R-2019-0377 - 9/26/2019 RESOLUTION NO. R-2019-0377
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, 2016 whereby
Contractor agreed to collect garbage, rubbish, refuse, and recyclable materials for residential customers
within the City; and
WHEREAS, the parties executed an Amendment No. 1 to the Contract on February 14, 2019
whereby recycling services were added to the Contract; and
WHEREAS, the City has established a Downtown Commercial District for the purpose of
streamlining the disposal and collection of refuse and recyclables for businesses located within the
District; and
WHEREAS, the City and Contractor desire to enter into Amendment No. 2 to the Contract to
amend the scope of services to include refuse and recycling services for the Downtown Commercial
District,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. 2 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.
0112.1902;00470797
RESOLVED this 26th day of September, 2019.
M /
CRAIG M RG , Mayor
City of Round R k, Texas
ATTEST:
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EXHIBIT
It p
AMENDMENT NO.2
TO THE REFUSE COLLECTION CONTRACT
BETWEEN CITY OF ROUND ROCK,TEXAS
AND CENTRAL TEXAS REFUSE,INC.
This Amendment No. 2 to the Refuse Collection Contract between the City of Round
Rock, Texas and Central Texas Refuse, Inc., hereinafter called "Amendment No. 2" 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, the parties executed an Amendment No. 1 to the Contract on February 14,
2019 whereby recycling services were added to the Contract; and
WHEREAS, the City has established a Downtown Commercial District for the purpose
of streamlining the disposal and collection of refuse and recyclables for businesses located
within the District; and
WHEREAS, the parties desire to amend the scope of services of the Contract to include
refuse and recycling services for the Downtown Commercial District;
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 definitions of"Downtown Commercial District",
"Downtown Commercial District Containers", "Downtown Commercial District
Customer", "Downtown Commercial District Services" and "Downtown Commercial
District Services Rate"shall be added to read:
Downtown Commercial District — Downtown Commercial District shall mean all
business located in Block 10, Block 21, and Block 22 of the original plat of
Round Rock.
Downtown Commercial District Containers–Downtown Commercial District Containers
shall mean the dumpsters for the disposal of Municipal Solid Waste and the
dumpsters for the disposal of Recyclable Material located in the Downtown
Commercial District. There shall be one dumpster for the disposal of Municipal
Solid Waste and one dumpster for the disposal of Recyclable Material located on
each block of the Downtown Commercial District for use by the Downtown
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Commercial District Customers. The Downtown Commercial District Containers
shall be located within a locked enclosure.
Downtown Commercial District Customer — Downtown Commercial District Customer
shall mean any business located within the Downtown Commercial District that
produces Solid Waste and/or Recyclable Materials.
Downtown Commercial District Services — Downtown Commercial District Services
shall mean Municipal Solid Waste Services, Bulk Waste Services, and Recycling
services for the Downtown Commercial District pursuant to this Contract.
Downtown Commercial District Services Rate — Downtown Commercial District
Services Rate shall mean the sum of money per Downtown Commercial District
Customer paid each month by the City to the Contractor for the provision of
Downtown Commercial District Services as set forth herein.
2. In SECTION 2: DEFINITIONS, the definition of "Municipal Solid Waste" shall be
amended to read as follows:
Municipal Solid Waste — Municipal Solid Waste shall mean Solid Waste resulting from
or incidental to activities of Residential Services Units, City Facilities., aad City
Events, Downtown Commercial District and Construction and Demolition
activities, including Garbage and Rubbish. Municipal Solid Waste shall not
include Hazardous Waste and Special Waste.
3. SECTION 4: GRANT OF FRANCHISE, shall be amended to add(iv)as follows:
City hereby grants Contractor for the term of this Contract, including any automatic
renewals, as defined in Section 5 unless sooner terminated, the right, privilege, and
franchise to have, use and operate Residential Services and City Facility Services; and to
have, use and operate its vehicles on, over, and along, and across the present and future
streets and alleys. The City grants the Contractor the exclusive right, privilege, and
franchise to have, use and operate:
(i) Municipal Solid Waste Services, Bulk Waste Services, and Recycling
Services for Residential Service Units,
(ii) Municipal Solid Waste Services and Bulk Waste Services for City
Facilities,
(iii) Municipal Solid Waste Services and Recycling Services for City Events,
and
(iv) Municipal Solid Waste Services, Bulk Waste Services, and Recycling
Services for the Downtown Commercial District.
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4. SECTION 6: MUNICIPAL SOLID WASTE SERVICES, BULK WASTE
SERVICES AND RECYCLING SERVICES, shall be amended to add Section 6.3 as
follows:
6.3 Municipal Solid Waste Services, Bulk Waste Services and Recycling Services
for the Downtown Commercial District
Contractor shall provide the Downtown Commercial District Services. Contractor
and City shall mutually decide on the number and size of Downtown Commercial
District Containers. In addition, Contractor and City shall mutually decide on the
frequency and scheduled days. If a dispute arises concerning Downtown
Commercial District Services, Contract Administrator shall at its sole discretion
determine a resolution of the disputed issue.
5. SECTION 7: COLLECTION, DISPOSAL, AND PROCESSING LOCATION, shall
be amended to add 7.1.3 as follows:
7.1. Collection Location
7.1.3 Downtown Commercial District Services
The Contract Administrator shall designate the locations for the collection of
Municipal Solid Waste and Recyclable Material in the Downtown Commercial
District.
6. SECTION 8: COMINGLING OF RESIDENTIAL SERVICES MATERIALS AND
DISPOSAL OF RECYLABLE MATERIALS PROHIBITIED, shall be amended as
follows:
8.1 ComminalinlZ of Residential Services Materials Prohibited
The Contractor shall not commingle Municipal Solid Waste, Bulk Waste, and/or
Recyclable Materials from Residential Services, City events,and City Facilities.,
and the Downtown Commercial District with materials from outside the City
except when approved in writing by the Contract Administrator.
7. SECTION 10: COLLECTION AND PROCESSING EQUIPMENT, shall be
amended as follows:
10.1 Collection Equipment
10.1.1 Collection Vehicles
10.1.1.3 Purchase, Operation, Maintenance, Storage and
Replacement of Collection Vehicles
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Contractor, at its sole cost, shall purchase, operate, maintain, store and
replace all collection vehicles as required for the provision of Residential
Services., aFA City Facility Services and Downtown Commercial District
Services. Contractor shall maintain collection vehicles according to
industry standards including, but not limited to,prevention of leakage, and
other industry standard performance requirements.
10.1.3 Other Collection Equipment
10.1.3.2 Purchase, Operation, and Maintenance of Other Collection
Equipment
The Contractor shall, at its sole cost, purchase, install and maintain the
Downtown Commercial District Containers.
Unless otherwise stated in this Contract, Contractor, at its sole cost, shall
purchase operate,and maintain collection equipment.
The Contract Administrator, at his/her sole discretion, shall determine
whether the Contractor is or is not properly maintaining the collection
equipment. If the Contract Administrator determines the Contractor is not
properly maintaining the collection equipment, Contractor shall replace
such equipment in accordance with this Contract.
8. SECTION 13: HOLIDAYS, shall be amended as follows:
For purposes of this Contract, holidays shall include only the following:
(i) New Year's Day
(ii) Thanksgiving Day; and
(iii) Christmas Day.
The Contract Administrator, at his/her sole discretion, may add or delete holidays. If the
Contract Administrator elects to add or delete holidays, the City will provide the
Contractor notice in accordance with the provisions of this Contract. If a holiday occurs
on a scheduled collection day for Residential Services, Contractor shall perform the
scheduled collection for the holiday and the remainder of the week ending on Friday on
the next calendar day after the scheduled collection day. If a holiday occurs on a
scheduled collection day for City Facility Services or Downtown Commercial District
Services, the Contractor shall perform the scheduled collection for such City Facility or
the Downtown Commercial District on the next calendar day after the holiday.
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9. SECTION 12: HOURS OF OPERATION, shall be amended by amending 12.1.2 and
adding 12.1.3 as follows:
12.1. Collection Hours of Operation
12.1.2 City Facility
Contractor's regular collection hours for City Facility Services within 300 feet of
a residential area shall be from 7-40 6:30 a.m. until &A9 6:30 p.m., Manday
streetS feF thiS designated area pr-ief to 7:00 a.m. or-after-8-00 p.m.
12.1.3 Downtown Commercial District
Contractor's regular collection hours for Downtown Commercial District Services
shall be as agreed upon by the Contract Administrator and the Contractor.
10. SECTION 20: RESIDENTIAL SERVICES RATE, shall be amended by amending the
section heading and adding 20.7 as follows:
SECTION 20: RESIDENTIAL SERVICES RATE; DOWNTOWN
COMMERICAL DISTRICT RATE
20.7 Downtown Commercial District Services Rate
The Downtown Commercial District Services Rate is the sum money per
Downtown Commercial District Customer paid each month by the City to the
Contractor for the provision of Downtown Commercial District Services. The
Downtown Commercial District Services Rate determined based on the business
classification of the Customer and the square footage of the business and is
calculated as follows:
Business Classification Sq.ft.Classification Service Rate per month
Small Office 6500 or less $32.00
Large Office 6501 or more $66.00
Small Retail and Services 3000 or less $66.00
Large Retail and Services 3001 or more $107.00
Small Restaurant 1600 or less $184.00
Medium Restaurant 1601-3000 $253.00
Large Restaurant 3001 or more $323.00
Small Bar 2500 or less $163.00
Large Bar 2501 or more $253.00
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The Contract Administrator shall determine the appropriate business classification
for each existing and each new Downtown Commercial District Customer. The
square footage of each business shall be determined by adding the total main
square footage to the total outdoor area square footage. Outdoor area square
footage shall include a covered or uncovered patio or any other outdoor space
utilized by customers. The Contract Administrator shall provide the business
classification and square footage of each business in the Downtown Commercial
District to the Contractor.
11. SECTION 22: CUSTOMER LIST, BILLING PAYMENT, shall be amended as
follows:
22.1 Customer List
From time to time, City shall provide Contractor with a Customer List for
Residential Services, and Facility Services and Downtown Commercial District
Services. Contractor will report in writing to the Contract Administrator any
Cart(s) or Bulk Waste placed at the curbside of a Residential Waste Service Unit,
of City Facility or a business located in the Downtown Commercial District that is
not on the then current Customer List, and Contract Administrator will thereafter
update the Customer List as applicable. Regardless of the Customer List,
Contractor shall provide services to all Residential Services Units, a4 City
Facilities and the Downtown Commercial District.
22.2 Billing
22.2.3 Downtown Commercial District Services
The City shall bill businesses located in the Downtown Commercial District as
identified on the Customer List for the Downtown Commercial District in
accordance with the rate structure established herein.
22.3 Payment
22.3.1 Payment to the Contractor
On or prior to the 15ah of each calendar month,the City shall pay to the Contractor
the Residential Services Rate for each Residential Unit and the Downtown
Commercial District Services Rate for each business located within the
Downtown Commercial District that has paid the City's fee for collection of
refuse and recycling services during the previous month.
12. Except as amended hereby, the Contract as originally written, along with Amendment
No. 1, remains in full force and effect.
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13. This Amendment No. 2 may be executed in multiple counterparts, which, when
combined together, shall constitute an original of this Amendment No. 2.
14. This Amendment No. 2, together with the Contract and Amendment No. 1, embodies the
entire agreement of the parties hereto, and is binding upon and inures to the benefit of the
parties to this Amendment No. 2 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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