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R-94-01-27-9E - 1/27/1994Mayor Charles Culpepper Mayor Pro -(em Robert St(aka Council Members Rod Morgan Rick Stewart Earl Palmer Martha Chavez Jimmy Joseph City Manager Robert L. Bennett, Je City Attorney Stephan L. Sheets February 9, 1994 EcologyAction of Texas, Inc. c/o Bob Russell 210 Industrial Blvd. #8 Austin, TX 78745 Dear Mr. Russell: Resolution No. R- 94- 01 -27 -9E was approved by the Round Rock City Council on January 27, 1994. Enclosed is a copy of the resolution and the original agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, 4410c Joanne Land, Assistant City Manager/ City Secretary Enclosures THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512- 255 -3612 Fax 512- 255 -6676 1- 800 - 735 -2989 (TDD) 1- 800 -735 -2988 (Voice) RESOLUTION NO. R-94/ - DI- oS 7 96 WHEREAS, the CITY is responsible for solid waste services for its residents, and such solid waste contains recyclable material; and WHEREAS, the availability of landfill space is limited, and the recycling of solid waste reduces the need for landfill space and other disposal methods; and WHEREAS, the Solid Waste Disposal Act, Section 361.422 of the Texas Health & Safety Code, provides that it is the State's goal to achieve recycling of at least 40 percent of the State's total municipal solid waste; and WHEREAS, Ecology Action of Texas ( "EA ") provides recycling services and education, and is willing to enter into an agreement to provide those services to CITY; and WHEREAS, CITY desires to utilize EA's recycling and educational services, and is willing to enter into an agreement with EA for EA to provide those services; 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 an agreement with Ecology Action of Texas for recycling and educational services, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 27th day of January, 1994. KS/RESOLUTION RS01274E ATTEST: JO E LAND, City Secretary 2. CHARLES CULP =- ", Mayor City of Round ock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON of CITY; and KS/ROUNDROCK AORERECY RECYCLING SERVICES AGREEMENT between ECOLOGY ACTION OF TEXAS AND CITY OF ROUND ROCK, TEXAS § This AGREEMENT is made and entered into on this the pt1 - day 1994, between the City of Round Rock, Williamson, Texas, ( " CITY ") a municipal corporation and body politic with its principal office located at 221 East Main Street, Round Rock, Texas, and Ecology Action of Texas ( "EA "), a non - profit Texas Corporation with its principal offices located at 210 -B Industrial Boulevard, Austin, Travis County, Texas 78745. WITNESSETH: WHEREAS, the CITY is responsible for solid waste services for its residents, and such solid waste contains recyclable material; and WHEREAS, the availability of landfill space is limited, and the recycling of solid waste reduces the need for landfill space and other disposal methods; and WHEREAS, the Solid Waste Disposal Act, Section 361.422 of the Texas Health & Safety Code, provides that it is the State's goal to achieve recycling of at least 40 percent of the State's total municipal solid waste; and WHEREAS, EA provides recycling services and education, and is willing to enter into an agreement to provide those services to WHEREAS, CITY desires to utilize EA's recycling and educational services, and is willing to enter into an agreement with EA for EA to provide those services; NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, EA and the CITY agree as follows: I. EA shall provide and site for CITY one (1) self- contained recycling container to collect, at a minimum, aluminum cans, tin /steel cans, glass bottles and jars, plastic milk jugs and water jugs (translucent HPDE type), and plastic soft drink bottles (PET type). At EA's sole discretion, EA may provide and site self - contained recycling containers for other materials. EA will well - mark these containers with signs identifying which materials are acceptable, which are not, and what should be done with each material. II. CITY, at CITY's expense, shall provide an appropriately paved location at which to site recycling container. CITY shall be responsible for all land rights necessary for said location, and shall provide for access to EA, its employees, contractors and agents. EA shall provide to CITY, for CITY's distribution, literature and educational materials to inform local citizens of how to use the center and why using it is helpful to their community and the environment: at least one program announcement flier per local 2. household and one educational item per classroom for local schools. An EA representative shall make a minimum of one initial local public appearance to announce and promote the program and to provide training session for local volunteers, and at least two additional appearances for each year that this agreement is in effect. N. CITY is responsible for site operations, maintenance and clean -up and will notify EA in writing or by telephone when the container is in need of a pick -up. EA will provide pick -up within two (2) working days after each notification. EA will provide ongoing advice for CITY in organizing and sustaining a local volunteer group to help with site maintenance. V. A. CITY shall pay EA at the address in paragraph IX by the 15th day of each month for the services provided in the previous month, according to the following designated options of the City: V ( a fixed monthly service charge of $300.00 (with two pulls per month average, subject to adjustment if EA determines that loads are significantly more frequent or contaminated), or; a fixed monthly service charge of $150.00 plus $75.00 per pull. B. If EA determines that a load is contaminated, a penalty may be added to the pull fee. A load is "contaminated" if any compartment has more than five (5) percent extraneous materials by volume, or any prohibitive contaminants such as motor oil. 3. C. EA may, without prior notice, suspend service to the CITY, or terminate this AGREEMENT if CITY is over thirty days late in its payments to EA. VI. Either party may terminate this AGREEMENT upon thirty (30) days written notice to the other party. EA shall be compensated on a pro rata basis for all work performed prior to the termination. All rights, duties, liabilities, and obligations accrued prior to termination shall survive termination. VII. This AGREEMENT constitutes the entire agreement of the parties and supersedes any prior understanding or oral or written agreements between the parties regarding recycling services. No other agreement, statement or promise that is not contained in this AGREEMENT shall be binding except by written modification signed by both parties. Neither party may unreasonably withhold consent to written amendments or modifications of this AGREEMENT. VIII. Should any one or more provisions of this AGREEMENT be held void, voidable, or for any reason whatsoever of no force and effect, such provision(s) shall be construed as severable from the remainder of this AGREEMENT and shall not affect the validity of all other provisions of this AGREEMENT, which shall remain in full force and effect. IX. All notices and communications under this AGREEMENT are effective upon actual receipt by the other party, unless delivery 4. is through U.S. mail, in which case notices shall be the earlier of actual receipt of three (3) days following delivery to the U.S. Postal System. All notices and communications under this AGREEMENT to be delivered to either party shall be sent to the following addresses and persons, unless and until the other party is notified in writing of a change: TO EA: Ecology Action of Texas 210 -B Industrial Boulevard Austin, Texas 78745 ATTENTION: Scott Beaver, Executive Director TO CITY: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 ATTENTION: Bob Bennett, City Manager X. It is agreed and understood that EA may use subcontractors in its performance of this AGREEMENT, and that no additional prior approval of CITY is necessary for EA to hire subcontractors to assist in performance of EA's duties under this AGREEMENT. XI. EA represents that no CITY officer, employee, or agent has been compensated in any way with respect to this AGREEMENT and its consideration by CITY. In no event will EA pay a fee to, or in any other manner compensate CITY officers, employees, or agents in connection with the approval or performance of this AGREEMENT. A breach under this paragraph shall result in automatic termination of this AGREEMENT. 5. The validity of this AGREEMENT and any of its terms or provisions, as well as the rights and duties hereunder, shall be governed by the laws of the State of Texas. All amounts due under this AGREEMENT, including damages for its breach, shall be paid in Williamson County, Texas, said Williamson County, Texas being the place of performance as agreed to by the parties to this AGREEMENT. In the event any legal proceeding is brought to enforce this AGREEMENT or any provision hereof, the same shall be brought in Williamson County, Texas. XIII. The term of this agreement shall be for a period of one year from the day and date first written above. This agreement may be extended by signed consent of both parties for additional periods of one year each. In witness whereof, the parties acting under authority of their respective governing bodies have caused this AGREEMENT to be executed in several counterparts, each of which is deemed to be an original and as of the date and date first written above. CITY 'F ROUND ROCK ATTEST: NNE LAND, City Secretary 6. CHARLES CULP P: �r Mayor A ' EST: SHELLIE EOTT, Secretary Board o Directors, Ecology action of Texas 7. ECOLOGY ACTION OF TEXAS i SCOTT / BEAVER, Executive D3rPr•tnr � 00 6 ��✓dz' 9 �� 6eh6, ,/ 4 DATE: January 25, 1994 SUBJECT: City Council Meeting, January 27, 1994 ITEM: 9E. Consider a resolution authorizing the Mayor to enter into an agreement with Ecology Action of Texas to provide recycling services. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Please see the attached agreement regarding Ecology Action taking over recyclable collection services at the Deepwood Site. A presentation will be made at the meeting. Staff recommends acceptance.