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HomeMy WebLinkAboutResolution No. 2012-030 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2012 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO ALLIED WASTE SERVICES COMMERCIAL & INDUSTRIAL AND RESIDENTIAL SOLID WASTE COLLECTION AND RECYCLING COLLECTION AGREEMENT; THAT THE AMENDMENT IS ATTACHED AS "EXHIBIT A"; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of The Colony entered into a solid waste and recycling collection contract with Allied Waste Services on June 1, 2007; and, WHEREAS, the contract allows for rate adjustment requests by Allied Waste Services annually based on the Consumer Price Index (CPI), and it allows for two optional contract extensions; and, WHEREAS, the City Council finds it to be in the City's best interest to extend the solid waste and recycling contract with Allied Waste Services for an additional two (2) years; expand the growing season green waste collection schedule to include twelve (12) months of the year (previously adopted); amend the definition of "bulky" waste; and, to authorize a commercial rate increase of two percent (2%). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the city manager to execute the First Amendment to the Allied Waste Services solid waste and recycling contract, attached as Exhibit A, to extend the contract by two (2) years, reflect year-round weekly collection of green waste, amend bulky waste definition, and to reflect a rate increase, based in CPI, of two percent (2%) for all commercial fee strictures. Section 2. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 1 st day of May, 2012. J e McCou ,Mayor City of The olony, Texas 7 ATTEST: C 14ie Wilson, TRMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney } ;f ' FIRST AMENDMENT TO THE COMMERCIAL & INDUSTRIAL AND RESIDENTIAL SOLID WASTE COLLECTION, TRANSPORT AND DISPOSAL AND RESIDENTIAL RECYCLING COLLECTION, TRANSPORT & PROCESSING AGREEMENT This First Amendment to the Commercial & Industrial and Residential Solid Waste Collection, Transport and Disposal and Residential Recycling Collection, Transport & Processing Agreement (the "First Amendment"), is entered into on O_t, I , 2012 by and between the City of The Colony, Texas (the "City"), a Texas home-rule unicipality, acting by and through its governing body, the City Council (hereinafter referred to as the "City Council"), and Allied Waste Systems, Inc., a Delaware corporation d/b/a Allied Waste Services of Plano ("Contractor"). RECITALS: WHEREAS, on or about June 1, 2007, the City and Contractor entered into a Commercial and Industrial and Residential Solid Waste Collection, Transport and Disposal and Residential Recycling Collection, Transport and Processing Agreement (the "Original Agreement"); and WHEREAS, the City and the Contractor find and determine it is in the best interests of the parties to amend the Original Agreement to address certain obligations of the parties in accordance with the terms of this First Amendment. NOW, THEREFORE, upon the mutual covenants, conditions and promises contained herein, the parties hereby agree as follows: SECTION 1. AMENDMENTS TO ORIGINAL AGREEMENT. (a) Amendment to Definition of Bulky Waste. The parties agree that the definition of "Bulky Waste" contained in Section 1.0 of the Original Agreement is amended to read as follows: "Bulky Waste - Items that do not fit into the trash cart; examples are furniture, appliances, water heater, push mowers, fence panels, carpet, (cut into 4ft lengths) carpet pads, large cardboard boxes and extra bags of trash Bulky waste is picked up twice per month." See restrictions to Bulky Waste - Attachment "A". (b) Amendment to Definition of Container. The parties agree that the definition of "Container" contained in Section 1.0 of the Original Agreement is amended to read as follows: "Container - A 95 gallon sized recycling or solid waste wheeled poly cart with hinged lid designed for the containment of recycling or solid waste during collection by Contractor. The weight of material in the 95 gallon poly cart shall not exceed 175 pounds. A smaller container may be utilized for requested residents." (c) Amendment to Definition of Growing Season. The parties agree that the definition of "Growing Season" contained in Section 1.0 of the Original Agreement is amended to read as follows: "Growing Season - The twelve (12) months of the year. During the growing season, Green Waste will be picked up every Monday." (d) Amendment to Section 2.1 a). The parties agree that Section 2.1 a) of the Original Agreement is amended to read as follows: "Green Waste materials shall be picked up once per week on Monday between the hours of 7:00 A.M. and 7:00 P.M., during the Growing Season. The maximum amount of Green Waste material to be set out for pick up is five (5) cubic yards." (e) Amendment to Section 2.1 e). The parties agree that Section 2.1 c) of the Original Agreement is amended to read as follows: "Bulky trash shall be picked up two times per month between the hours of 7:00 A.M. and 7:00 P.M. If trash collection day is Tuesday or Wednesday, residents shall set out Bulky Trash items on the 1" or 3`d Monday of the month. If trash collection day is Thursday or Friday, residents shall set out Bulky Trash items on 2nd and 4t' Monday of the month. The maximum amount of Bulky Trash items that can be set out for pickup shall not exceed four (4) cubic yards. " (f) Amendment to Section 2.13. The parties agree that Section 2.13 of the Original Agreement is amended to read as follows: "The Contractor shall observe the following (6) six holidays: Christmas day, New Years day, Memorial Day, Forth of July, Labor day, Thanksgiving Day, all other holidays are to be as normal for pickup of MSW, Green Waste, Bulky Trash and Recycling. In the event that the observation of the holiday is on the normally scheduled collection day for MSW, Green Waste, Bulky Trash or Recycling, the collection will be the next collection day. All other collection days for the remainder of the week will be pushed back one day." (g) Term. The parties agree that the Term of the Original Agreement is amended to extend the end date of the Agreement from May 31, 2013, to May 31, 2015, unless (1) one two (2) year extension is granted by the City, unless terminated sooner in accordance with the provisions hereof. (h) Insurance. The parties agree that, notwithstanding anything in Section 6.1 of the Original Agreement to the contrary, the Contractor shall not be required to name the City as an additional insured on any Worker's Compensation (or equivalent) policies. The parties further agree that in lieu of providing Workers Compensation insurance, the Contractor may provide the statutory equivalent. Finally, the parties agree that notwithstanding anything in Section 6.2 to the contrary, (a) the Contractor shall not be required to deliver copies of the policies, and shall only be required to deliver certificates Page 2 of 4 2400121.4 of insurance, and (b) Contractor shall be required to provide notice only of a cancellation of the policy to the City. (i) Appendix A. The parties agree that Appendix "A" of the Original Agreement shall be deleted in its entirety and replaced with Appendix "A" attached to this First Amendment. SECTION 2. MISCELLANEOUS PROVISIONS. (a) Caption Headings. Caption headings in this First Amendment are for convenience purposes only and are not to be used to interpret or define the provisions of the First Amendment. (b) Counterparts. This First Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. (c) Effective Date. The effective date (the "Effective Date") of this First Amendment shall be the date of the later to execute this First Amendment by the Contractor and the City. (d) Original Agreement. All of the terms, conditions, and obligations of the Original Agreement remain in full force and effect except where specifically modified by this First Amendment. (e) Severability. The provisions of this First Amendment are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this First Amendment is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation have the force and effect of the law, the remaining portions of the First Amendment shall be enforced as if the invalid provision had never been included. (The Remainder of this Page Intentionally Left Blank) Page 3 of 4 24001214 • V IN WITNESS WHEREOF, the Parties have executed this First Amendment to the Commercial & Industrial and Residential Solid Waste Collection, Transport and Disposal and Residential Recycling Collection, Transport & Processing Agreement as of the Effective Date. ALLIED WASTE SYSTEMS, INC. By: Name: Title: Date: CITY OF THE COLONY, TEXAS, A Texas home-rule municipality By: C. Powell, City Manager Date: -o/2- ATTEST: Christie Wilson, City Secretary Page 4 of 4 2400121.4