate, " the Residential Services Rate is agreed to be $15.86, and is calculated as follows: Fuel Component: (i) The previous twelve(12) month average fuel consumption equals 16,016 gallons; (ii) The Cost of Fuel [DEO Diesel Fuel Price index ($2.33)less a 5% ($0.12) discount for volume purchases]per gallon equals $2.21; (iii) The total number of residential service units is 29,556. Formula: (16,016 gallons)X($2.21 per gallon)/(29,556 units) equals $1.20. Disposal Cost Component: (i) The monthly average of the number of tons of Municipal Solid Waste delivered to the Solid Waste Facility in the previous twelve months equals 3,519; 00392259/ss2 i (ii) The actual disposal cost per ton of Municipal Solid Waste equals $32.80/ton; (iii) The monthly average of the number of tons of Recyclable Material delivered to the Recyclable Material Facility over the previous twelve months equals 522; (iv) The actual disposal/delivery cost per ton of Recyclable Material equals $25.36/ton; (v) The total number of Residential Service Units is 291,556. Formula: (3,519 tons)X($32.80/ton) + (522 tons)X($25.36/ton)/(29,556 units) equals $4.35. Operations, Overhead and Profit Component: The Operations, Overhead and Profit Component is $10.31. Total Residential Services Rate: (i) Fuel Component $1.20 (ii) Disposal Component $4.35 (iii) Operations, Overhead and Profit Component $10.31 Total Residential Services Rate $15.86 2. This Rate Amendment only amends the Residential Services Rate and except as amended hereby, the Agreement remains in full force and effect. [Signatures appear on the following page.] 2 IN WITNESS WHEREOF, the City and the Contractor have executed this Amendment to the Residential Services Rate with Central Texas Refuse, Inc. on the dates indicated. CITY: CENTRAL TEXAS REFUSE,INC.: City of Round Rock CRAIG MORGAN, Mayor Name: Date: Title: ATTEST: Date: SARA WHITE, City Clerk Approved as to form: STEPHAN L. SHEETS, City Attorney 3 December 1,2017 To: Michael Thane Utilities and Environmental Services Director City of Round Rock 2008 Enterprise Drive Round Rock,TX 78664 From: Michael E.Lavengco General Manager Central Texas Refuse/Round Rock Refuse RE: Annual Adjustment First of all,let me thank you and the City of Round Rock for allowing Round Rock Refuse the opportunity to be your provider for the past many years. It has been a pleasure working with you and your TEAM to provide what we believe to be an exceptional waste and recycling collection service. We also appreciate the partnership we have forged over the years with the administration,staff,and citizens of Round Rock. Once again,we are approaching the annual review and adjustment period of our existing contract. Please see attached worksheets that reflect a proposed 9.37%adjustment. Thank you again for your consideration and attention to this matter. I look forward to our continued working relationship for many years to come! Sincerer; M chael E.Lavepg Exhibit "A" t PO.Bax 18685 office 612-243-2833 Austin,TX 78760 fax 512-243-2283 www.contrattexasrefuse.com