HomeMy WebLinkAboutC2023-262 - 11/28/2023 - Approved THIRD AMENDMENT TO RECYCLING SERVICES AGREEMENT
This Third Amendment to the Recycling Services Agreement(this"Third Amendment")is
effective as of February 1. 2024. between the City of Corpus Christi,Texas(the"City"),and BFI
Waste Services of Texas, L.P., a Delaware limited partnership, doing business as Republic
Services of CorpusChristi ("Contractor").
Recitals
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 amend certain provisions of the Agreement
as more fully set forth below.
Agreement
NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of
which the parties acknowledge,the parties agree to the following terms and conditions:
1. Section 2 -Term. Sections 2(A)and(B)arc deleted in their entireties and replaced
to read as follows:
"(A)The provision of Services under this Agreement commences February 1,2021
("Commencement Date") and ends January 31, 2024 (the period being referred to
as the"Initial Term")."
"(B)Following the Initial Term,this Agreement is extended for three(3)more years
effective February 1,2024,through January 31, 2027. At the end of this 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 in this
Agreement."
2. Fee: Calculation and Payment Due,
(a) Section 3(A)of the Agreement,as modified by the First Amendment dated March
t, 2021. is deleted in its entirety and replaced to read as follows:
"(A)Processing Fee. The City will pay the Contractor a processing fee of$132.30
per ton for each ton of Program Recyclablcs processed by the Contractor
("Processing Fee") at the Designated Facility, beginning February 1. 2024. Each
year thereafter,the Processing Fee will be increased by 5.0%on February l'1. The
Processing Fee will not be paid for any material hauled by the Contractor to the
City's landfill or disposed of elsewhere prior to processing. This Agreement also
includes a revenue-sharing arrangement ("Recyclable Revenue Share"), meaning
the parties agree to split the Gross 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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SCANNED
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3. Exhibit B, Exhibit B to the Agreement is amcndcd as follows:
(a) The following is added to the end of the first sentence of Section 1(B): "(i.e., an
insurance company rated A-VII,or higher,by A.M. Best)."
(b) The following is added to the end of the first sentence of Section 11(A): "or via
another state-approved program."
(c) In the first sentence of Section I1(C), the words "the requested" arc deleted and
replaced with "any material",
(d) In the first sentence of Section 11(D).the words"via blanket-form endorsement"arc
inserted between "endorsed"and "tocontain".
(c) In the third bullet point of Section 11(D).the word "suspension" is deleted.
(1) In the first sentence of Section II(E).the word"suspension" is deleted.
4. Capitalized Terms. Capitalized terms used but not otherwise defined in this Third
Amendment shall have the meanings assigned to them in the Agreement.
5. Continuing Effect. 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
Amendment shall prevail,
6, c:ountcrparts.This Third Amendment may be executed in one or more counterparts,
each of which shall be deemed an 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 the same as original signatures.
IN WITNESS WHEREOF,the parties have entered into this Third Amendment to be effective as
of the date stated in the first paragraph.
CONTRACTOR: CITY:
BFI WASTE SERVICES OF TEXAS, LP CITY OF CORPUS CHRISTI,TEXAS
BY: ALLIED WASTE LANDFILL
IIOLDINGS, INC., ITS GENERAL
PAR \ER
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B
Name: �� �q74. _. Name: -e YO_s_.(nr-syx
Title: , �/� . 4 , Title: CA.�- a c�-e v
Date: II — l$ - 1," }3 Date: 12.. •11
I 13,„,,,A11114041.
COUNCIL
OP 2
ATTEST: _k ' �.� .. Edi
RE: CCA SECEVANV
CITY SECRETARY