The URL can be used to link to this page

Home My WebLink AboutC2019-346 - 8/13/2019 - Approved La FIRST AMENDMENT TO THE WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BFI WASTE SERVICES OF TX, LP STATE OF TEXAS § COUNTY OF NUECES § This first amendment ("First Amendment") to the Waste Disposal Agreement ("Agreement") executed on February 24, 2005, between the City and BFI Waste Services of TX, LP (doing business as Republic Services of Corpus Christi) ("Hauler"), is made effective for all purposes as of September 1, 2019, unless otherwise specifically stated in this First Amendment. WHEREAS, the City and Hauler desire to modify the terms and conditions of the Agreement, as such terms and conditions are set out below, for the remainder of the term of the Agreement; and WHEREAS, the parties agree to execute this instrument and proceed subject to the following terms, conditions and covenants. 1. Incorporation of Preamble. The preamble provisions set out above in this First Amendment are incorporated by reference into the body of this document and constitute additional provisions under the Agreement and First Amendment. 2. Effective Date. This First Amendment, following final approval by the City's City Council and execution by both parties, is ratified by both parties to take effect as of September 1,2019. 3. Effect of First Amendment. This First Amendment modifies, supplements, and expands the provisions, terms, and conditions of the existing Agreement (including the exhibits) between the City and Hauler and the duties and responsibilities undertaken by each, as is necessary and mutually desired to effectuate the purposes and plans of the parties. The parties acknowledge and agree that all terms, conditions, and covenants of the Agreement not changed by execution of this First Amendment continue in full force and effect. Unless otherwise specifically indicated in context in this instrument, modified language is presented in legislative style, with deleted language shown to be stricken (example: deleted) and new language to take effect shown underlined (example: added). The parties further agree that any ambiguities or conflicts between or among the documents may not be construed against the City as drafter. In the event of a conflict between or among the documents addressing the same matter, the parties agree that the more stringent provision controls. 4. Definitions; Usage. All words and phrases not defined in this First Amendment or modified herein retain the definitions contained in the Agreement. For brevity in the remainder of this document, any reference to the Agreement is deemed to collectively include the First Amendment as well as all exhibits and documents attached to, referenced, or incorporated by reference into those instruments and which are the subjects of the Agreement's relationship between the parties. 5. Change to Term. Article I, entitled "GENERAL PROVISIONS," Section 1.3, entitled "Term," subsection 1.3.1. is modified to read as follows: Page 1 of 3 SCANNED "1.3.1. Unless sooner terminated under the terms of this Agreement, this Agreement is in effect until midnight on January 31, 2021 the-termination-of th,- Landfll-Services Agreement-between tl o City-ef-Gorpus-Ghfisti-and-FPAlaste-Serviees-ef North America-Inc. atoll , including-any-extensions-ef-that-agreement." 6. Change to Guaranteed Tonnage Volume.Article II, entitled "ACCEPTABLE WASTE," Section 2.2, entitled "Guaranteed Tonnage," subsection 2.2.1 is modified as follows, with all remaining subparts of 2.2.1 (namely, subparts 2.2.1.1. and 2.2.1.2.) to remain unchanged and intact: "2.2.1. Gommensing-on-the-effestive-4ate;the Hauler guarantees to deliver not less than 120,000 158400 tons per year ("guaranteed annual tonnage") of jurisdictional waste and acceptable waste collected outside the City's limits to the Landfill during the year beginning on November 12, 2018 and ending on November 11, 2019 and during the year beginning on November 12, 2019 and ending on November 11, 2020, and the City guarantees that it will accept the waste. Hauler also guarantees to deliver not less than 25,000 tons of jurisdictional waste and acceptable waste collected outside the City's limits to the Landfill during the period beginning on November 12, 2020 and ending on January 31, 2021, and the City guarantees that it will accept the waste. 7. Deletion of Eligible Discount.Article II, Section 2.2, subsection 2.2.3. (which is misidentified in the original Agreement as"2.3.3.") is deleted in its entirety as follows: " -If-theyhauler-tnsreases-the-ktauler's-volume by a minimum-of-an-additional-33%or- more over the-guaranteed-annual-tonnage-established-in-Subsection i-2..,, the klauler-is- eligible-def a-disseunt-e#ke-the-per-ten-tipping-fee-Onee-establlshed-the discount-will-apply- f*omthe-base-year in-whin#-the-discount-was-first-calculated-and-will apply-to-all-sucseeding- years-keeping-the base-tonnage-calculation-intact." 8. Waiver and Release of Prior Tonnage Shortfall. Article II, entitled "ACCEPTABLE WASTE," Section 2.2, entitled"Guaranteed Tonnage," is modified by adding a new subsection 2.2.4, to read as follows: "2.2.4. The City hereby waives and releases Hauler from any demands, claims, or causes of action for any actual or alleged shortfall in guaranteed tonnage prior to November 12, 2018." 9. Fees. Article III, entitled"FEES," Section 3.1, entitled "Acceptance Fee for Guaranteed Monthly Tonnage," subsections 3.1.2. and 3.3. only (which latter subsection is misidentified in the original Agreement as"3.3.3.") are deleted in their entireties, with all remaining sections and subsections (namely, subsection 3.1.1 and section 3.2.) to remain unchanged and intact, as follows: "3 2. If-the-hauler-requests-a-change-to-the-agreement-te a-180%volume-supply agreement-as-defined-in 2.2.1.-1—and-with-the-Gity's-approval;the-new-discounted acceptance-rate-is seventy-two-percent-(72-94)-ef-the-published-disposal-fate." "3;3:3:-Discount-for4nsreased T-onnage-Af-the-Haulerincreases-the-klauler-s-velume by a-minimum of an-additional-33%-of-more-over-the-guaranteed-,annual-tonnage established-M-Subsection-2.2.1 -the44auler-is-eligible-for a 15%discount-of#o€the published-disposal-rate4n-that-year he-lewertipping fee-will be ap the-additional-waste-once-33°7o--threshold-is-reached-Once-a-new-base-termage-is calculated-under-Section 2.3.3., the-City-will-recluse-it's-billing-te-Me-Hauler-at-tile beginning-of-each-succeeding-year-" Page 2 of 3 10. Duplicate Counterparts. This First Amendment may be executed by the parties in any manner as duplicate counterparts, each of which is deemed to be an original of this instrument for all purposes. 11. Entire Agreement. In addition to the existing Agreement and First Amendment, including any exhibits attached to, referenced, or incorporated by reference, this First Amendment contains the entire understanding and mutual agreement of the parties, and no other agreements, assurances, covenants (express or implied), or other terms and conditions of any kind exist between the parties with regard to the Agreement. ATTEST: CITY OF CORPUS CHRISTI IFe.-10 ��Q/ ' Rebecca Huerta, Ci ysecretary P er Zanoni, anager Date: / 1-ta1/Z Date: k U1 J 19 2'o!9 Approved as to legal for : / i 3 , 2019 l `OI cHicf AUTHUKNx+ a i f' ..`k...IA .4/// IITL ON i 419 Elizabt Hundley � Assis . t City Attorney /j for the City Attorney I SFCRETARY BFI AST- ER I ES O• , LP, by Allied Waste Landfill Holdings, Inc., its General Partner ,i,........11 Y , a. AIWA Sign.ture' A , /lcificii( r Title I) Printed Name A06 „--i— 7, ac)! Date Page 3 of 3