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R-13-12-05-H10 - 12/5/2013RESOLUTION NO. R -13-12-05-H10 WHEREAS, the City of Round Rock, ("City") and Round Rock Refuse, Inc., ("Contractor") entered into that one certain Amended and Restated Refuse Collection Contract, (the "Contract") which was dated October 14, 2010; and WHEREAS, Section 21 of the Contract provides that 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 inflation and other factors listed in said Section 21; and WHEREAS, Contractor has petitioned the City for such a rate adjustment, a copy of such petition being attached hereto as Exhibit "A"; and WHEREAS, the City has reviewed the petition and has determined that the request is reasonable and that the Contractor is entitled to a reasonable adjustment to the Residential Services Rate as set forth in the Amendment to Residential Services Rate with Round Rock Refuse, Inc. (Effective January 1, 2014), attached hereto as Exhibit "B"; 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 With Round Rock Refuse, Inc. (Effective January 1, 2014), attached hereto as Exhibit "B". 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. 0112.1304; 00287459 RESOLVED this 5th day of December, 2013. COfrY1 k -- ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: 5y4i/of KAkbf7- SARA L. WHITE, City Clerk OUND OCK .L \ EF SE Residential Waste Disposal July 31, 2013 To: Michael Thane Director of Utilities City of Round Rock, TX From : Michael Lavengco General Manager Round Rock Refuse RE: Annual Adjustment and Petition 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 for our existing contract. Please see the attached worksheet that reflects a proposed 2.34% 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! EXHIBIT „A„ (512) 255-4980 • FAX (512) 243-2283 • P.O. Box 18684 • Austin, TX 78760 1103 Martin Avenue • Round Rock, TX 78681 Round Rock Residential Rate Breakdown cie Landfill & Recycling: 00 E 0 L E 0 ▪ CL .O M C.- N M OCU M vO M ,--. NL lz l: cam. bA Gzr O O 4 O N N Q _ - U E l' N 0 c) N M C CL IT CV L O X L ▪ N N N a E co C O O C O H cd O H. E. oc CCG r-- M G O o vi 0 0 • 6CA 71- 4 cn N ▪ ¢ • 69 �_ U `O (....i. r - "CS 0 E O L M vi > O 0 t— 69 N X 64 C: N 0 c II To O� �too CA • bA 11 oN a, t\ r'CS pe M M O N 00 ^ a OI 69 69 69 69 N -J N O o 0 X '--,M 0 ,c,c� e. 0.0 cctr.; r 00 bA o O 6N a1 O X p X X >, (.0;i-> '73 in M +` +' E O `-' O in 00 C± O _ 0) X c. -;.7t - O, 00 _N OU 4-' 4"' 69 69 69 ti)'O O 0!) O O 0)) > t- C Q CA c - < ° • 69 w c 00 L �, z CL. 5 a E 5 >, -a E o E '64O p M p O p cu 0 0 CLQ E - [i .moi cc Q > F— c]... Ce Li CG 00 trlit M Average Monthly Tonnage rg. li T AMENDMENT TO RESIDENTIAL SERVICES RATE WITH ROUND ROCK REFUSE, INC. (Effective January 1, 2014) EXHIBIT This Amendment to the Residential Services Rate set forth in the Amended and Restated Refuse Collection Contract ("Amended and Restated Contract") between the City of Round Rock, Texas and Round Rock Refuse, Inc., hereinafter called "Rate Amendment," is made by and between the City of Round Rock, a Texas home -rule municipal corporation (the "City"), and Round Rock Refuse, Inc. (the "Contractor"). WHEREAS, on October 14, 2010, the City and Contractor entered into an Amended and Restated Contract; and WHEREAS, Section 20, "Residential Services Rate," of the Amended and Restated Contract sets forth a formula for calculating the Residential Services Rate; and WHEREAS, pursuant to Section 21 of the Amended and Restated Contract, Contractor petitioned the City on July 31, 2013, for a rate adjustment, a copy of such petition being attached hereto as Exhibit "A"; and WHEREAS, the parties agree that commencing January 1, 2014, 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 $14.23, and is calculated as follows: Fuel Component: (i) The previous twelve month average fuel consumption equals 7,673 gallons; (ii) The Cost of Fuel [DEO Diesel Fuel Price index less a 5% discount for volume purchases] per gallon equals $3.56; (iii) The total number of residential service units is 28,743. Formula: (7,673 gallons) X ($3.56 per gallon) / (28, 743 units) equals $0.95. 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 3,058; 00287377/ss2 (ii) The actual disposal cost per ton of Municipal Solid Waste equals $27.96/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 487; (iv) The actual disposal/delivery cost per ton of Recyclable Material equals $25.36/ton; (v) The total number of Residential Service Units is 28,743. Formula: (3,058 tons) X ($27.96/ton) + (487 tons) X ($25.36/ton) / (28,743 units) equals $3.40. Operations, Overhead and Profit Component: The Operations, Overhead and Profit Component is $9.88. Total Residential Services Rate: (i) Fuel Component $0.95 (ii) Disposal Component $3.40 (iii) Operations, Overhead and Profit Component $9.88 Total Residential Services Rate $14.23 2. This Rate Amendment only amends the Residential Services Rate and except as amended hereby, the Amended and Restated Contract and any Amendments to the Amendment and Restated Contract remain 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 Round Rock Refuse, Inc. on the dates indicated. CITY: ROUND ROCK REFUSE, INC.: City of Round Rock ALAN MCGRAW, Mayor Date: ATTEST: SARA WHITE, City Clerk Approved as to form: STEPHAN L. SHEETS, City Attorney Name: Title: Date: 3 'ROUND ROCK, TEXAS PURPOSE. PSAIOrt PROSPERITC City of Round Rock Agenda Item Summary Agenda Number: H.10 Title: Consider a resolution authorizing the Mayor to execute an Amendment to Residential Services Rate in the refuse collection contract with Round Rock Refuse, Inc. Type: Resolution Governing Body: City Council Agenda Date: 12/5/2013 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: Indexes: Utility Fund Attachments: Resolution, Exhibit A, Rate Worksheet Department: Utilities and Environmental Services Text of Legislative File 13-977 On August 26, 2010, the City Council approved an amendment to the City Ordinance regarding the implementation of a comprehensive solid waste management and recycling program. The City has successfully worked with Round Rock Refuse since 1987 for these services. The contract states that Round Rock Refuse may petition the City for reasonable adjustments to the Residential Services Rate based on changes in the Fuel Cost Component, Landfill Cost Component, and/or Operations, Overhead, and Profit Component. Round Rock Refuse has petitioned for an increase in the Landfill Cost Component and the Operations, Overhead, and Profit Component for their rate. Their petition calls for a decrease in the Fuel Cost Component. The City has reviewed the petition and has determined that the request is reasonable and that the Round Rock Refuse is entitled to a reasonable adjustment to the Residential Services Rate. The increase is from $13.90 to $14.23 per residential unit per month. Staff recommends approval. City of Round Rock Page 1 Printed on 12/3/2013 EXECUTED ORIGINAL DOCUMENIS FOLLOW AMENDMENT TO RESIDENTIAL SERVICES RATE WITH ROUND ROCK REFUSE, INC. (Effective January 1, 2014) This Amendment to the Residential Services Rate set forth in the Amended and Restated Refuse Collection Contract ("Amended and Restated Contract") between the City of Round Rock, Texas and Round Rock Refuse, Inc., hereinafter called "Rate Amendment," is made by and between the City of Round Rock, a Texas home -rule municipal corporation (the "City"), and Round Rock Refuse, Inc. (the "Contractor"). WHEREAS, on October 14, 2010, the City and Contractor entered into an Amended and Restated Contract; and WHEREAS, Section 20, "Residential Services Rate," of the Amended and Restated Contract sets forth a formula for calculating the Residential Services Rate; and WHEREAS, pursuant to Section 21 of the Amended and Restated Contract, Contractor petitioned the City on July 31, 2013, for a rate adjustment, a copy of such petition being attached hereto as Exhibit "A"; and WHEREAS, the parties agree that commencing January 1, 2014, 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 $14.23, and is calculated as follows: Fuel Component: (i) The previous twelve month average fuel consumption equals 7,673 gallons; (ii) The Cost of Fuel [DEO Diesel Fuel Price index less a 5% discount for volume purchases] per gallon equals $3.56; (iii) The total number of residential service units is 28,743. Formula: (7,673 gallons) X ($3.56 per gallon) / (28,743 units) equals $0.95. Disposal Cost Component: (i) 00287377/ss2 The monthly average of the number of tons of Municipal Solid Waste delivered to the Solid Waste Facility in the previous twelve months equals 3,058; 'Q--i3-�Z�I�tD (ii) The actual disposal cost per ton of Municipal Solid Waste equals $27.96/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 487; (iv) The actual disposal/delivery cost per ton of Recyclable Material equals $25.36/ton; (v) The total number of Residential Service Units is 28,743. Formula: (3,058 tons) X ($27.96/ton) + (487 tons) X ($25.36/ton) / (28,743 units) equals $3.40. Operations, Overhead and Profit Component: The Operations, Overhead and Profit Component is $9.88. Total Residential Services Rate: (i) Fuel Component $0.95 (ii) Disposal Component $3.40 (iii) Operations, Overhead and Profit Component $9.88 Total Residential Services Rate $14.23 2. This Rate Amendment only amends the Residential Services Rate and except as amended hereby, the Amended and Restated Contract and any Amendments to the Amendment and Restated Contract remain 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 Round Rock Refuse, Inc. on the dates indicated. CITY: City of Round Rock ALAN MCGRAW, Mayor Date:l. I ATTEST: SARA WHITE, City Clerk Appro = . as to orm: STEPHN L. SHEETS, City Attorney ROt\ D • 0 V K REFUSE, INC.: Arn Tit1- IL . Date: 116/1-5 13 3 E�UND OCK EFUSE Residential Waste Disposal July 31, 2013 To: Michael Thane Director of Utilities City of Round Rock, TX From : Michael Lavengco General Manager Round Rock Refuse RE: Annual Adjustment and Petition 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 for our existing contract. Please see the attached worksheet that reflects a proposed 2.34% 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! EXHIBIT "A" (512) 255-4980 • FAX (512) 243-2283 • P.O. Box 18684 • Austin, TX 78760 1103 Martin Avenue • Round Rock, TX 78681