05-95 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 05-95
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY
AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN AMENDMENT
AND RENEWAL AGREEMENT BETWEEN THE TOWN OF PROSPER AND IESI TX CORPORATION
REGARDING SOLID WASTE COLLECTION AND DISPOSAL 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, an Amendment and Renewal Agreement between the
Town of Prosper and IESI TX Corporation regarding solid waste collection and disposal services.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 13th day of December, 2005.
es Nis anger, May
ATTEST TO:
Shanae Jennings, Tow cretary
AMENDMENT AND RENEWAL AGREEMENT
This AMENDMENT AND RENEWAL AGREEMENT (the "Amendment") is
entered into as of the 22 day oflkinher2005 by and between the Town of Prosper,
Texas(the"Town") and IESI TX Corporation, a Texas corporation("Contractor").
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"),
a copy of which is attached hereto as Exhibit A; and
WHEREAS, the Town and Contractor desire to renew the Agreement for an
additional five (5) year term and amend the Agreement as more fully described herein;
AGREEMENT:
NOW, THEREFORE, in consideration of the mutual covenants and agreements
set forth herein and in the Agreement,the Town and Contractor hereby agree as follows:
1. Term. The terms of each of the Agreement and the General Specifications
(as defined below) are hereby extended and renewed for an additional five (5) years
ending November 30, 2011.
2. General Specifications. The following amendments shall apply to the
"General Specifications" attached to the Agreement as Exhibit"A":
(a) The following definitions are hereby added to Section 1:
"1.19.5 Recycling Cart — A rubber wheeled receptacle with a minimum
capacity of 65 gallons constructed of plastic, metal and/or fiberglass,
designed for automated or semi-automated recycling collection system,
and having a lid capable of preventing entrance into the container by small
animals. Recycling Carts will be provided to each Residential Unit, with
ownership retained by Contractor."
"1.15.5 Handicapped/Disabled Residential Unit- Any residential dwelling
that is inhabited by persons, all of whom are physically handicapped to the
extent that they are unable to place their Poly-Cart at the curbside, and that
generates and accumulates Residential Refuse. The identities of the
members of a Handicapped/Disabled Residential Unit shall be certified by
the Town and agreed to by the Contractor."
(b) Section 3.01 is deleted in its entirety and replaced with the
following:
"3.01 Residential Collection Service — Contractor will provide one (1)
Poly Cart to each Residential Unit within the Town to be used for storing
Residential Refuse. Contractor will provide collection service at
Residential Units one time per week. Residential Refuse must be
completely contained inside the Poly-Carts with the lid closed. Collection
routes will be established by the Contractor. The Contractor shall provide
the Town detailed route maps for all residential routes. The Town has the
right to reject and request modification of routes.
Along with collection of Residential Refuse from Poly-Carts, Contractor
will provide monthly collection of Bulky Wastes and/or Bundles at each
Residential Unit. Contractor agrees, once per month, citywide, to collect
such quantities of Bulky Wastes and/or Bundles at Residential Units
which can be loaded by two (2) of its employees in no more than five (5)
minutes per Residential Unit at no charge. On a monthly basis,
Residential Units must request Bulky Waste collection service from
Contractor on or before the fourth Friday of each month for collection on
the fourth Saturday of each month. Such request shall be received by
Contractor by 4:00 pm of the fourth Friday of each month. Residential
Units may call Contractor directly or order said service online at
IESIProsper@IE SI.com.
In addition to the scheduled weekly collections, Contractor may provide a
special service for other materials including amounts of Residential
Refuse greater than those that can be contained inside the Poly-Carts.
These collections will be subject to additional charges.
Notwithstanding anything to the contrary contained herein, the Contactor
agrees to assist Handicapped/Disabled Residential Units with front-door
collection of their Poly-Carts and Recycling Carts; provided, that the
Contactor receives prior written notice from the Handicapped/Disabled
Residential Unit of such special need."
(c) 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 March 1, 2006. Residents will endeavor to return
to Contractor the recycling bins when the Contractor delivers the
Recycling Cart. Residents will place the Recycling Cart at the curb for
collection on their assigned collection day. The Contractor will to provide
collection of Recyclables at Residential Units one time per week on the
same day it collects Residential Refuse from Residential Units."
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(d) The following sentence is added to paragraph A of Section 11.02.
"The maximum adjustments to Contractor's charges set forth in the
Contract Documents on a yearly basis for increases in the Consumer Price
Index shall be limited to seventy-five (75%) percent of such increase. For
example if the percentage increase in the Consumer Price Index is 5% the
maximum adjustment to Contractor's charges in such year would be
limited to 3.75%."
(e) The following paragraph is added to Section 3.00
"3.06 Collection Procedures By February 1, 2006, Contractor will
distribute to each Residential and Commercial Unit a brochure describing
Contractor's collection procedures under this Agreement. Contractor
agrees to distribute, on a yearly basis, updates or amendments, if any, of
its collection procedures to the respective units.
(f) The following paragraph is added to Section 11.02 after paragraph
C.
"D. Contractor shall be entitled to a Fuel Adjustment two times per year.
The Fuel Adjustments shall be calculated on June 1 and December 1 (the
"Fuel Adjustment Dates") and assessed on the six (6) monthly billing
periods following the calculation dates. In the event the average weekly
price of diesel fuel (the "Current Price") during the 26 week period prior
to the Fuel Adjustment Dates exceeds $2.00 per gallon (the "Base Price"),
a Fuel Adjustment shall be calculated in accordance with the following
formula applying the information contained within Exhibit "B". The
Current Price will be determined by taking the average of the U.S. Energy
Administration / Department of Energy weekly published price for diesel
fuel — gulf coast region for the 26 weeks prior to each Fuel Adjustment
Date. The following website (or any successor website) will be the source
for such information:
http://tonto.eia.doe.gov/oog/info/wohdp/diesel detail report.asp. The
Fuel Adjustment shall be added to Contractor's rates charged for: (i)
Residential Trash collection, (ii) Residential Recycling and (iii) per
Commercial container in the six (6) months following the Fuel Adjustment
Date and shall remain a part of Contractor's rates until the next Fuel
Adjustment is determined. The Fuel Adjustment formula is:
Hours/week X #of routes X weeks/month X 4 qals/hour X (Current Price—Base Price of Diesel Fuel)
Number of Accounts
In the event that the Energy Information Administration stops reporting
the average weekly price of diesel fuel during the term of this Agreement,
then the Current Price shall be the average weekly price of diesel fuel paid
by Contractor.
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(g) Beginning March 1, 2006, the rate for Recycling under Section
16.00 shall be increased to $2.33.
3. Reaffirmation. The parties hereby reaffirm their agreement with all the
terms and provisions of the Agreement and all the exhibits thereto, as amended by this
Amendment.
4. Entire Agreement. The Agreement, together with all exhibits thereto, all
as amended by this Amendment, represents the entire agreement among the parties with
respect to the matters that are the subject hereof.
5. Counterparts; Facsimile Signatures. This 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 Amendment between the
parties hereto, and it shall not be necessary for the proof of this 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 WHEREOF,the undersigned have executed this Amendment and
Renewal Agreement as of the 22 day ofa, pt,r, 2005.
THE TOWN:
THE TOWN OF PROSPER, TEXAS
By:
Name:
Title:
IESI:
IESI TX CORPORATION,
a Texas corporation
Name. rAilig
Title: �P
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STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned, a Notar_y Public in and for said County and State,
on this day personally appeared 3ChrI G040`49011 , known
to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me, that he/she is the duly authorized representative of TOWN OF
PROSPER, TEXAS, that he/she executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this iq day of
Deeetn p , 2005.
D& is
gRPu StrOriS eCat1'-`,ic-1
,���Pam, FATSY CELORIS BARTLETT
ut')
Notary Public,State of Texas
4,F, * My Commission Explrea Notary'SPrinted Name:
10-03-2009 My Commission Expires: I O-3 - 2CC q
STATE OF TEXA §
COUNTY OF §
BEFORE ME, the undersi d, a otary,Public in and for said County and State,
on this day personally appeared L i a r I eS N t S W Q h o.er' , known
to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me, that he/she is the duly authorized representative of IESI TX
CORPORATION, that he/she executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 2 Z day of
OeGe44 I , 2005.
( ==res1
N tary P blic, St4 d\iftW
October 30.2007 Ljy, 4q S C. OU.S�
Notary''Printed Name:
My Commission Expires: 10130107
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EXHIBIT"B"
FUEL ADJUSTMENT WORKSHEET FOR PROSPER TEXAS
BASE PRICE PER GALLON $2.00
DETERMINED BY THE DEPARTMENT OF ENERGY EIA.DOE.GOV GULF COAST REGION
TYPE OF HOURS PER NUMBER WEEKS NUMBER OF
SERVICE WEEK OF ROUTES PER MONTH ACCOUNTS
RESIDENTIAL 23 1 4.3
September 1332
October 1332
November 1388
RECYCLE 14 I 4.3 1272
COMMERCIAL 4 1 4.3 54
The following provides an example of a Fuel Adjustment calculation using the above
described formula:
Residential Calculation
Hours/week(23)x number of routes(1)x(4.3)weeks/month)x 4 gals/hour x(Average Price($2.77)—Base Price($2.00)
Total#customers(1332)
Fuel Adjustment per home($.23)
Commercial Calculation
Hours/week(4)x number of routes(1)x(4.3)weeks/month)x 4 gals/hour x(Average Price($2.77)—Base Price($2.00)
Total#customers(45)
Fuel Adjustment per commercial customer($1.18)
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