Contract - Central Texas Refuse, Inc. - 2/14/2019 (2) i
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. 1" 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"Contract'); 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 Contractor,(ii).
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 Tipping Fee, shall be
amended to read:
7.3. Recyclable Material Preeessine r _vette.. Tipping Fee and Revenue Share
Payment
7.3.1 Tipping Fee
Contfae4aF shall. delivff all Reeyelable Mate-:al., eollectea . a Resyslable_
Niatenal Faeility and shall pay the tipping fee to the Roeyelable Mawial Fasilit5
tit
_ u .,t f,.t4 : a Separate e8atFaet between the city and the Roeyelable
Material Faoilit
nmscr.vr-.-no...�.
separate -wmmorwith upeeyOIYue aeter.vl Fasirtlit, for the _v,,. . :b and
marketingof the C.ty's Ree elable Mate.:a and atipping fee paid by the
Eeatraf. During the tern 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 finning fee charged at any Landfill utilized
by Contractor to dispose of Municipal Solid Waste and/or Bulk Waste.
7.3.2 Revenue Share Payment
In 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 nay City each month for any and
all processed Recyclable Material, in accordance with this Section 7.3.2. All
payments by Contractor to City shall be made payable 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 Facility Equipment, 10.2.1 Scales, shall be
amended as follows:
2
a
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 Faciliri has been annually certified with the State and no later than December 1
of each Contract Year shall provide proof of certification to the City.
6. SECTION 10: COLLECTION AND PROCESSING EQUIPMENT, Section 10.2.
Disposal Facility and Recyclable Material Facility Eauipment, 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, the
Recyclable Material Facility processing cost per ton, 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 Faciliri, 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.
3
9. Except as amended hereby, the Contract as originally written remains in full force and
effect.
10. This Amendment No. 1 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. 1 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 h RG ayor
arae: 1 cv
Date: 2.1 k
Title. p
ATTEST:
Date:
LWV '
SARAW H�ITE, City Clerk
App, ved as to form* -
S EPjHfN"L. SHEETS, City Attorney
4
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loll
Complete Nor.1-4 and 5 if there are interested Parties. OFFICE USE ONLY
Complete Nos.1,2.3.5,and 6 it there we no interested parries. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of Me business entity's place Cellifjcale Number:
of business. 2019448955
Round Rock Refuse,Inc.
Austin,TX United States Date Filed:
Name of goeemmental entity or state agency that is a party to the contract for which the form Is 02/05/2019
being filed.
City of Round Rock Date Acknowledged:
02/13/2019
3 Provide the identification number used by the governmental entry or state agency to/rack or identity the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
20190204 3RRR
Recycling and Solid Waste Disposal Services Agreement.
4 Nature of interest
Name of Interested Party City,Store,Country(place of business) (check applicable)
Controlling Intermediary
Bracher,Ben Austin,TX United States X
Laverl Mike Austin,TX United States X
5 Check only if there is NO Interested Parry. ❑
6 UNSWORN DECLARATION
My name's and my date of bind is
My address is
(street) (dry) (daml tap coda) (county)
I declare under penalty of perjury that the foregoing is true and correct
Executed in County, State of ,on the_day of ,20
(month) (year)
Signature of authorized agent of contracting business enhry
loedamng
Forms provided by Texas Ethics Commission Www.ethics.state.N.us Version V1.1.28ab6150
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loft
Complete Nos.1-4 and 6 if mere are interested parties OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no Interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certifiuts Number:
of business. 2019-048955
Round Rock Refuse, Inc.
Austin,TX United States Data Fifa:
2 Name of governmental entity or state agency that is a party to the convect for which the form is 02/00019
being filed.
City of Round Rock Date Acknowledged.
3 provide the identification number used by the governmental entity or state agency to track or Identity the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
20190204 3RRR
Recycling and Solid Waste Disposal Services Agreement.
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Bracher,Ben Austin,TX United Slates %
Lavengco,Mike Austin,TX United States %
5 Check only ifthere is NO Interested Pally. ❑
6 UNSWORN DECLARATION
My name i5 COLI and my date of birth is IAI is Il4&
Myadmessis P.O.ROY \R(.5<' AvJ.,, . .'P11 '7 V 6n LqA-
Otmep (oM) (able) top eves) (000nay)
I declare under penalty of perjury that the foregoing is me and correct. <7� ''te�aa
Executed in "t"eewh S County, Tes
, State of c</ on the day of ,201.
'�",a�
Signature of authorized agent of contracting business entity
(oecb ming
Forms provided by Texas Ethics Commission wwov ethics.stale.N.us Version V1.1.28ab6150