HomeMy WebLinkAboutC2023-256 - 11/28/2023 - Approved DocuSign Envelope ID:8FCE09D7-30B7-4302-80A7-F3DD6FEF4AB0
THIRD AMENDAIENr,ro RECYCLING SERVICES AGREEMENT
This Third Amendment to the Recyclint,Services Agreement (this -Third Amendment") is
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cf'f'cctive as of FebrUary 1, 2024, between the City ofCorpUS Christi, Texas (tile "City"), and BFI
Waste Services of 'rexas, LP., a Delaware limited partnership, doing business as Republic
Services oforpusChristi ("Contractor").
Hccitals
A. The City and Contractor entered into the Recycling Services Agreement dated
January 27, 2021, as amended (collectively. the "Agreement"), whereby Contractor agreed to
provide certain recycling processing services to the City.
B. The City and Contractor now desire to anlend certain provisions of the Agreement
as more Fully set forth below,
AL"ruflielit
NOW, THEREFORE, for good and valuable consideration, tile receipt and sufficiency of
which (tic parties acknowledge, the parties agree to the following terms and conditions:
I Section 2 -Term. Sections 2(A) and (B) are deleted in their entireties and replaced
to read as 1`61lows:
"(A)'I'lic provision of Services under this Aorceirient conitnences I`cbruary 1, 2021
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("Commencement Date") and toads JIMILIary 31, 2024 (the period being referred to
as the -initial 'fern").""
"(13) Following the Initial Term,this Agrcernent is extended for three(3) more years
effective February 1,2024, through January 31, 2027. At the end ofthis new term,
the Agreement will automatically extend for two (2) additional one (1) year terms
unless either party wishes to cancel in writing not less than six months prior to the
expiration date of any term (including the new three-year term). Notices and
process must be followed according to the points of contact listed ill this
Agreement."
2. Fee. ('alcelation ;,ind Pavialcill Quc
(a) Section 3(A) of tile Agreement, as modified by the First Anicildillent dated March
1, 2021, is deleted in its entirely and replaced to read as follows:
"(A) Proccssine Fcc, 'File City will pay the Contractor a processing fec of S 132.30
per ton for each ton of Program Recyclables processed by the Contractor
("processing Fee") at the Dcsignatcd Facility, beginning February 1, 2024. Each
year thereafter, tile Processing Fee Nvill be increased by 5.0% oil February I". The
Processing Fee will not be paid for tiny material hatiled by the Contractor to the
City's landfill or disposed ofelsewhere prior to processing. This Agreement also
includes a revenue-Sharing arrangement ("Recyclable Revenue Share"), meaning
tile,parties agree to split the Cross Recyclable Revenues received from.Contractor's
sale of Program Recyclables to third parties with the City receiving 55% of the
Gross Recyclable RevenUeS,"
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DocuSign Envelope ID:8FCE09D7-30B7-4302-80A7-F3DD6FEF4AB0
1 Exhibit B. Exhibit B to tile Agreement is amended as follows:
(a) I fie following is added to the end of the first sentence of Section 1(13): "(i.e., an
insurance company rated A-VI I, or higher,by A.M. Best)."
(b) The following is added to the end ofthe First sentence ofSection II(A): "or via
another state-approved program,"
(c) In the first sentence of Section II(C), the words "the requested" are deleted and
replaced with ",my rnatcrial".
(d) In the first sentence of Section II(D), tile words"via blanket-form endorsement" are
inserted between "'endorsed" and "tocontain".
(e) In the third bullet point of Section II(D),the word "suspension" is deleted.
(f) In the first sentence of'Section II(I-1), the word "suspension" is deleted.
4. C,,apitalized `erm5. Capitalized terms used but not otherwise defined in this Third
Amendment shall have the meanings assigned to them in tile Agreenlent.
5 (.7onlit'jiling Lft'ect, Except as expressly modified or amended by this Third
Amendment,all terms and provisions of the Agreement shall remain in full force and effect. In the
case of a conflict in meaning between the Agreement and this Third Amendment, this Third
Amctidmcrit shall prevail.
6CounteroaL15,This Third Amendment may be executed in one or more counterparts,
each ofwhich shall be decined all original and all of which combined shall constitute one and the
same instrument. Facsimile and/or electronic copies of the parties' signatures shall be valid and
treated (lie same as original signatures,
IN WITNESS WHEREOF, the pat-ties have entered into this Third Amendment to be effectiveas
of the date stated in the first paragraph.
CONTRAcrOR: CFFY:
BFI WASTE SERVICES OF TEXAS, LP CITY OF CORPUS CHRISTI, TEXAS
BY: ALLIED WASTE LANDFILL
HOLDINGS, INC., ITS GENERAL
PART ER
DocuSigned by:
By: By:
Narne: Name:
AD of Finance & Procurement
Title: Le7i,,4, M,hA4_ Title: 121112023
Date:— Ill — 2Q! 2-3 Date:
M2023-173 Authorized By ATTEST:.
by:
11/28/2023
Council
Rebecca Huerta
EDS 2 City Secretary
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