06-119 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 06-119
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE
TOWN OF PROSPER, TEXAS, TO EXECUTE A SECOND
AMENDMENT TO THE SOLID WASTE AND RECYCLING
CONTRACT BETWEEN THE TOWN OF PROSPER AND IESI
REGARDING COMMERCIAL RECYCLING RATES AND SERVICES.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER,TEXAS:
SECTION 1: The Mayor of the Town of Prosper,Texas, is hereby authorized to execute,
on behalf of the Town Council of the Town of Prosper, Texas, a second amendment to the solid
waste and recycling contract between the Town of Prosper and IESI regarding commercial
recycling rates and services,hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 14th day of November, 2006.
Charles Niswanger, Mayor
ATTEST TO:
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atthew Denton, Town Secretary . Ors
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SECOND AMENDMENT
his Second Amendment (the"Second Amendment") is entered into as of the I I'
day o Y be, 2006 by and between the Town of Prosper, Texas (the "Town") and IESI
TX Corporation, a Texas corporation("Contactor").
RECITALS:
WHEREAS, the Town and Contractor entered into an exclusive contract for
residential,-commercial and industrial solid waste collection and disposal services within
the territorial jurisdiction of the Town dated as of December 1, 2001 (the "Agreement");
WHEREAS, the Town and Contractor renewed and amended the Agreement on
December 22, 2005 (the"Amendment and Renewal Agreement"); and
WHEREAS, the Town and Contractor desire to further amend the Agreement as
more fully described herein:
AGREEMEMT:
NOW, THEREFORE, in consideration of the mutual covenants and agreements
set forth herein and in the Agreement and the Amendment and Renewal Agreement, the
Town and Contractor hereby agree as follows:
1. The following paragraph is added to Section 3.02.
"Contractor will provide each Commercial Unit with one (1) Recycling Cart to be
used to store Recyclables. Contractor shall supply additional Recycling Carts for
collection of Recyclables to each Commercial Unit at an additional monthly fee of
$1.00 per Recycling Cart. Commercial Units will place the Recycling Cart next
to its respective Commercial Container for collection on their assigned collection
day. The Contractor will provide collection of Recyclables at Commercial Units
one time per week at a rate of $2.33 per month. The Commercial Units to be
provided collection of Recyclables will be limited to those Commercial Units who
choose to opt in and are located in downtown Prosper adjacent to residential
collection routes. The Town and the Contractor anticipate that commercial
recycling participates will be minimal and centrally located in the downtown area.
As the number of commercial recycling participates grow the Town agrees that
the Contractor may adjust the monthly rate for the collection of Recyclables at
Commercial Units accordingly."
2. Section 3.03 is deleted in its entirety and replaced with the following:
"3.03 Residential Curbside Recycling Services — Contractor will provide each
Residential Unit with one (1) Recycling Cart to be used to store Recyclables and
will replace the recycling bins previously supplied to each Residential Unit by
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March 1, 2006. Residents will endeavor to return to Contractor the recycling bins
when the Contractor delivers the Recycling Cart. Contractor shall supply
additional Recycling Carts for collection of Recyclables to each Residential Unit
at an additional monthly fee of$1.00 per Recycling Cart. Residents will place the
Recycling Cart at the curb for collection on their assigned collection day. The
Contractor will provide collection of Recyclables at Residential Units one time
per week on the same day it collects Residential Refuse from Residential Units.
3. Reaffirmation. The parties hereby reaffirm their agreement with all the terms
and provisions of the Agreement and the Amendment and Renewal Agreement and all
the exhibits thereto, as amended by this Second Amendment.
4. Entire Agreement. The Agreement and the Amendment and Renewal
Agreement, together with all exhibits thereto, all as amended by the Second Amendment,
represents the entire agreement among the parties with respect to the matters that are the
subject hereof.
5. Counterparts: Facsimile Signatures. The Second Amendment may be
executed in counterparts, each of which shall be deemed an original, but all of which
collectively shall constitute one and the same instrument representing this Second
Amendment between the parties hereto, and it shall not be necessary for the proof of this
Second Amendment that any party produce or account for more than one such
counterpart. Facsimile signatures shall be given the same force and effect as original
signatures and shall be treated for all purposes and intents as original signatures.
IN WITNESS L.WHEREOF, the undersigned have executed this Second Amendment as
of the jj day of� 7,2006.
THE TOWN:
THE TOWN OF PROSPER, TEXAS
By:
Name: C aY es. Isyv 94''
Title: Mayor
CONTRACTOR
IESI TX CORPORATION
a Texas corporation
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