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R-07-10-25-11B1 - 10/25/2007 RESOLUTION NO. R-07-10-25-11131 WHEREAS, the City of Round Rock ( "City" ) has previously entered into a Refuse Collection Contract ( "Contract" ) with Round Rock Refuse, Inc . ( "Contractor" ) , and WHEREAS, the City and Contractor now wish to amend the Contract, and WHEREAS, the City Council desires to enter into a Third Amendment to Refuse Collection Contract with Round Rock Refuse, Inc . , 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 a Third Amendment to Refuse Collection Contract with Round Rock 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. RESOLVED this 25th day of October,)1-14 NY LL, Mayor AT: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secre Iry 0:\wd0x\RES0LUTI\R71025B1.WPD/—c EXHIBIT a "An THIRD AMENDMENT TO REFUSE COLLECTION CONTRACT This Third Amendment to Refuse Collection Contract ( "Amendment" ) is entered into effective as of September , 2007, by and between the City of Round Rock, Texas ( "City" ) and Round Rock Refuse, Inc . , ( "Contractor" ) . Whereas, that certain referenced Refuse Collection Contract was executed by City and Contractor on October 1, 1990; and Whereas, the Contract was amended by "First Amendment to Refuse Collection Contract" on September 26, 1991; and Whereas, the Contract was amended again by "Second Amendment to Refuse Collection Contract" on November 4 , 2004 ; and Whereas, it has again become necessary to amend said Contract with regard to collection rates and collection procedures; and Whereas, City and Contractor desire to so amend the Refuse Collection Contract as provided below: Now, therefore, for and in consideration of the sum of Ten and No/100 Dollars ($10 . 00) and other good and valuable consideration, City and Contractor do hereby modify and amend the Refuse Collection Contract as follows : I . Article 3 is hereby amended to read as follows : Article 3 . Type of Collection The Contractor shall provide curbside collection of up to six sacks or bundles of refuse to each residential unit two (2) times per week, however, when collecting of refuse is limited to one time a week due to a holiday, Contractor shall collect up to twelve sacks or bundles of refuse . Containers, bags, etc . shall be placed at roadside for 00121879/ps collection by 7 : 00 a.m. on the designated collection day. Brush not placed in a sack or container shall be placed in bundles of no more than fifty (50) pounds and four (4) feet in length. Sacks or containers of solid waste shall be limited to fifty (50) pounds or less . The Contractor shall provide for collection on one regular pick-up day per week of bulky waste which meets the above specifications . This service shall be included in the cost for collection of service units . The Contractor shall provide additional brush collection ( "Additional Brush Collection" ) consistent with the terms of Chapter 6, Section 6 . 611 (4) , Code of Ordinances, 1995 Edition, City of Round Rock, Texas ( "Brush Collection Ordinance" ) , as may be amended from time to time. When construction work is being performed on right-of- way, containers, bags, etc . shall be placed as close as practicable to an access point for collection vehicle. The Contractor may decline to collect any container, bag, etc . not so placed. Containers shall be replaced by the Contractor where found and placed upside down with the lid placed on top of the overturned container. Containers will be handled with utmost care and protected from damages by careful handling. Contractor shall not be required under this contract to enter private driveways to individual residential units . However, a residential unit shall pay an additional fee over and above that paid by the City under this contract for such special service directly to the Contractor. Contractor shall notify City of such arrangements and shall submit to the City a certificate or letter of indemnification satisfactory to the City from the residential unit prior to beginning any such special service . II . Article 10 is hereby amended to read as follows : Article 10 . Collection Rates For collection and disposal of refuse as required by this Contract, Contractor shall be paid from amounts actually collected from customers the following: $8 . 80 per unit per month for senior citizen residential customers . $9 . 60 per unit per month for all other residential customers . 2 For Additional Brush Collection in accordance with the terms of the Brush Collection Ordinance, the Contractor shall be paid twenty dollars ($20 . 00) for the first five minutes, and one dollar ($1 . 00) per minute or fraction thereof thereafter, per pick-up. The Contractor may petition the City for rate adjustments at reasonable times on the basis of changes in its cost of operations, such as changes in statutes or the cost of utilizing land fills . Contractor shall be entitled to a fair, just and reasonable rate in relation to the cost of providing the service contemplated by this Contract . III . To the extent necessary to effect the terms and provisions of this Third Amendment, the Refuse Collection Contract is hereby amended. In all other respects, the Refuse Collection Contract is herby ratified and confirmed. Contractor: Round Rock Refuse, Inc. By: Ralph Rocco, General Manager City of Round Rock, Texas By. Printed Name : Title. Attest: By: City Secretary Approved as to Form: By: City Attorney 3 DATE: October 18, 2007 SUBJECT: City Council Meeting - October 25, 2007 ITEM: 11B1. Consider a resolution authorizing the Mayor to execute the Third Amendment to the Refuse Collection Contract with Round Rock Refuse, Inc. Department: Parks and Recreation Staff Person: Rick Atkins, Parks and Recreation Director Justification: Staff is recommending that the curbside brush pick-up program be contracted to the current refuse collection contractor Round Rock Refuse for the City of Round Rock. Funding: Cost: N/A Source of funds: N/A Outside Resources: Round Rock Refuse Background Information• The program has proven to be a much appreciated service for residents, but also a very time consuming activity for a small crew of city staff to handle. We are currently averaging over one hundred requests per month. The new collection rates will stay the same for the contractor, and the city shall retain $5.00 per brush pick- up (utilization of the Brush Recycling Center). Public Comment: N/A EXECUTED DOCUMENT FOLLOWS THIRD AMENDMENT TO REFUSE COLLECTION CONTRACT This Third Amendment to Refuse Collection Contract Clmv i4vj ("Amendment") is entered into effective as of rLI), 2007, by and between the City of Round Rock, Texas ("City") and Ruu-d Rock Refuse, Inc . , ("Contractor") . Whereas, that certain referenced Refuse Collection Contract was executed by City and Contractor on October 1, 1990; and Whereas, the Contract was amended by "First Amendment to Refuse Collection Contract" on September 26, 1991; and Whereas, the Contract was amended again by "Second Amendment to Refuse Collection Contract" on November 4, 2004; and Whereas, it has again become necessary to amend said Contract with regard to collection rates and collection procedures; and Whereas, City and Contractor desire to so amend the Refuse Collection Contract as provided below: Now, therefore, for and in consideration of the sum of Ten and No/100 Dollars ($10 . 00) and other good and valuable consideration, City and Contractor do hereby modify and amend the Refuse Collection Contract as follows : I . Article 3 is hereby amended to read as follows : Article 3 . Type of Collection 00121879/ps K 03- - I0-1,5- IIQ,I The Contractor shall provide curbside collection of up to six sacks or bundles of refuse to each residential unit two (2) times per week, however, when collecting of refuse is limited to one time a week due to a holiday, Contractor shall collect up to twelve sacks or bundles of refuse . Containers, bags, etc. shall be placed at roadside for collection by 7 : 00 a .m. on the designated collection day. Brush not placed in a sack or container shall be placed in bundles of no more than fifty (50) pounds and four (4) feet in length. Sacks or containers of solid waste shall be limited to fifty (50) pounds or less . The Contractor shall provide for collection on one regular pick-up day per week of bulky waste which meets the above specifications . This service shall be included in the cost for collection of service units . The Contractor shall provide additional brush collection ("Additional Brush Collection") consistent with the terms of Chapter 6, Section 6 . 611 (4) , Code of Ordinances, 1995 Edition, City of Round Rock, Texas ("Brush Collection Ordinance") , as may be amended from time to time . When construction work is being performed on right-of- way, containers, bags, etc. shall be placed as close as practicable to an access point for collection vehicle . The Contractor may decline to collect any container, bag, etc. not so placed. Containers shall be replaced by the Contractor where found and placed upside down with the lid placed on top of the overturned container. Containers will be handled with utmost care and protected from damages by careful handling. Contractor shall not be required under this contract to enter private driveways to individual residential units . However, a residential unit shall pay an additional fee over and above that paid by the City under this contract for such special service directly to the Contractor. Contractor shall notify City of such arrangements and shall submit to the City a certificate or letter of indemnification satisfactory to the City from the residential unit prior to beginning any such special service . II . 2 Article 10 is hereby amended to read as follows : Article 10 . Collection Rates For collection and disposal of refuse as required by this Contract, Contractor shall be paid from amounts actually collected from customers the following: $8 . 80 per unit per month for senior citizen residential customers . $9 . 60 per unit per month for all other residential customers . For Additional Brush Collection in accordance with the terms of the Brush Collection Ordinance, the Contractor shall be paid twenty dollars ($20 . 00) for the first five minutes, and one dollar ($1 . 00) per minute or fraction thereof thereafter, per pick-up. The Contractor may petition the City for rate adjustments at reasonable times on the basis of changes in its cost of operations, such as changes in statutes or the cost of utilizing land fills . Contractor shall be entitled to a fair, just and reasonable rate in relation to the cost of providing the service contemplated by this Contract . III . To the extent necessary to effect the terms and provisions of this Third Amendment, the Refuse Collection Contract is hereby amended. In all other respects, the Refuse Collection Contract is herby ratified and confirmed. Contractor: Round Rock Refuse, Inc. By: �. V c.'; Ralph Rocco, General Manager 3 City of Round Rock, Texas By: Print me : u, Title: Attest: By City Secretary �J Approved- as to Form: B y• �. City ttorney ry 4