R-2019-0096 - 2/14/2019 RESOLUTION NO. R-2019-0096
WHEREAS, the City of Round Rock ("City") and Central Texas Refuse, Inc. ("Contractor")
entered into that one certain Refuse Collection Contract ("Contract') on November 22, 201 whereby
the Contractor agreed to collect garbage, rubbish, refuse, and recyclable materials for residential
customers within the City; and
WHEREAS, at the time the Contract was executed, the City's recyclables were processed at
WILCO Recycling, owned and operated by a third party; and
WHEREAS,the Contractor is now the owner and operator of WILCO Recycling; and
WHEREAS, the City and the Contractor desire for the Contractor to process, package and
market the recyclable materials for conversion into useful products at WILCO Recycling; and
WHEREAS,the City and the Contractor desire to enter into Amendment No. 1 to the Contract
to include the processing, packaging and marketing of recyclable materials, 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 Amendment
No. I to the Refuse Collection Contract Between City of Round Rock, Texas and Central Texas
Refuse, 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.
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RESOLVED this 14th day of February, 2019.
CRAIG M RJRTexas
ayor
City of Round
ATTEST:
SARA L. WHITE, City Clerk
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EXHIBIT
„A»
AMENDMENT NO. 1
TO THE REFUSE COLLECTION CONTRACT
BETWEEN CITY OF ROUND ROCK,TEXAS
AND CENTRAL TEXAS REFUSE,INC.
This Amendment No. 1 to the Refuse Collection Contract between the City of Round
Rock, Texas and Central Texas Refuse, Inc., hereinafter called "Amendment No. I" 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,the City and Contractor entered into one certain Refuse Collection Contract
on November 22, 2016 whereby Contractor agreed to collect garbage, rubbish, refuse, and
recyclable materials for residential customers within the City(the"Contmco;and,
WHEREAS, at the time the Contract was executed, the City's recyclables were
processed at WILCO Recycling,owned and operated by a third party; and,
WHEREAS,the Contractor is now the owner and operator of WILCO Recycling; and,
WHEREAS, the City and the Contractor desire for the Contractor to process, package
and market the recyclable materials for conversion into useful products at WILCO Recycling;
and,
WHEREAS, it has become necessary to amend the Contract to include the processing,
packaging and marketing of recyclable materials;and,
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 that said Agreement is amended as follows:
AGREEMENT
1. In SECTION 2: DEFINITIONS, the definition of"Recyclable Material Facility" shall
be amended to read:
Recyclable Material Facility—WILCO Recycling,a division of Central Texas Refuse.
2. SECTION 3: REPRESENTATIONS, Section 3.2 Representations by Contracts (u)
and(iv)shall be amended as follows:
(ii) The Contractor has obtained the necessary disposal capacity for Municipal Solid
Waste and Bulk Waste with a Solid Waste Facility and Recyclable Materials with
a Recyclable Material Facility, for the initial term of this Contract as set forth in
Section 5.2.1.
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(iv) The Contractor has obtained all applicable environmental and other governmental
permits, licenses and authorizations that are necessary for collection, processing
and marketing of Bulk Waste and Recyclable Materials.
3. SECTION 3: REPRESENTATIONS, Section 3.2 Representations by Contractor. (v)
and(ix)shall be deleted in their entirety.
4. SECTION 7: COLLECTION, DISPOSAL, AND PROCESSING LOCATION,
Section 7.3 Recyclable Material Processing Location and Tiooine Feeshall be
amended to read:
7.3. Recyclable Material Tipping Fee and Revenue Share
Payment
7.3.1 Tipping Fee
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marketing of the City's Reeyelable MateFiai and my tipping fee paid by the
6eplf%awF. During the term of this Agreement and any renewals, Contractor
agrees that the tipping fee for all Recyclable Material it delivers to the Recyclable
Material Facility shall not exceed the tipping fee charged at any Landfill utilized
by Contractor to dispose of Municipal Solid Waste and/or Bulk Waste.
7.3.2 Revenue Share Payment
hi the event Contractor recovers an average amount in excess of Ninety-Five
Dollars ($95.00) per ton in a calendar month from the sale of City's Recyclable
Material. Contractor shall pay City fifty percent (50%) of the revenues recovered
in excess of Ninety-Five Dollars($95.00).
Contractor shall have the absolute obligation to pay City each month for arty and
all processed Recyclable Material, in accordance with this Section 7.3.2. All
Payments by Contractor to City shall be made oavable to the City of Round Rock.
Texas, shall be tendered to City's designated representative. and shall accompany
corresponding statements from City and/or City's representative.
5. SECTION 10: COLLECTION AND PROCESSING EQUIPMENT, Section 10.2.
Disposal Facility and Recyclable Material Facilitv Eouipment, 10.2.1 Scales, shall be
amended as follows:
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10.2.1 Scales
The Contractor shall be solely responsible for ensuring the Disposal Facility and the
Recyclable Material Facility is are equipped with adequately sized truck scales and
computerized record-keeping systems for weighing and recording all incoming vehicles
transporting Solid Waste Materials and Recyclable Materials. Contractor shall separately
weigh,record, and tabulate each load from City.
Contractor shall document that each scale at the Disposal Facility and the Recyclable
Material Facility has been annually certified with the State and no later than December 1
of each Contract Year shall provideproof of certification to the City.
6. SECTION 10: COLLECTION AND PROCESSING EQUIPMENT, Section 10.2.
Disposal Facility and Recyclable Material Facility Eauioment, 10.2.2 Capacity and
Other Facility Equipment,shall be amended as follows:
10.2.2 Capacity and Other Facility Equipment
The Contractor shall be solely responsible for ensuring the Disposal Facility and the
Recyclable Material Facility has have the capacity and equipment to dispose of and/or
thoroughly process the quantity and type of materials collected by the Contractor in
connection with this Contract and in accordance with industry standards for managing
such materials.
7. SECTION 18: RECORDKEEPING, REPORTING, AUDITED FINANCIAL
STATEMENTS, AND REPORTING FORMAT, 18.1 Recordkeeping, (i), shall be
amended to read:
(i) Document Recyclable Material and Residential Solid Waste deliveries by time
delivered to facility, the Municipal Solid Waste disposal fee per ton�lre
Recyclable Material Facility processing cost per to and other information as
requested by the Contract Administrator.
8. SECTION 19: CITY INSPECTION RIGHTS, 19.2 City's Rights to Inspect
Facilities and Equipment, shall be amended to read:
The City or any of its duly authorized representatives shall have access to inspect
Contractor's facilities and facilities which receive the City's Municipal Solid Waste,
including the Disposal Facility, the Recyclable Materials Facility, and equipment and
perform such inspections, as City deems reasonably necessary, to determine whether the
services required to be provided to the Contractor under this Contract conform to the
terms hereof. City shall conduct the inspection of facilities and equipment during regular
hours of operation. Contractor shall make available to City all reasonable facilities and
assistance to facilitate the performance of inspections by City's representatives.
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9. Except as amended hereby, the Contract as originally written remains in fall force and
effect.
10. This Amendment No. l may be executed in multiple counterparts, which, when
combined together, shall constitute an original of this Amendment No. 1.
11. This Amendment No. 1,together with the Contract, embodies the entire agreement of the
parties hereto, and is binding upon and inures to the benefit of the parties to this
Amendment No. I and their respective heirs, executors, administrators, personal
representatives, legal representatives, successors and assigns and incorporates all
previous correspondence or communication, whether written or oral. The Amended
Contract, as amended hereby, can only be further modified or varied by written
instrument subscribed to by the parties hereto.
IN WITNESS WHEREOF, the City and the Contractor have executed this Amendment No. 1
to the Contract 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
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