Contract - Central Texas Refuse - 6/23/2022 FIRST AMENDMENT TO THE
AMENDED AND RESTATED
REFUSE COLLECTION CONTRACT
between
CITY OF ROUND ROCK, TEXAS
and
CENTRAL TEXAS REFUSE, LLC.
0140.20223;14883-3113-6548
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THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED REFUSE
COLLECTION CONTRACT BETWEEN CITY OF ROUND ROCK, TEXAS AND CENTRAL
TEXAS REFUSE, LLC. (the "First Amendment") is dated and entered into as of the day of
June, 2022 between the City of Round Rock ("City") and Central Texas Refuse, LLC
("Contractor"). The City and Contractor and sometimes referred to as the "Parties."
RECITALS
WHEREAS, the Parties entered into the Amended and Restated Refuse Collection Contract (the
"Contract") on November 4, 2021; and
WHEREAS,the Parties now desire to amend the Contract to make it clear that it is their intention
that the Contract not be construed as a grant of a franchise;
NOW THEREFORE in consideration of the mutual covenants and agreements herein contained,
the sufficiency of which are hereby conclusively acknowledged, and subject to the terms and
conditions hereinafter set forth, the City and Contractor mutually agree as follows:
ARTICLE I
TABLE OF CONTENTS
Section 1.1 SECTION 4 of the Table of Contents is amended to read as follows:
SECTION 4: GRANT OF LICENSE
ARTICLE II
SECTION 2: DEFINITIONS
Section 2.1: DEFINITIONS is amended as follows:
a) The definition of Franchise Fee is deleted in its entirety.
b) The definition of Gross Revenue/Receipts is amended as follows:
Gross Revenue/Receipts -- All receipts and revenues received or derived
directly or indirectly by the Contractor, its affiliates, subsidiaries, parent
company,and any other person or entity in which the Contractor has a financial
interest, from and in connection with Commercial Services. Gross
Revenues/Receipts include license fees passed through to the Contractor's
customers. Gross Revenues/Receipts do not include any surcharges imposed
directly upon any Customer by the state, city or other governmental unit and
collected by the Contractor on behalf of such governmental unit.
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c) The definition of License Fee is added to read as follows:
License Fee—Fee to be paid to the to the City by the Contractor as described in
Section 4.2.
ARTICLE III
SECTION 4
Section 3.1 Section 4. is herby amended to read as follows:
SECTION 4: GRANT OF LICENSE AND FEE
4.1 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 license to have,
use and operate Residential Services, Downtown Commercial District Services, Commercial
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 right,
privilege, and license to have, use and operate:
(i) Municipal Solid Waste Services, Bulk Waste Services, and Recycling Services for
Residential Service Units and Commercial 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 and Recycling Services for the Downtown
Commercial District.
4.2 In exchange for the City's grant to Contractor of the right to have, use, and operate
Commercial Services, Contractor shall pay quarterly to the City a License Fee of ten (10%) of the
Gross Receipts derived during the preceding quarter by the Contractor from the operation of its
Commercial Services within the City. The parties acknowledge and agree the License Fee will be
recouped by the Contractor and will be reflected accordingly in the exhibit establishing Contracted
Rates.The City reserves the right to review and modify the fee percentage on an annual basis. The
Contractor shall be given thirty (30) days' written notice prior to any increase in the license fee.
Any change in the License Fee must be approved by the governing body of the City.
4.3 The License Fee shall be paid quarterly to the City on or before the last day of the
month following the end of the quarterly period for which said payment is due. The License Fee
payment shall be delivered to the City's Director of Finance, along with the City-approved form
entitled "Commercial Garbage Collection License Fee Quarterly Statement" showing the
calculations of said quarterly payment.
4.4 Under no circumstances whatsoever shall the grant herein of a license be construed
as a grant of a franchise.
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ARTICLE IV
SECTION 22
Section 4.1 Section 22.2.4 Commercial Services is hereby amended to read as follows:
22.2.4 Commercial Services
The Contractor shall bill all Commercial Customers directly on a monthly basis for services
to be provided the following month in accordance with the rate structure established herein.
No billing services for Commercial Customers shall be performed by the City. Contractor
shall have the right to suspend services for any Customer for non-payment. Contractor has
the right to include a line item in its billing to Commercial Customers for License Fees,
however, all amounts collected by Contractor from Commercial Customers for License
Fees shall be included in the Contractor's Gross Receipts.
ARTICLE V
MISCELLANEOUS
Section 5.1 To the extent necessary to effect the terms and provisions of this First Amendment,
the Contract is hereby amended and modified.In all other respects,the aforesaid Contract is hereby
ratified and confirmed.
Section 5.2 This First Amendment may be executed in counterparts, each of which shall be an
original and all of which together shall constitute but one and the same instrument.
[Signatures on the following page.]
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IN WITNESS WHEREOF, the Parties hereto acting under authority of their respective
representatives have caused this First Amendment to be duly executed as of the,day of June,
2022.
CON'T'RACTOR:
Central Texas Refuse,LLC.
By: :15;;4-
Mana er
Date:
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CITY:
City of Ro d Rock,Texas
By:
Crai or
Date: 2
Attest:
By: ��&
Meagan Sp' Clerk
Appro4asornz:By: k
Sheets,City Attorney
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